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PC 12-07-16 Meeting Agenda
AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia December 7, 2016 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting ................................................................ (no tab) 2) October 19, 2016 Minutes............................................................................................... (A) 3) Committee Reports .................................................................................................. (no tab) 4) Citizen Comments ................................................................................................... (no tab) PUBLIC HEARING 5) Ordinance Amendment to the Frederick County Code –Chapter 144 Subdivision of Land, ARTICLE V – DESIGN STANDARDS, §144-31. Rural Subdivision. Revision to the Frederick County Subdivision of Land to reduce the right-of-way width mandatory to create a family lot subdivision per the Code of Virginia. Mrs. Perkins ..................................................................................................................... (B) 6) Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE IX NONCONFORMING USES, STRUCTURES AND SIGNS, Part 901 – Nonconforming Uses, Structures and Signs, §165-901.01 Continuation of pre- existing uses, structures & signs. Off-Street Parking, Loading and Access, §165- 202.01 Off-Street Parking; Parking Lots. Revisions to the Frederick County Zoning Ordinance to increase the timeframe a nonconforming use can be discontinued before it is deemed abandoned per the Code of Virginia. Mrs. Perkins ..................................................................................................................... (C) 7) Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS, Part 603 – B2 General Business District, §165-603.02 Allowed Uses. Revisions to the Frederick County Zoning Ordinance to eliminate Motorcycle Repair in the B2 (General Business) District and allow this use in the B3, M1 and M2 District. Mrs. Perkins ..................................................................................................................... (D) -2- 8) Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES, Part 204 – Additional Regulations for Specific Uses §165-204.24. Commercial Recreations Indoor, ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS, Part 101 – General Provisions §165-101.02 Definitions & word usage, ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS, Part 606 – M1 Light Industrial District, §165-604.03 Conditional Uses, ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS, Part 605 – OM Office- Manufacturing Park District, §165-605.03.1 Conditional Uses. Revisions to the Frederick County Zoning Ordinance to include indoor recreation as a conditional use in the M1 (Light Industrial) Zoning District. Mrs. Perkins ..................................................................................................................... (E) 9) Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS, Part 802 – Site Plans, §165-802.03 Site Plan and Illustrative Sketch Plan Contents. Revisions to the Frederick County Zoning Ordinance to increase the disturbed area permissible to be considered a minor site plan from 5,000 square feet to 10,000 square feet. Mrs. Perkins ..................................................................................................................... (F) ACTION ITEM 10) Rezoning #12-16 Snowden Bridge Station, submitted by GreyWolfe, Inc., to revise the proffers associated with Rezoning #03-05 for North Stephenson, Inc. This revision relates to the transportation section. The properties are located on the eastern side of Martinsburg Pike (Route 11), wester side of CSX, northern side of Redbud Road, and southern side of Snowden Bridge Boulevard in the Stonewall Magisterial District and is identified with Property Identification Numbers 43C-3-5, 43C-3-7A, 43-A-151 and 43-A- 152. Mrs. Perkins ..................................................................................................................... (G) INFORMATION/DISCUSSION 11) 2035 Comprehensive Plan-Transportation Chapter Update Mrs. Perkins ..................................................................................................................... (H) 12) Annual Review of Bylaws and Roles and Responsibilities Mrs. Perkins ...................................................................................................................... (I) Other Adjourn Commonly Used Planning Agenda Terms Meeting format Citizen Comments – The portion of the meeting agenda offering an opportunity for the public to provide comment to the Planning Commission on any items not scheduled as public hearing items. Public Hearing– A specific type of agenda item, required by State law, which incorporates public comment as a part of that item prior to Planning Commission or Board of Supervisors action. Public hearings are held for items such as: Comprehensive Plan policies and amendments; Zoning and Subdivision Ordinance amendments; and Rezoning and Conditional Use Permit applications. Following the Public Hearing, the Planning Commission will take action on the item (see below). Action Item–There are both public hearing and non-public hearing items on which the Planning Commission takes action. Depending on the actual item, the Planning Commission may approve, deny, table, or forward a recommendation to the Board of Supervisors regarding the agenda item. No public comment is accepted during the Action Item portion of the agenda. Information/Discussion Item– The portion of the meeting agenda where items are presented to the Planning Commission for information and discussion. The Planning Commission may offer comments and suggestions, but does not take action on the agenda item. No public comment is accepted during the Information/Discussion Item portion of the agenda. Planning Terminology Urban Development Area or UDA – The UDA is the county’s urban growth boundary identified in the Comprehensive Plan in which more intensive forms of residential development will occur. The UDA is an area of the county where community facilities and public services are more readily available and are provided more economically. Sewer and Water Service Area or SWSA – The SWSA is the boundary identified in the Comprehensive Plan in which public water and sewer is or can be provided. The SWSA is consistent with the UDA in many locations; however the SWSA may extend beyond the UDA to promote commercial, industrial, and institutional land uses in area where residential land uses are not desirable. Land Use – Land Use is the nomenclature which refers to the type of activity which may occur on an area of land. Common land use categories include: agricultural, residential, commercial, and industrial. Zoning District - Zoning district refers to a specific geographic area that is subject to land use standards. Frederick County designates these areas, and establishes policies and ordinances over types of land uses, density, and lot requirements in each zone. Zoning is the main planning tool of local government to manage the future development of a community, protect neighborhoods, concentrate retail business and industry, and channel traffic. Rezoning – Rezoning is the process by which a property owner seeks to implement or modify the permitted land use activities on their land. A rezoning changes the permitted land use activities within the categories listed above under Land Use. Conditional Use Permit or CUP - A CUP allows special land uses which may be desirable, but are not always appropriate based on a location and surrounding land uses. The CUP requested use, which is not allowed as a matter of right within a zoning district, is considered through a public hearing process and usually contains conditions to minimize any impacts on surrounding properties. Ordinance Amendment – The process by which the County Code is revised. Often the revisions are the result of a citizen request with substantial justification supporting the change. Amendments ultimately proceed through a public hearing prior to the PC forwarding a recommendation to the Board of Supervisors. County Bodies Involved Board of Supervisors or BOS - Frederick County is governed by an elected Board of Supervisors composed of seven members, one from each magisterial district, and one chairman-at-large. The Board of Supervisors is the policy-making body of the county. Functions of the Board of Supervisors related to planning include making land use decisions, and establishing growth and development policies. Planning Commission or PC - The PC is composed of 13 members, two from each magisterial districts and one at-large, appointed by the Board of Supervisors. The Planning Commission serves in an advisory capacity to the Board of Supervisors which then takes final action on all planning, zoning, and land use matters. Comprehensive Plans and Programs Committee or CPPC – The CPPC is a major committee of the PC whose primary responsibility is to formulate land use policies that shape the location and timing of development throughout the County. Included in the work are studies of specific areas to develop guidelines for future land use within those areas. The CPPC also considers requests for amendments to the Comprehensive Plan. Decisions by CPPC are then forwarded to the PC for consideration. Development Review and Regulations Committee or DRRC – The DRRC is the second major committee of the PC whose primary responsibilities involve the implementation of the Comprehensive Plan in the form of Zoning and Subdivision ordinance requirements. Requests to amend the ordinances to the DRRC are made by the Board of Supervisors, Planning Commission, local citizens, businesses, or organizations. DRRC decisions are also forwarded to the PC for consideration. A Frederick County Planning Commission Page 3382 Minutes of October 19, 2016 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 October 19, 2016. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Greg L. Unger, Back Creek District; J. Rhodes Marston, Back Creek District; Christopher M. Mohn, Red Bud District; Charles F. Dunlap, Red Bud District; Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Roderick B. Williams, County Attorney. ABSENT: None STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; Mark A. Cheran, Zoning and Subdivision Administrator; and Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Wilmot called the October 19, 2016 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Upon motion made by Commissioner Oates and seconded by Commissioner Triplett, the Planning Commission unanimously adopted the agenda for this evening’s meeting. Frederick County Planning Commission Page 3383 Minutes of October 19, 2016 COMMITTEE REPORTS Comprehensive Plans and Programs Committee – Mtg. 10/11/16 Commissioner Mohn reported the committee reviewed and discussed revisions to the 2035 Comprehensive plan. Frederick County Sanitation Authority – Mtg. 10/18/16 Commissioner Unger reported the following operations totals: customer base for water 14,863; customer base for sanitary 14,372; water production for the Diehl plant 1.79 mgd; water production for the Anderson plant 2.008 mgd; City of Winchester water purchase 2.36 mgd; daily average is 6.16 mgd; yearly average is 6.04 mgd; elevation at the Diehl North Quarry is 649.8; elevation at the Anderson Quarry is 580.2. He noted water loss for the month was around 11%. Commissioner Unger reported there is the potential use of Local Facilities Charges. He explained the Lake Frederick development has been identified as a potential benefactor of a Local Facilities Charge. City of Winchester – Mtg. 9/20/16 and 10/18/16 Commissioner Kat Eaton reported approval was recommended for Fairmont/North Loudoun Corridor Enhancement District with the recommendation to exclude underground utilities on September 20, 2016. She continued the following were recommended for approval on October 18, 2016: a CUP for a 100’ monopole tower at 501 w. Jubal Early Drive; a CUP for a private museum at 705 S. Loudoun Street; a CUP to convert the ground floor at 914 S. Braddock Street; rezoning of .11 acre property at the northeast corner of W. Cork Street and Lee Street; hearing delay requested by the applicant for Relax Inn. Board of Supervisors – Mtg. 10/12/16 Board of Supervisors’ Liaison, Supervisor Blaine Dunn reported the Board made a minor revision to Rezoning #08-16. Regarding amendments to the CPPA, Mr. Dunn noted the Board recommended further study to the Leonard Property only. ------------- CITIZEN COMMENTS Chairman Wilmot 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. No one came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting. ------------- Frederick County Planning Commission Page 3384 Minutes of October 19, 2016 PUBLIC HEARING Conditional Use Permit #12-16 for Alma Carter and Ronald Carter submitted for an off-premise farm market. The property is located at 131 Gainesboro Road, Winchester and is identified with Property Identification Number 29-A-63 in the Gainesboro Magisterial District. Action – Recommend Approval Zoning and Subdivision Administrator, Mark A. Cheran reported this property is currently zoned RA (Rural Areas), the use is Residential; the surrounding properties are also zoned RA, and those land uses are Residential and Vacant. Mr. Cheran presented a locations map of the property. He continued, the Frederick County Zoning Ordinance allows for an off-premise farm market in the RA Zoning District through an approved Conditional Use Permit (CUP). Mr. Cheran explained the difference between a regular farm market and an off-premise; the off-premise will not be growing produce at the location at this time. He reported farm markets allow for the retail sale of fresh fruits and vegetables, other food and related items, horticultural products, and livestock in a space that may be indoor or outdoor. It was noted by Mr. Cheran, the Applicant proposed to use the existing barn on the property (which also includes a farm house and outbuildings) for the farm market facility. Mr. Cheran reported the ultimate configuration of the site, including parking and a business sign will be determined by an illustrative sketch plan. He continued, the Applicant proposed up to ten (10) employee’s to staff the farm market; however the number of employee’s permitted on site will ultimately be determined by the type of well and sewage disposal system approved by the Winchester - Frederick County Health Department. It was noted by Mr. Cheran any new signage will be limited to one (1) freestanding monument sign; not to exceed fifty (50) square feet in area, and five (5) feet in height. He presented the conditions recommended by Staff: 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to establishment of the use. 3. Prior to the establishment of the use, an OSE packet should be submitted to and approved by the Winchester-Frederick County Health Department for the well and sewage disposal system to be utilized for this property. 4. One, non-illuminated, freestanding monument business sign is allowed with this Conditional Use Permit that is no more than five (5) feet tall and no more than fifty (50) square feet in area. 5. Hours of operation shall be limited to 8 a.m. to 9 p.m. seven (7) days a week. 6. Any expansion or change of use shall require a new Conditional Use Permit. Commissioner Oates inquired if this were recommended for approval, ultimately approved by the Board of Supervisors and the land does not perk for a drain field; does that mean the Applicant would have the CUP lingering even though they cannot utilize it. Mr. Cheran noted that is correct. Mrs. Alma “Libby” Carter came forward and explained they are seeking to add a positive addition to the community. She continued they would like to accommodate the area schools such as field Frederick County Planning Commission Page 3385 Minutes of October 19, 2016 trips. It was noted by Mrs. Carter they have an additional 7.5 acres at this site with hopes of growing their own produce. Commissioner Molden stated he has visited the site; initially he was concerned with the entrance, however the illustrative sketch plan addresses this concern. He feels this will be a good fit for the area. Commission Members discussed the possibility of putting a time limit on the CUP in case the property does not meet the requirements set forth by the Health Department. Commissioner Oates noted typically a drain field is already associated with a project, however in this case they have not completed that yet and his concern would be a CUP lingering if requirements are not met. Commissioner Mohn expressed he does not feel this would be a burden to the County if the CUP is issued and they cannot use it. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Triplett, and seconded by Commissioner Kenney BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #12-16 for Alma Carter and Ronald Carter, submitted for an off- premise farm market. The property is located at 131 Gainesboro Road, Winchester and is identified with Property Identification Number 29-A-63 in the Gainesboro Magisterial District. Rezoning #11-16 for Southern Hills, submitted by Greenway Engineering, Inc., to rezone 37.79 acres from RP (Residential Performance) District to RP (Residential Performance) District with revised proffers, and 2.56 acres from B2 (General Business) District to B2 (General Business) District with revised proffers. The property is located on the east side of Town Run Lane (route 1012) approximately 0.6 miles south of the intersection with Fairfax Pike (Route 277) and Town Run Lane, in the Opequon Magisterial District, and is identified by Property Identification Number 85D-1-1-95. Action – Recommend Approval Assistant Director, Candice E. Perkins reported this is an application to revise the proffers from Rezoning #22-06 for 40.36 acres (37.39 acres of Residential Performance and 2.57 acres of General Business Zoning) to allow for the construction of up to 130 single -family detached units on the RP section of the property. She explained Rezoning #22-06 allowed for the construction of up to 232 single-family attached units (townhouses); therefore this requested rezoning would change the housing type and decrease the total units by 102. Ms. Perkins presented a locations map of the property. She continued since this rezoning was submitted after July 1, 2016; the specifically attributable proffer policy (§15.2-2303.4) applies to this property. Ms. Perkins noted the Code of Virginia requires residential proffers to be specifically attributable to the impacts generated by the development. It was explained by Ms. Perkins the Applicant submitted an analysis (Residential Development Attributable Impacts) demonstrating how they believe their proffers could be specifically attributable to their impacts. Frederick County Planning Commission Page 3386 Minutes of October 19, 2016 Ms. Perkins outlined a number of concerns regarding the Applicant’s analysis and how the monetary proffers offered were attributable to the development: Clearbr ook Park figures; Additional proffer of $304,179.30. She noted the Applicant has since revised the proffers to remove the Clearbrook Park proffer and the $304,179.30, bringing the total proffer to $830,630.70. Mr. Evan Wyatt of Greenway Engineering and representing the Applicant came forward. He presented a brief history of the project dating back to 2006. Mr. Wyatt explained there was an additional transportation proffer added which called for a 100’ right-of-way corridor to set up the cadence to relocate South Warrior Drive in the future should the Stephens City Exit #307 be shifted. Mr. Wyatt continued the Applicant has put together a proffer which takes 232 townhouses out of the equation and proposes a maximum of 130 single family detached homes; this means there is a reduction to impacts for transportation, water, sewer, and schools. Mr. Wyatt noted another important item is the Applicant wanted to acquire the 2.5 acre portion in order to control that piece for the right -of-way which has two deeds available to the County or VDOT upon request, and it goes from a reservation to a dedication. Commissioner Thomas inquired if there is any odor that comes from the waste water treatment pond located there. Mr. Wyatt stated he has not personally witnessed an odor; however there is a clause in the proffer that requires disclosure to future lot purchasers regarding the proximity of the pond/lagoon. Commissioner Thomas asked if the proffer amount of $830,630.70 in the revision was totally voluntary. Mr. Wyatt stated that is correct and it was calculated based on attributable impacts. Commissioner Thomas inquired if there is any intent to build on the B2 portion of the property. Mr. Wyatt confirmed there is no intent. Commissioner Thomas inquired when the revised proffers were received. Ms. Perkins stated the revised proffers were received October 18, 2016. Commissioner Thomas asked does that put the Planning Commission in a compromised position since the bylaws state revised proffers must be received 14 days in advance of the meeting. Director, Michael T. Ruddy explained the bylaws give the Planning Commission the ability to table an application for a variety of reasons; one being if the proffers are provided less than 14 days before the meeting; giving the ability to do so does not mean you have to and it is at the discretion of the Planning Commission. Commissioner Thomas noted he does not like getting proffers this close to the meeting date, however in this case the only change in the revised p roffers is lowering the monetary amount to what is directly attributable to the development. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Thomas, and seconded by Commissioner Mohn BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning #11-16 for Southern Hills, submitted by Greenway Engineering, Inc., to rezone 37.79 acres from RP (Residential Performance) District to RP (Residential Performance) District with revised proffers, and 2.56 acres from B2 (General Business) Dist rict to B2 (General Business) District with revised proffers. The property is located on the east side of Town Run Lane (route 1012) approximately 0.6 miles south of the intersection with Fairfax Pike (Route 277) and Town Run Lane, in the Opequon Magisterial District, and is identified by Property Identification Number 85D-1-1-95. ------------- Frederick County Planning Commission Page 3387 Minutes of October 19, 2016 INFORMATION/DISCUSSION Indoor Recreation in the M1 District – Discussion on revisions to the Zoning Ordinance to include indoor recreation as a conditional use in the M1 (Light Industrial) Zoning District. No Action Required Assistant Director, Candice E. Perkins reported this is an Amendment to the Zoning Ordinance to allow commercial indoor recreation as a conditional use in the M1 (Light Industrial) District. She noted currently the use is permitted in the B2 and B3 Districts by-right. Ms. Perkins continued staff has drafted supplemental use regulations for parking and pickup areas and additional requirements could be added during the Conditional Use Permit process if necessary. Ms. Perkins concluded the DRRC discussed this Amendment at their September meeting and agreed with the proposed changes. Commissioner Oates inquired if the M1 and OM Districts were added at the DRRC meeting. Ms. Perkins confirmed that is correct and she will add this for the Board of Supervisors. Commissioner Kenney commented he is in favor of this amendment and there is M1 properties that can be utilized. Minor Site Plan Threshold – Discussion on revisions to the Zoning Ordinance to increase the disturbed area permissible to be considered a minor site plan from 5,000 square feet to 10,000 square feet. No Action Required Assistant Director, Candice E. Perkins reported this is an Amendment to the Zoning Ordinance to modify the standards for the submittal of a minor site plan. She continued the current threshold for a minor site plan is “a revision that increases an existing structure area by 20% or less and does not exceed 5,000 square feet of disturbed area”. Ms. Perkins noted this proposed Amendment would increase the threshold from 5,000 sq. ft. to 10,000 sq. ft. to be consistent with the requirements for a land disturbance permit. Ms. Perkins concluded the DRRC discussed this Amendment at their September meeting and agreed with the proposed changes. Commissioner Mohn commented this is a nice change to the Ordinance. ------------- Frederick County Planning Commission Page 3388 Minutes of October 19, 2016 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 7:40 p.m. Respectfully submitted, ____________________________ June M. Wilmot, Chairman ____________________________ Michael T. Ruddy, Secretary B COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Candice E. Perkins, AICP, CZA, Assistant Director SUBJECT: Public Hearing - Ordinance Amendment Right-of-Way Widths for Family Lot Subdivisions DATE: November 28, 2016 This is a proposed amendment to Chapter 144 – Subdivision of Land, to update the minimum right-of-way requirement necessary to create a family division lot. Family division lots as small as two acres in the RA (Rural Areas) District are permitted to be divided and conveyed to an immediate family member. The subdivision ordinance currently states that a 50 foot right -of- way is required in order to subdivide these lots. However; the Code of Virginia states that a 20 foot right-of-way is the maximum that can be required. Staff has drafted a revision to the Subdivision Ordinance which reduces the current 50 foot right-of-way requirement to a 20 foot minimum right-of-way for a family division lot. The DRRC discussed this amendment at their August 2016 meeting. The DRRC agreed with the proposed change and the item was forwarded to the Planning Commission for discussion. The Planning Commission discussed this at their October 5, 2016 meeting; the Planning Commission agreed with the change and noted that it would bring the Subdivision Ordinance into compliance with the State Code. The Board of Supervisors discussed this item on October 26, 2016; the Board of Supervisors agreed with the proposed changes and sent the amendment forward for public hearing. The attached document shows the existing ordinance with the proposed changes supported by the DRRC (with bold italic for text added). This item is presented for public hearing. A recommendation from the Planning Commission on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Code of Virginia CEP/pd Attachment 1 Original language Draft revisions § 144.31. Rural subdivisions. [Amended 6-9-1993; 8-12-2009] The requirements of this section shall apply to all subdivisions of land zoned RA (Rural Areas) under Article IV of Chapter 165, Zoning, of the Frederick County Code. *Sections A and B remain unchanged. C. Minor rural subdivisions. (1) The division of the following types of lots is permitted under the regulations for minor rural subdivision: (a) Lots described by § 165-401.06B, Family division lots of Chapter 165, Zoning, of the Frederick County Code. [Amended 12-9-2009] (b) Lots described in § 165-401.06A, Traditional five-acre lots, and § 165-401.06D, Rural preservation lots, provided that a total of no more than three such lots may be created from any one parcel under these regulations. (2) Shared private driveways. Vehicular access to a minor rural subdivision may be provided by means of shared private driveways. The owners of lots provided with access via such driveways shall be responsible for the improvement and maintenance of said driveways. When shared driveways are used, the Subdivision Administrator shall be provided with copies of the deeds of transfer. Such deeds shall contain the following language: The proposed shared private driveway is not building according to street standards and will not be maintained by the Virginia Department of Transportation or the County of Frederick. The improvement and maintenance of said driveway shall be the sole responsibility of the owners of lots which are provided with access via the driveway. Said shared private driveways will not be considered for inclusion into the state secondary system until they meet the applicable construction standards of the Virginia Department of Transportation. The cost of bringing said driveways to acceptable standards shall not be borne by the Virginia Department of Transportation nor by Frederick County. (3) Minimum width for shared private driveway. The minimum right-of-way width for a shared private driveway shall be 50 feet to a public street or right-of-way dedicated for maintenance by the Virginia Department of Transportation. For the purposes of family division lots, the minimum right-of-way width for a shared private driveway shall be 20 feet to a public street or right-of-way dedicated for maintenance by the Virginia Department of Transportation. ATTACHMENT 2 Code of Virginia § 15.2-2244. Provisions for subdivision of a lot for conveyance to a family member. A. In any county a subdivision ordinance shall provide for reasonable provisions permitting a single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner, including the family member's spouse, subject only to any express requirement contained in the Code of Virginia and to any requirement imposed by the local governing body that all lots of less than five acres have reasonable right-of-way of not less than 10 feet or more than 20 feet providing ingress and egress to a dedicated recorded public street or thoroughfare. Only one such division shall be allowed per family member, and shall not be for the purpose of circumventing this section. For the purpose of this subsection, a member of the immediate family is defined as any person who is a natural or legally defined offspring, stepchild, spouse, sibling, grandchild, grandparent, or parent of the owner. In addition, any such locality may include aunts, uncles, nieces and nephews in its definition of immediate family. C COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Candice E. Perkins, AICP, CZA, Assistant Director SUBJECT: Public Hearing - Ordinance Amendment Discontinuance of Nonconforming Uses DATE: November 28, 2016 This is an amendment to Chapter 165 – Zoning, as it pertains to the discontinuance of nonconforming uses. The Zoning Ordinance currently states that if a nonconforming use is discontinued for a period exceeding one year it is deemed abandoned. The Code of Virginia, however; states that a two year period is required before a use can be deemed abandoned. This revision proposes to change the Zoning Ordinance requirement to two years in conformance with the Code of Virginia. The DRRC discussed this amendment at their August 2016 meeting. The DRRC agreed with the proposed change and the item was forwarded to the Planning Commission for discussion. The Planning Commission discussed this at their October 5, 2016 meeting; the Planning Commission agreed with the change and noted that it would bring the Zoning Ordinance into compliance with the State Code. The Board of Supervisors discussed this item on October 26, 2016; the Board of Supervisors agreed with the proposed changes and sent the amendment forward for public hearing. The attached document shows the existing ordinance with the proposed changes supported by the DRRC (with bold italic for text added). This item is presented for public hearing. A recommendation from the Planning Commission on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Code of Virginia CEP/pd ATTACHMENT 1 Original language Draft revisions ARTICLE IX NONCONFORMING USES, STRUCTURES AND SIGNS Part 901 – Regulations § 165-901.01 Continuation of pre-existing uses, structures and signs. Any use which does not conform to the requirements of this chapter at the effective adoption date of this chapter may be continued so long as it remains otherwise lawful. Structures and land may continue to be used as they were at the effective adoption date so long as they remain otherwise lawful. Any use, structure, or sign which subsequently becomes nonconforming as a result of amendments to this chapter may continue as it was at the time of the adoption of the amendment, as long as it remains otherwise lawful. Such nonconforming uses, structures, and signs shall conform to all laws in effect at the time when the use, structure, and signs were established. A. If any change of ownership, possession or lease of any legally nonconforming use, structure, or sign occurs, the use, structure, or sign may continue according to the requirements of this article. B. When the boundaries of a district are changed, any uses, structures, or signs which become nonconforming as a result of such change shall be subject to the provisions of this article. § 165-901.02 Discontinuance. A. If any legally nonconforming use or legally nonconforming sign is discontinued for a period exceeding one two years after the enactment of this chapter, it shall be deemed to be abandoned, and any use or sign thereafter shall conform to the requirements of this chapter. B. Seasonal legally nonconforming uses that have been in continuous operation for a period of two years or more prior to the adoption of this chapter may be continued. ATTACHMENT 2 Code of Virginia § 15.2-2307. Vested rights not impaired; nonconforming uses. C. A zoning ordinance may provide that land, buildings, and structures and the uses thereof which do not conform to the zoning prescribed for the district in which they are situated may be continued only so long as the then existing or a more restricted use continues and such use is not discontinued for more than two years, and so long as the buildings or structures are maintained in their then structural condition; and that the uses of such buildings or structures shall conform to such regulations whenever, with respect to the building or structure, the square footage of a building or structure is enlarged, or the building or structure is structurally altered as provided in the Uniform Statewide Building Code (§ 36-97 et seq.). If a use does not conform to the zoning prescribed for the district in which such use is situated, and if (i) a business license was issued by the locality for such use and (ii) the holder of such business license has operated continuously in the same location for at least 15 years and has paid all local taxes related to such use, the locality shall permit the holder of such business license to apply for a rezoning or a special use permit without charge by the locality or any agency affiliated with the locality for fees associated with such filing. Further, a zoning ordinance may provide that no nonconforming use may be expanded, or that no nonconforming building or structure may be moved on the same lot or to any other lot which is not properly zoned to permit such nonconforming use. . D COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Candice E. Perkins, AICP, CZA, Assistant Director SUBJECT: Public Hearing - Ordinance Amendment Removal of Motorcycle Repair from the B2 District DATE: November 28, 2016 This is a proposed amendment to Chapter 165 – Zoning, to remove motorcycle repair from the B2 (General Business) District and include it in the M1 (Light Industrial) and M2 (Industrial General) Districts. Currently, motorcycle repair is permitted in the B2 (General Business) and B3 (Industrial Transition) Districts. Staff has drafted an amendment to remove motorcycle repair from the B2 District and adding it to the M1 and M2 Districts (in addition to it currently being allowed in the B3 District). The DRRC discussed this amendment at their August 2016 meeting. The DRRC agreed with the proposed change and the item was forwarded to the Planning Commission for discussion. The Planning Commission discussed this at their October 5, 2016 meeting. The Planning Commission questioned whether this amendment would impact current uses or dealerships that offer repair services. Staff noted that existing legal businesses could continue to operate and dealerships that offer repair as an accessory use which would still be permitted in the B2 District. Ultimately, the Planning Commission agreed with the change and sent the item forward for review by the Board of Supervisors. The Board of Supervisors discussed this item on October 26, 2016; the Board of Supervisors agreed with the proposed changes and sent the amendment forward for public hearing. The attached document shows the existing ordinance with the proposed changes supported by the DRRC (with bold italic for text added). This item is presented for public hearing. A recommendation from the Planning Commission on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. SIC Manuel – 7699 CEP/pd ATTACHMENT 1 Original language Draft revisions ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 603 – B2 General Business District § 165-603.02 Allowed uses. Allowed uses shall be as follows: Allowed Uses Standard Industrial Classification (SIC) Veterinary offices with all activities and animals kept within the fully enclosed primary structure, excluding the following: 074 Veterinary services livestock 0741 Animal specialty services, except veterinary, with all activities and animals kept within the fully enclosed primary structure 0752 Communication facilities and offices, including telephone, telegraph, radio, television and other communications, excluding the following:[1] 48 Communications services, not elsewhere classified 4899 Paint, glass and wallpaper stores 523 Hardware stores 525 Retail nurseries and lawn and garden supply stores 526 General merchandise stores 53 Food stores, excluding the following: 54 Fruit and vegetable stands 5431 Automotive dealers and gasoline service stations 55 Apparel and accessory stores 56 Home furniture, furnishings and equipment stores 57 Restaurants 58 Miscellaneous retail, except for the following: 59 Fuel dealers 598 Flea markets, operated outdoors - Finance, insurance and real estate offices - Hotels and motels 701 Organization hotels and lodging 704 Personal services, including laundry and funeral services, excluding the following: 72 Linen supply 7213 Dry cleaning plants 7216 Industrial launderers 7218 Escort services 7299 ATTACHMENT 1 Allowed Uses Standard Industrial Classification (SIC) Turkish baths 7299 Steam baths 7299 Business services, excluding the following: 73 Outdoor ad services 7312 Miscellaneous equipment rental 735 Automobile recovery service 7389 Automobile repossession service 7389 Exhibits building of by industrial contractors 7389 Filling of pressure containers (aerosol) 7389 Gas systems contract conversion from manufactured to natural gas 7389 Produce weighting service 7389 Product sterilization service 7389 Repossession service 7389 Salvaging of damaged merchandise not engaged in sales 7389 Scrap steel cutting 7389 Car washes 7542 Miscellaneous repair services, excluding the following: 76 Welding repair 7692 Agricultural equipment repair 7699 Blacksmith shops 7699 Boiler cleaning and repair 7699 Cesspool cleaning 7699 Coppersmithing 7699 Dental and medical instrument repair 7699 Engine repair 7699 Farm machinery and tractor repair 7699 Farriers 7699 Horseshoeing 7699 Industrial truck repair 7699 Laboratory instrument repair 7699 Machinery cleaning 7699 Measuring and controlling instrument repair; mechanical 7699 Meteorological instrument repair 7699 Motorcycle Repair service 7699 Precision instrument repair 7699 Repair of optical instruments 7699 Repair of service station equipment 7699 Scale repair service 7699 Septic tank cleaning service 7699 Sewer cleaning service 7699 ATTACHMENT 1 Allowed Uses Standard Industrial Classification (SIC) Surgical instrument repair 7699 Tank and boiler cleaning service 7699 Tank truck cleaning service 7699 Taxidermists 7699 Tinsmithing 7699 Motion picture theaters, except drive-in 7832 Videotape rental 784 Amusement and recreation services operated indoors 79 Golf driving ranges and miniature golf courses 7999 Health services 80 Legal services 81 Child day-care facilities 8351 Membership organizations 86 Engineering, accounting, research, management and related services, excluding the following: 87 Testing laboratories 8734 General business offices - Model home sales offices - Self-service storage facilities - Public buildings - Public utility distribution facilities - Business signs - Signs allowed in § 165-201.06B - Freestanding building entrance signs - Multi-tenant complex signs - Electronic message signs - Residential uses which are accessory to allowed business uses - Parks - Churches - Libraries - Electrical supplies 506 Hardware and plumbing and heating equipment 507 Commercial batting cages operated outdoors - Fire stations, companies and rescue squads - Commercial sport and recreation clubs -- Social services, except for the following: 83 Residential care 836 **7699 as a whole use group is permitted in the B3 District ATTACHMENT 1 Part 606: M1 Light Industrial District § 165-606.02 Allowed uses. Allowed uses are as follows: Allowed Uses Standard Industrial Classification (SIC) Landscape and horticultural services 078 Offices and storage facilities for building construction contractors, heavy construction contractors and special trade contractors 15, 16 and 17 Manufacturing as follows: -- Dairy products 202 Canned, frozen and preserved fruits, vegetables and soup mixes 203 Bakery products 205 Sugar and confectionary products 206 Beverages 208 Miscellaneous food preparations and products, excluding the following: 209 Canned and cured fish and seafood 2091 Fresh or frozen fish and seafood 2092 Textile mill products 22 Apparel or other finished products made from fabrics and similar material 23 Lumber and wood products, excluding the following: 24 Logging 241 Sawmills and planing mills 242 Wood preserving 2491 Furniture and fixtures 25 Paperboard containers and boxes 265 Converted paper and paperboard products, except containers and boxes 267 Printing, publishing and allied industries 27 Drugs 283 Rubber and miscellaneous plastics products 30 Concrete block and brick and related products 3271 Fabricated metal products, excluding the following: 34 Coating, engraving and allied services 347 Ammunition, except for small arms 3483 Ordnance and accessories, not elsewhere classified 3489 Industrial and commercial machinery and computer equipment 35 Electronics and other electrical equipment and components, excluding the following: 36 Lead acid batteries 3691 Primary batteries 3692 Transportation equipment 37 Measuring, analyzing and controlling instruments; photographic, medical and optical goods; and watches and clocks 38 ATTACHMENT 1 Allowed Uses Standard Industrial Classification (SIC) Miscellaneous manufacturing industries 39 Local and suburban transit and interurban highway passenger transportation 41 Motor freight transportation and warehousing 42 Transportation by air 45 Transportation services 47 Communication facilities and offices, including telephone, telegraph, radio, television and other communications 48 Electric, gas and other utility facilities and offices and trucking and warehousing 49 Wholesale trade - Advertising specialties - wholesale 5199 Restaurants 58 Linen supply 7213 Dry cleaning plants 7216 Business services 73 Truck rental and leasing, without drivers 7513 Automotive repair shops 753 Welding repair 7692 Agricultural equipment repair 7699 Boiler cleaning and repair 7699 Cesspool cleaning 7699 Coppersmithing 7699 Engine repair 7699 Farm machinery and tractor repair 7699 Industrial truck repair 7699 Machinery cleaning 7699 Measuring and controlling instrument repair; mechanical 7699 Meteorological instrument repair 7699 Motorcycle Repair Service 7699 Precision instrument repair 7699 Repair of optical instruments 7699 Repair of service station equipment 7699 Scale repair service 7699 Septic tank cleaning service 7699 Sewer cleaning service 7699 Tank and boiler cleaning service 7699 Tank truck cleaning service 7699 Tinsmithing 7699 Vocational schools 824 Business associations 861 Professional membership organizations 862 ATTACHMENT 1 Allowed Uses Standard Industrial Classification (SIC) Labor unions and similar labor organizations 863 Engineering, accounting, research, management and related services 87 Testing laboratories 8734 General business offices, including corporate, government or other offices not providing services to the general public on a regular basis as the primary use -- Accessory retailing -- Public buildings -- Public utility distribution facilities -- Business signs -- Signs allowed in § 165-201.06B -- Freestanding building entrance signs -- Multi-tenant complex signs -- Electronic message signs -- Residential uses which are accessory to allowed business uses -- Parks -- Regional criminal justice, enforcement and detention facilities for Frederick County, Clarke County and the City of Winchester -- Industrial launderers 7218 Truck or fleet maintenance facilities -- Self-service storage facilities -- Flex-Tech -- Fire stations, companies and rescue squads -- ATTACHMENT 2 E COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Candice E. Perkins, AICP, CZA, Assistant Director SUBJECT: Pubic Hearing - Ordinance Amendment Indoor Recreation in the M1 and OM Districts DATE: November 28, 2016 This is an amendment to Chapter 165 – Zoning, to include an allowance for amusement and recreation services operated indoors SIC 79 to be permitted through a Conditional Use Permit in the M1 (Light Industrial) District and the OM (Office-Manufacturing) District. Staff has limited the allowances to SIC 7941 (commercial sports), SIC 7991 (physical fitness facilities), SIC 7997 (membership sports and recreation clubs) and portions of 7999 (fitness and sports instruction). Staff has also drafted supplemental use regulations that would correspond to the use – additional requirements could be added during the Conditional Use Permit process if necessary. The DRRC discussed this amendment at their September 2016 meeting. The DRRC agreed with the proposed change and the item was forwarded to the Planning Commission for discussion. The Planning Commission discussed this item on October 19; the Planning Comm ission agreed with the changes and sent the item forward for review by the Board of Supervisors. The Board of Supervisors discussed this item on November 9, 2016; the Board of Supervisors agreed with the proposed changes and sent the amendment forward for public hearing. The attached document shows the existing ordinance with the proposed changes supported by the DRRC and the Planning Commission (with bold italic for text added). This item is presented for public hearing. A recommendation from the Planning Commission on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. SIC 79 CEP/pd ATTACHMENT 1 ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 606 – M1 Light Industrial District § 165-606.03. Conditional Uses. Uses permitted with a conditional use permit shall be as follows: Part 605 – OM Office-Manufacturing Park District § 165-605.03.1 Conditional Uses. Uses permitted with a conditional use permit shall be as follows: Conditional Uses Standard Industrial Classification (SIC) Tractor Truck and Tractor Truck Trailer Parking ----- Commercial Recreation, Indoor*: Professional Sports Clubs Physical Fitness Facilities Membership Sports and Recreation Clubs Amusement and Recreation Services (to include only fitness and sports instruction facilities) *This use will not be permissible in the M2 Zoning District. 7941 7991 7997 7999 Conditional Uses Standard Industrial Classification (SIC) Commercial Recreation, Indoor*: Professional Sports Clubs Physical Fitness Facilities Membership Sports and Recreation Clubs Amusement and Recreation Services (to include only fitness and sports instruction facilities) 7941 7991 7997 7999 ATTACHMENT 1 Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 204 – Additional Regulations for Specific Uses § 165-204.29. Commercial Recreation, Indoor. Commercial Indoor Recreation located in the M1 (Light Industrial) District and the OM (Office-Manufacturing) District shall be subject to the following requirements: A. Parking areas for recreation facilities shall be designated to enhance the safety of patrons as they arrive at and leave the facility. B. Adequate parking shall be provided onsite, or through a shared parking agreement, shall be required per § 165-202.01. C. Establishments shall include a designated pickup and delivery area for all patrons in such a way that provides safe and clearly designated access to enter or exit the facility. D. All uses shall be operated indoors, outdoor recreation shall be prohibited. ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101 – General Provisions § 165-101.02 Definitions & word usage. COMMERCIAL RECREATION, INDOOR RECREATION – A sports or activity facility either open to the general public for a fee or for members and their guests, located in an enclosed building or structure designed to accommodate gatherings Private, fee-supported outdoor facilities used for athletic, training, recreational or park purposes, games, cultural activities, martial arts, archery and the like. that utilize supervised athletic or recreational activities. ATTACHMENT 2 F COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Candice E. Perkins, AICP, CZA, Assistant Director SUBJECT: Public Hearing - Ordinance Amendment – Minor Site Plans DATE: November 28, 2016 This is an amendment to Chapter 165 – Zoning, to modify the standards for the submittal of a minor site plan. The current threshold for a minor site plan is “a revision that increases an existing structure area by 20% or less and does not exceed 5,000 square feet of disturbed area”. At the August meeting of the Development Review and Regulations Committee (DRRC), the Committee requested to increase the disturbed area from 5,000 square feet to 10,000 square feet to be consistent with the state requirements for a land disturbance permit. The DRRC discussed this amendment at their September 2016 meeting. The DRRC agreed with the proposed change and the item was forwarded to the Planning Commission for discussion. The Planning Commission discussed this item on October 19; the Planning Commission agreed with the changes and sent the item forward for review by the Board of Supervisors. The Board of Supervisors discussed this item on November 9, 2016; the Board of Supervisors agreed with the proposed changes and sent the amendment forward for public hearing. The attached document shows the existing ordinance with the proposed changes supported by the DRRC and the Planning Commission (with bold italic for text added). This item is presented for public hearing. A recommendation from the Planning Commission on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachment: 1. Revised ordinance with deletions shown in strikethrough and additions shown in bold underlined italics. CEP/pd Attachment 1 ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS Part 802 – Site Plans § 165-802.03 Site plan and illustrative sketch plan contents. D. Minor Site Plans. A minor site plan may be submitted in lieu of a full site plan for additions to existing sites. A minor site plan shall constitute a revision that increases an existing structure area by 20% or less and does not exceed 5,000 10,000 square feet of disturbed area. Minor site plans, at a minimum shall include the following information: (1) A title that includes the name of the proposed or existing business and a subtitle which describes the proposed development. (2) The name, address, and phone number of the landowner, developer, and designer. (3) The Frederick County Property Identification Number (PIN) of all lots included on the site plan. (4) The total land area and total developed land area of all lots included on the site plan. (5) A detailed description of the proposed use or uses of the development, as well as a description of the existing use or uses. (6) A reference to any other site plan or master development plan approved by the County for the site. (7) The date the site plan was prepared and a list of all revisions made, including the date and a description of why the site plan was revised. (8) A table of contents including all pages of the site plan. (9) An inset map showing the location of the site, along with the location of streets, roads and land uses within 500 feet of the property. (10) A statement listing all requirements and conditions placed on the land included in the site plan resulting from approval of conditional zoning or a conditional use permit. (11) A description of setbacks or conditions placed on the site as a result of an approved variance. (12) The name of the Magisterial District within which property is located. (13) Calculations showing the total number of required and proposed parking and loading spaces, including the total number of existing and proposed spaces. (14) Calculations showing the total number of required perimeter and interior trees required, including the number of provided trees. The Zoning Administrator shall determine the number of landscaping plants required, proportional to the additions shown on the minor site plan. (15) A signed seal of the certified Virginia land surveyor, architect, or engineer who prepared the plan. (16) Any other information determined by the Zoning Administrator necessary for the review of the minor site plan. (17) The Zoning Administrator may eliminate any of the above requirements on a minor site plan, if it is determined not to be warranted. G REZONING APPLICATION #12-16 SNOWDEN BRIDGE STATION Staff Report for the Planning Commission Prepared: November 16, 2016 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 12/07/16 Pending Board of Supervisors: 01/11/17 Pending PROPOSAL: To revise the proffer from Rezoning #03-05 for North Stephenson, Inc. submitted by GreyWolfe, Inc. This minor proffer amendment seeks to amend a transportation proffer that previously dedicated public right-of-way for the construction of a public roadway for the realignment of Redbud Road. This proffer amendment seeks to make the dedication a private access easement and would bring this proffer in alignment with #04-16 which was approved in June of 2016 making the eastern portion of this roadway private. LOCATION: The properties are located on the eastern side of Martinsburg Pike (Route 11), western side of CSX, northern side of Redbud Road, and southern side of Snowden Bridge Boulevard. EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 12/07/16 PLANNING COMMISSION MEETING: This is an application to amend the proffers from Rezoning #03-05 for 59.223 acres of land. This minor proffer amendment seeks to amend a transportation proffer that previously dedicated public right-of- way for the construction of the realignment of Redbud Road. Since the 2005 rezoning was approved, the realignment location for Redbud Road has been relocated to the Graystone property and therefore a public right-of-way dedication is not necessary. The Applicant is requesting to revise the proffer to make this dedication a private access easement for five properties should they no longer have access to Redbud Road once it is relocated (Ezra Lane). This amendment would bring the proffers for this site into alignment with #04-16 which was approved in June of 2016 making the eastern portion of this roadway private. This site is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2030 Comprehensive Plan. The 2030 Comprehensive Plan identifies these properties with an industrial land use designation. The subject properties are currently zoned M1 (Light Industrial) District and therefore consistent with the goals of the Comprehensive Plan. The proffer statement has been modified to eliminate previously completed proffers, reduce the maximum allowable square footage based on land subsequently rezoned (#04-16) and the Applicant has increased the monetary contribution from $0.01 per structural square foot to $0.10 per building square foot for Fire and Rescue. Following the required public meeting, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning #12-16 Snowden Bridge Station November 18, 2016 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 12/07/16 Pending Board of Supervisors: 01/11/17 Pending PROPOSAL: To revise the proffer from Rezoning #03-05 for North Stephenson, Inc. submitted by GreyWolfe, Inc. This minor proffer amendment seeks to amend a transportation proffer that previously dedicated public right-of-way for the construction of a public roadway for the realignment of Redbud Road. This proffer amendment seeks to make the dedication a private access easement and would bring this proffer in alignment with #04-16 which was approved in June of 2016 making the eastern portion of this roadway private. LOCATION: The properties are located on the eastern side of Martinsburg Pike (Route 11), western side of CSX, northern side of Redbud Road, and southern side of Snowden Bridge Boulevard. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 43C-3-5, 43C-3-7A, 43-A151 and 43-A-152 PROPERTY ZONING: M1 (Light Industrial) District PRESENT USE: Industrial and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (General Business) District Use: Commercial RP (Residential Performance) District Residential South: M1 (Light Industrial) District Use: Industrial/Vacant RA (Rural Areas) District Battlefield/Preservation East: M1 (Light Industrial) District Use: Vacant/Snowden Bridge Boulevard B3 (Industrial Transition) District Commercial/Industrial West: RA (Rural Areas) District Use: Residential/Interstate 81 Rezoning #12-16 Snowden Bridge Station November 18, 2016 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: A VDOT review has been conducted for the Snowden Bridge Station (Omps) – Rezoning #03-05 Request, with a date of June 23, 2015. Based off of the review of the submittal, we have the following comment: Item “h” under Transportation in the approved 05 rezoning request needs to be incorporated into the 2016 rezoning request. Frederick County Attorney: I have now reviewed the corrected proffer statement and it is my opinion that it would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: Proffer 1f and 1g- It would be appropriate to state some time frame for performance of these proffers, such as within x days of request by the County. Proffer 2 – Staff will want to note that the proposed square footage limitation remains the same for the land area subject to this rezoning (59.223 acres) as it was for the larger land area that was subject to the 2005 rezoning (79.13 acres), within which area the current land area is encompassed. Proffer 3 – On the last line at the bottom of the page, “by” should be deleted before “to”. Planning & Zoning: 1) Site History: The original Frederick County zoning map (U.S.G.S. Winchester, VA Quadrangle) identifies the majority of the subject property as being zoned A-2 (Agriculture General). The County’s agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding zoning map resulted in the re-mapping of this portion of the subject property and all other A-1 and A-2 rezoned land to the RA District. The remainder of the property was identified as being zoned R-3. The R-3 (Residential General) District zoning classification was modified to RP (Residential Performance) District on February 14, 1990, during the comprehensive amendment to the County’s Zoning Ordinance. The subject properties were rezoned to the M1 (Light Industrial) Zoning District with rezoning #03-05 for North Stephenson which was approved by the Board of Supervisors on April 27, 2005. 2) Comprehensive Policy Plan: The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. Rezoning #12-16 Snowden Bridge Station November 18, 2016 Page 4 The Area Plans, Appendix I of the 2030 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The 2030 Comprehensive Plan identifies these properties with an industrial land use designation. The subject properties are currently zoned M1 and therefore consistent with the goals of the Comprehensive Plan. Transportation and Site Access This minor proffer amendment seeks to amend a transportation proffer that previously dedicated public right-of-way for the construction of the realignment of Redbud Road. Since the 2005 rezoning was approved, the realignment location for Redbud Road has been relocated to the Graystone property and therefore a public right-of-way dedication is not necessary. The Applicant is requesting to revise the proffer to make this dedication a private access easement for five properties should they no longer have access to Redbud Road once it is relocated (Ezra Lane). This amendment would bring the proffers for this site into alignment with #04-16 which was approved in June of 2016 making the eastern portion of this roadway private. 3) Proffer Statement, Dated June 23, 2016, revised August 19, 2016: 1. Transportation Proffers a-e have been completed. f. – Remains unchanged g. – Amendment to remove the public road dedication and provide for a private access easement (Ezra Lane). h – Remains unchanged 2. Structural Development - Proffer 2 has been amended from the 2005 rezoning to decrease the maximum allowance from 800,000sf to 600,000sf of total floor area. This proffer takes into account area that has been removed from the 2005 rezoning that is now part of rezoning #04-16. 3. Environmental Protection - Remains unchanged 4. Viewshed Mitigations - Remains unchanged 5. Fire and Rescue Monetary Contributions - Proffer 5 has been modified to increase the monetary contribution from $0.01 per structural square foot to $0.10 per building square foot for Fire and Rescue. Rezoning #12-16 Snowden Bridge Station November 18, 2016 Page 5 6. Martinsburg Pike Corridor Enhancement - Remains unchanged STAFF CONCLUSIONS FOR THE 06/15/16 PLANNING COMMISSION MEETING: This is an application to amend the proffers from Rezoning #03-05 for 59.223 acres of land. This minor proffer amendment seeks to amend a transportation proffer that previously dedicated public right-of- way for the construction of the realignment of Redbud Road. Since the 2005 rezoning was approved, the realignment location for Redbud Road has been relocated to the Graystone property and therefore a public right-of-way dedication is not necessary. The Applicant is requesting to revise the proffer to make this dedication a private access easement for five properties should they no longer have access to Redbud Road once it is relocated (Ezra Lane). This amendment would bring the proffers for this site into alignment with #04-16 which was approved in June of 2016 making the eastern portion of this roadway private. This site is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2030 Comprehensive Plan. The 2030 Comprehensive Plan identifies these properties with an industrial land use designation. The subject properties are currently zoned M1 (Light Industrial) District and therefore consistent with the goals of the Comprehensive Plan. The proffer statement has been modified to eliminate previously completed proffers, reduce the maximum allowable square footage based on land subsequently rezoned (#04-16) and the Applicant has increased the monetary contribution from $0.01 per structural square foot to $0.10 per building square foot for Fire and Rescue. Following the required public meeting, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. 0111 §¨¦81 §¨¦81 43 A 152 43 A 151 43C 3 7A 43C3 5 300PARKCENTER DR291PARKSIDE DR 410REDBUD RD 361MILBURN RD 361MILBURN RD 460REDBUD RD 476REDBUD RD 506REDBUD RD 174PACTIVWAY 541REDBUD RD 541REDBUD RD 172PACTIVWAY 345REDBUD RD 521REDBUD RD 288REDBUD RD 270REDBUD RD 280REDBUD RD 198AMOCO LN208AMOCO LN 178AMOCO LN 188AMOCO LN 168AMOCO LN 165AMOCO LN 127MERCEDES CT 1784MARTINSBURGPIKE 121MERCEDES CT 1818MARTINSBURGPIKE 1912MARTINSBURGPIKE 185NULTON LN 201NULTON LN 151MARKET ST 112MARKET ST 1840MARTINSBURGPIKE 163NULTON LN 366WELLTOWN RD 111MERCHANT ST 141NULTON LN 149NULTON LN 111MERCHANT ST 1854MARTINSBURGPIKE 1864MARTINSBURGPIKE 191MARKET ST 1876MARTINSBURGPIKE 1897MARTINSBURGPIKE 1952MARTINSBURGPIKE AMOC O L N EZRA L N SN O W D E N B R I D G E B L V D RED B U D R D Applications Parcels Sewer and Water Service Area Building Footprints I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: November 2, 2016Staff: cperkins REDBUD RD MARTINS B U R G P I K E WE L L T O W N R D SNO W D E N B R I D G E B L V D PACTIV W A Y §¨¦81 §¨¦81 0111 REZ # 12 - 16Snowden Bridge StationPINs:43 - A - 151, 43 - A - 15243C - 3 - 5, 43C - 3 - 7AProffer Amendment 0 550 1,100275 Feet MARTIN S B U R G P I K E REZ # 12 - 16Snowden Bridge StationPINs:43 - A - 151, 43 - A - 152,43C - 3 - 5, 43C - 3 - 7AProffer Amendment REZ #12-16 REZ #12-16 REZ #12-16 REZ #12-16 0111 §¨¦81 §¨¦81 ST661 43 A 152 43 A 151 43C 3 7A 43C3 5 300PARKCENTER DR 291PARKSIDE DR 410REDBUD RD 412REDBUD RD 412REDBUD RD 476REDBUD RD460REDBUD RD 361MILBURN RD 361MILBURN RD 506REDBUD RD 174PACTIVWAY 172PACTIVWAY 345REDBUD RD 521REDBUD RD 288REDBUD RD 141PRECISION DR 270REDBUD RD 280REDBUD RD 198AMOCO LN 208AMOCO LN 168AMOCO LN 178AMOCO LN 188AMOCO LN 148AMOCO LN 165AMOCO LN 140AMOCO LN 1544MARTINSBURGPIKE 1574MARTINSBURGPIKE 1571MARTINSBURGPIKE 1593MARTINSBURGPIKE 1601MARTINSBURGPIKE 127MERCEDES CT 1784MARTINSBURGPIKE 121MERCEDES CT 1818MARTINSBURGPIKE 1912MARTINSBURGPIKE 185NULTON LN 201NULTON LN 151MARKET ST 112MARKET ST 1840MARTINSBURGPIKE 163NULTON LN 366WELLTOWN RD 111MERCHANT ST 141NULTON LN 149NULTON LN 191MARKET ST 111MERCHANT ST 1864MARTINSBURGPIKE EZRA L N PACTI V W A Y AMO C O L N MARTINS B U R G PIKE SN O W D E N B R I D G E B L V D RED B U D R D Applications Parcels Sewer and Water Service Area Building Footprints Long Range Land Use Residential Neighborhood Village Urban Center Mobile Home Community Business Highway Commercial Mixed-Use Mixed Use Commercial/Office Mixed Use Industrial/Office Industrial Warehouse Heavy Industrial Extractive Mining Commercial Rec Rural Community Center Fire & Rescue Historic Institutional Planned Unit Development Park Recreation School Employment Airport Support Area B2 / B3 Residential, 4 u/a High-Density Residential, 6 u/a High-Density Residential, 12-16 u/a Rural Area Interstate Buffer Landfill Support Area Natural Resources & Recreation Environmental & Recreational Resources I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: November 2, 2016Staff: cperkins REDBUD RD MARTINS B U R G P I K E WE L L T O W N R D SNO W D E N B R I D G E B L V D PACTIV W A Y §¨¦81 §¨¦81 0111 REZ # 12 - 16Snowden Bridge StationPINs:43 - A - 151, 43 - A - 15243C - 3 - 5, 43C - 3 - 7AProffer Amendment 0 590 1,180295 Feet REZ # 12 - 16Snowden Bridge StationPINs:43 - A - 151, 43 - A - 152,43C - 3 - 5, 43C - 3 - 7AProffer Amendment REZ #12-16 REZ #12-16 REZ #12-16 REZ #12-16 H COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 TO: Frederick County Planning Commission FROM: Candice E. Perkins, AICP, CZA, Assistant Director RE: 2035 Comprehensive Plan Update – Transportation Chapter Update DATE: November 28, 2016 The Planning Commission discussed the 2035 Update on November 2, 2016; at that meeting Staff noted that the Transportation Chapter would be brought to the Planning Commission at a later meeting once the edits requested by VDOT were incorporated. Since the November 2, meeting, Staff has received the comments from VDOT and have addressed those comments. Specifically, changes to the Transportation Chapter include: State Code Compliance Text Planning Assumptions Text Needs Assumption Text Recommendations Additional Graphics and Maps The Transportation Committee discussed the edits to the chapter at their meeting on November 28, 2016; the Committee endorsed the edits. Following review by the Planning Commission, the updated Transportation Chapter will be incorporated into the 2035 Comprehensive Plan and the entire document will be discussed by the Board of Supervisors on December 14, 2016. Please find attached a clean copy of the updated Transportation Chapter from the 2035 Comprehensive Plan. Please contact Staff if you have any questions. Attachments CEP/pd MEMORANDUM THE 2035 COMPREHENSIVE PLAN 1 TRANSPORTATION V. TRANSPORTATION THE 2035 COMPREHENSIVE PLAN 2 TRANSPORTATION TRANSPORTATION CURRENT CONDITIONS Frederick County has grown significantly in the past two decades in both population and economic development, placing a significant demand upon the transportation system. Current County policy follows State Code guidance to ensure that new development offsets its impacts to the transportation system. A significant portion of congested roadways in the County can be linked to by-right development that does not offset its transportation impacts since it is not required by the Code of Virginia. This has had the greatest impact upon Interstate 81 and the primary highways in the County. Primary Highways include Routes 37, 522, 50, 7, 277 and 11. Based upon the most recent Virginia Department of Transportation (VDOT) data available (2016) Frederick County has 1,853 lane miles of roadway that are part of the state system. As of 2014, VDOT estimates that vehicles traveled 3,040,103 miles per day on Frederick County roadways. This is an over 200% increase since 1990. The vast majority of this travel is focused upon the Interstate and Primary systems. Planning Activities Transportation planning for Frederick County takes place in many ways. In addition to local comprehensive planning, Frederick County is a member of the WinFred Metropolitan Planning Organization. As part that organization the County participates in regional long range planning and has access to resources for numerous other planning studies. In addition, the County annually updates the Frederick County Interstate, Primary, and Secondary Road Plans which highlight key priorities. Finally, the County also regularly conducts small area plans such as the Northeast Land Use Plan and the 277 Triangle Land Use Plan which focus on smaller portions of the County. With the exception of a situation where the small area plan is more detailed, any discrepancy between the two plans will be resolved by the Eastern Road Plan. Urban Areas It is the County’s policy to focus future growth in the Urban Areas, within the boundaries of the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). In addition, the County has recently taken additional steps for growth within the UDA by adopting a Transfer of Development Rights (TDR) ordinance which allows by-right residential development rights to be sold by landowners in the Rural Areas to landowners inside the UDA. Ultimately, while this results in increased traffic in the UDA, this is still a net financial benefit to the County. This allows the County and State to focus roadway improvements within the UDA as opposed to having to expand roadways throughout the entire County. The Eastern Road Plan is the guide to roadway development/improvements in and around the Urban Areas. As of the year 2000 census, the urbanized portions of Frederick County, Winchester, and Stephens City area reached the population threshold (50,000) that led to the federally required creation of a Metropolitan Planning Organization (MPO). In Frederick County the MPO boundary is concentrated THE 2035 COMPREHENSIVE PLAN 3 TRANSPORTATION around the development in the eastern section, and along Route 11 to West Virginia in the north, and to Stephens City in the South. Staffed by the Northern Shenandoah Valley Regional Commission, the MPO is responsible for creating a long range transportation plan that meets air quality standards. The MPO is currently operating under the 2035 Long Range Transportation Plan (LRTP); a planned update will be undertaken in 2016. Rural Areas Improvements to secondary roads in the more rural western portion of the County are focused on safety and maintenance as opposed to creating additional capacity. The possible exception to this would be areas where the Comprehensive Plan proposes the development of Rural Community Centers. Capacity and safety improvements to primary roadways in the rural areas will be addressed on an as needed basis. Transportation funding for improvements in Frederick County has largely been accomplished through development proffers and the VDOT Revenue Sharing Program. Whenever possible, the County uses public-private partnerships to make improvements. The County is also active in the areas of rail access funding and economic development road access funding. The Commonwealth’s role in transportation funding has been declining over the years and has now reached the point where some federal funds are being used for maintenance with very little new construction taking place. The State has been actively encouraging localities to take on maintenance of their road systems. However, roadway construction and maintenance in Frederick County primarily remains the responsibility of the State and Federal Government. How the County, State, and Federal governments work together to create a long term funding policy for transportation will have far reaching impacts on transportation systems in Frederick County. Recent Transportation Legislation, the Smart Scale Program (formerly HB2) and HB1887, has significantly changed the process by which transportation projects will be funded within the Commonwealth. The stated purpose of the new system is to score transportation projects and remove politics from the decision making process. Based on Commonwealth Transportation Board (CTB) adopted criteria, economic development is the most influential factor in scoring criteria for Frederick County. The County will continue to coordinate with the Economic Development Authority (EDA) to highlight the economic development importance of key roadways and improvements. During the first round of the Smart Scale Program the County was successful on a number of applications, the most significant of which was Route 277 from I-81 Exit 307 to Double Church Road which includes widening, access management for safety and a realignment of the Aylor Road intersection away from the interchange. FOCUS FOR THE FUTURE In the next twenty to thirty years it is expected that a number of key THE 2035 COMPREHENSIVE PLAN 4 TRANSPORTATION transportation milestones will be reached. The issue of long-term road construction funding must be resolved, which will allow significant transportation system improvements to move forward. Most crucial is the completion of the Route 37 East bypass, which is critical for both residential and economic development traffic. Completion of this roadway has been a top priority for Frederick County for many years. The Eastern Road Plan will continue to guide road projects and will evolve to address the long range transportation needs of the County. The County will work to insure that development and transportation agencies routinely design and operate the entire right-of-way to enable safe access for drivers, transit users and vehicles, pedestrians, and bicyclists, as well as for older people, children, and people with disabilities. This goal aims to balance the diverse needs of all users of the public right-of-way and promote an integrated, multi- modal (or multiple modes of transportation) transportation system. Simply put, this means that the County will consider all potential users of the transportation system when making improvements, working with development, or constructing new facilities. This goal will benefit Frederick County as it addresses important safety, health, and environmental considerations, and promotes growth and revitalization within the Community. Over time, it is expected that private transit options will begin to play a larger role in Frederick County’s transportation network. This would likely begin with demand type services for the special needs populations, elderly, and disabled. As densities increase in the UDA and citizen preferences continue to shift, it is expected that bicycle and pedestrian accommodations will continue to increase in importance. The Frederick County School System has opened its first elementary school (Greenwood Mill Elementary) with a walk zone, and they plan to continue promotion of this type of school. Finally, with the growth potential of the Virginia Inland Port in Warren County, Frederick County can expect a continuing increase in freight movement via rail and roadways. The development of the County’s transportation infrastructure should continue to address transportation improvements that will further the economic growth of the Community. This would also include future growth of the Winchester Regional Airport. COMMUNITY BENEFITS The benefits to the Community of a healthy transportation system are immeasurable. An efficient transportation system leads to communities that are less stressed, healthier, less polluted, safer, and more attractive to economic development opportunities and new residents. A policy that creates an interconnected system of bicycle and pedestrian facilities will lead to a healthier and fitter community as well as increased home values. Removal of cars from the roadway would reduce congestion and air pollution. The mixed use land use pattern promoted by New Urbanism and the Urban Center concept of this Plan further promotes these policies. THE 2035 COMPREHENSIVE PLAN 5 TRANSPORTATION The transportation system is also a key consideration for business locations. An efficient transportation system will make the County more attractive to new businesses and will also keep existing businesses from looking to locate elsewhere. In addition, continued focus in intermodal opportunities (the transfer of goods between different transportation modes such as truck to rail or air) in the area will make the County more attractive to businesses looking to take advantage of rail sidings or locations near the airport. The County’s willingness to support both road and rail access funding has already led to increased economic development interest. The result is more jobs for County citizens as well as a more valuable and diverse tax base. As residential and commercial development continues, increasing demands will be placed upon the County’s transportation infrastructure. Challenges will continue to be placed on the County by users of Interstate 81 and commuters through the area. The role of Frederick County is to first plan the transportation system and then work with new and existing development to preserve corridor right-of- ways and implement construction needs. It is the role of the State and Federal government along with development to fund transportation improvements necessary to ensure the future health of the County’s transportation network. GOALS/STRATEGIES GOAL: TO PROMOTE THE DEVELOPMENT OF NEW ROADWAYS AND THE REDEVELOPMENT OF EXISTING ROADWAYS IN A MANNER THAT MAKES THEM OPEN, AVAILABLE, AND SAFE TO ALL MODES OF TRANSPORTATION. STRATEGIES: Match desired form of development to roadway classification to simplify the determination of which roadways receive which treatment. That is, different types of streets for different land uses. For example, while some roadways would require a separate bicycle and pedestrian trail in order to be more accessible to bicyclists and pedestrians. In rural areas a wider shoulder section may be more appropriate. Work with new development and redevelopment to implement this policy and the overall transportation plan. This may require analysis and modification of the existing subdivision ordinance. Work cooperatively with the School Board to identify school locations that meet both school and County goals of public access and safe walkability. Seek outside funding sources to fill in gaps in order to attach separate segments and create a fully interconnected system. THE 2035 COMPREHENSIVE PLAN 6 TRANSPORTATION GOAL: IMPLEMENT THE ROADWAY PRIORITIES OF THE COUNTY AS OUTLINED ANNUALLY IN THE CAPITAL IMPROVEMENT PLAN, THE INTERSTATE, PRIMARY AND SECONDARY ROAD PLANS, AND THE EASTERN ROAD PLAN, AND PARTICULARLY ROUTE 37 EAST. STRATEGIES: Work with new development and redevelopment to implement the Eastern Road Plan through construction and preservation of right-of- ways. Continue to work closely with VDOT, State and Federal representatives, and any other available revenue sources to increase transportation. In the absence of outside funding, continue to protect rights-of-way and move forward on planning transportation priorities. Coordinate with VDOT to make sure the required percentage of maintenance funds to be spent on other accommodations is used on County priorities. Maintain the character of the rural roadways in the County while addressing safety issues as they may arise. GOAL: IMPROVE UPON EXISTING TRANSPORTATION SAFETY AND SERVICE LEVELS IN THE COUNTY. STRATEGIES: Coordinate with VDOT in the scoping and review of Traffic Impact Analyses (TIA). Analyze VDOT Access Management standards and, when needed, adopt County standards that are stronger. Work with new development and redevelopment to ensure that trip generation and new movements do not degrade the transportation system, increase delays, or reduce service levels. Create an informal working group with Staff, VDOT, and law enforcement to identify and address safety concerns with coordination to be handled by Planning and Development and the Board’s Transportation Committee (TC). THE 2035 COMPREHENSIVE PLAN 7 TRANSPORTATION GOAL: FIND WAYS TO IMPLEMENT TRANSPORTATION NEEDS WHILE KEEPING THE COST OF INDUSTRIAL PROPERTY COMPETITIVE. WORK TO ENHANCE USE OF INTERMODAL FREIGHT MOVEMENT WHEREVER POSSIBLE. STRATEGIES: Coordinate with local business to maximize the use of Economic Development Road Access funding, as well as Rail Access funding. Actively work with rail carriers through the Economic Development Authority to maximize the amount of material that is shipped into and out of Frederick County via rail. Perform a study to discern where opportunities to bring air freight into the regional airport may be available. Work to encourage and maximize opportunities presented by expansion of the Virginia Inland Port and the new multimodal facility coming to Martinsburg, WV. Make use of revenue sharing funds for development of industrial property when the Board of Supervisors determines that it is in the best interest of Frederick County. Incorporate the Airport Master Plan into the County planning efforts. GOAL: IMPROVE THE BEAUTY OF TRANSPORTATION CORRIDORS AT THE COUNTY GATEWAYS AND ALONG COMMERCIAL ROADWAYS. STRATEGIES: Work with VDOT to create roadway design plans that meet standards while beautifying local gateways and commercial corridors. Through the Transportation Committee, develop a plan and actively promote corridor beautification. This should include working with local institutions to create more attractive County entrances into their facilities. GOAL: ENSURE SAFE OPERATION OF FIRE AND RESCUE VEHICLES AND SCHOOL BUSES. STRATEGIES: THE 2035 COMPREHENSIVE PLAN 8 TRANSPORTATION Investigate the existence and potential removal of barriers between neighborhoods that lead to delays in response, particularly for the Greenwood and Millwood Companies. Promote the adoption of a uniform locking technology acceptable to the Fire and Rescue Department for use on gated and locked emergency access points. Analyze driving, road, and parking standards and actively seek the Fire and Rescue Department input for driveways and roads to ensure that all approved developments are accessible by fire equipment. GOAL: PROVIDE COST-EFFECTIVE ALTERNATIVES TO AUTOMOBILE TRAVEL AS NEEDED, FOR THE ELDERLY, DISABLED, STUDENTS, AND WORK FORCE. STRATEGIES: Coordinate with existing agencies such as the Shenandoah Area Agency on Aging (SAAA) and Access Independence to secure outside funding to enhance service to the elderly and disabled in the community. Make use of the Winchester-Frederick Metropolitan Planning Organization (MPO) resources to identify areas of most critical need. Monitor existing data source updates to determine areas of growing need. THE 2035 COMPREHENSIVE PLAN 9 TRANSPORTATION STATE CODE COMPLIANCE The Code of Virginia, Section 15.2-2222.1, states specific requirements for the development of a transportation plan as it relates to comprehensive plans: B.1. As part of the Comprehensive Plan, each locality shall develop a transportation plan that designates a system of transportation infrastructure needs and recommendations that may include the designation of new and expanded transportation facilities and that support the planned development of the territory covered by the plan and shall include, as appropriate, but not be limited to, roadways, bicycle accommodations, pedestrian accommodations, railways, bridges, waterways, airports, ports, and public transportation facilities. The plan should recognize and differentiate among a hierarchy of roads such as expressways, arterials, and collectors. The Virginia Department of Transportation (VDOT) shall, upon request, provide localities with technical assistance in preparing such transportation plan. B.2. The transportation plan shall include a map that shall show road and transportation improvements, including the cost estimates of such road and transportation improvements as available from VDOT, taking into account the current and future needs of residents in the locality while considering the current and future needs of the planning district withi n which the locality is situated. This chapter addresses all of these Code of Virginia requirements, as well as new VDOT administrative requirements, and recognizes the integral link between transportation and land-use planning. New requirements are outlined below and discussed in further detail as appropriate within this chapter: This chapter has been reviewed by VDOT officials and has been determined to meet the requirements outlined in state code. PLANNING ASSUMPTIONS While many factors impact changes in transportation needs and patterns, the most significant factors impacting the transportation system in Frederick County are population and employment growth. Desired patterns for that growth and policies and strategies to support those patterns are outline earlier in this chapter of the Comprehensive Plan. As noted in the WinFred MPO 2035 Long Range Transportation Plan, population in Frederick County which was 78,305 in 2010 is expected to reach 153,945 by 2035. Employment which was 23,499 in 2010 is expected to reach 26,960 by 2035. This growth, particularly the population is expected to add significant stress to the Frederick County transportation system. NEEDS ASSESSMENT A number of factors aid in determining near and long term needs in the Cou nty. While the most key input in determining needs and impacts is the modeling processes u ndertaken through the WinFred Metropolitan Planning Organization, many factors help in determining THE 2035 COMPREHENSIVE PLAN 10 TRANSPORTATION needs such as coordination with the Virginia Department of Transportation, safety concerns, maintenance needs, citizen concerns, and economic development. Shown below are the 2035 Projected Volumes and Volume/Capacity Ratio maps from the modeling work done with the WinFred Metropolitan Planning Organization. These modeling outputs are a significant tool in determining and vetting near term as well as long range transportation needs. Some of the County’s most immediate near term needs are as follows: Route 37 Route 37 has long been the County’s top priority and this continues to be true. The completion of the Route 37 loop around the eastern portion of the County will not only relieve congestion on numerous local routes that have become congested as the County has grown, but also offers relief on I-81 by helping to remove local trips from the interstate as well as offering an additional relief valve when there are incidents that lead to I-81 delays or closures. The segment of Route 37 that is of top priority i s from I-81 exit 310 to Route 522. This segment offers important additional connectivity between I-81 and Route 522, which, in addition to significantly aiding local travel, will offer improved access to the Virginia Inland Port. This roadway is also exp ected to ease congestion on Route 277 and at Exit 313. I-81 Exit 313 Bridge The I-81 Exit 313 Bridge has been identified as in need of replacement by VDOT due to it reaching the end of the time where routine maintenance can adequately address bridge issues. I-81 Exit 317 and Redbud Road This project would realign the northbound exit ramp of I-81 onto Route 11 to the location where Redbud Road currently intersects Route 11. This would align the interstate ramps which are currently offset and allow the remov al of a signal on Route 11 north. In addition this project would realign Redbud Road to a new intersection with Snowden Bridge Boulevard. This project is expected to aid congestion and improve safety at this area of Route 11 North as well as reduce stacking of traffic at the exit ramps. Route 11 North Corridor Widening Modeling of the expected development along the Route 11 North corridor indicates a need for widening and access management to the entire corridor with the corridor to become 6 lanes to Cedar Hill Road and 4 lanes to the West Virginia State line. The most immediate need is to widen from Route 37 to Old Charlestown Road. Route 11 South Route 11 South, particularly in the vicinity of Apple Valley Road, Commonwealth Court, and the interchange with Route 37 is becoming increasingly congested as surrounding area economic development has taken place. Additional near term needs Renaissance Drive from Prosperity Drive to Shady Elm Valley Mill Road Reallignment THE 2035 COMPREHENSIVE PLAN 11 TRANSPORTATION Russell 150 Bridge over I-81 Airport Road Extension Tevis Street Extension Route 277 from Double Church Road to Warrior Drive Jubal Early Drive Extension and Interchange with Route 37 Intersection of Crestleigh and Senseny Road s Fox Drive/Route 522 Intersection Improvements Papermill Road/Route 522 Intersection Improvements Apple Valley Road/Route 11 Intersection Improvements Sulphur Springs Road Improvements THE 2035 COMPREHENSIVE PLAN 12 TRANSPORTATION THE 2035 COMPREHENSIVE PLAN 13 TRANSPORTATION THE 2035 COMPREHENSIVE PLAN 14 TRANSPORTATION RECOMENDATIONS Project recommendations are included in the Current Needs Projects maps as well as the Eastern Road Plan which shows near and long range transportation needs. Please note that while the map of existing inventory and functional classificati ons shows the entire County, the maps depicting the planned transportation improvements are zoomed in to the areas where improvements are called for to improve readability of the maps. Below please find a table of projects which are currently in the VDOT Six Year Improvement Program and that have been recently applied for through the VDOT SmartScale process. VDOT UPC Description Route Estimate Notes (Values in Thousands of Dollars) T17535 I-81 EXIT 323 NB ACCEL AND SB DECEL LANE EXTENSION 81 $3,451 Approved SmartScale Project FY17 75881 RTE 81 - INTERCHANGE MODIFICATION, EXIT 310 81 $41,558 94847 ADD THRU LANE FROM I81 TO RT37& LT TURN LANES. 11 $2,501 Approved SmartScale Project FY17 109325 ROUTE 11 S. APPLE VALLEY RD. RIGHT TURN LANE 11 $515 Approved SmartScale Project FY17 18003 RTE 277 - WIDEN TO 5 LANES FROM EXIT 310 TO DOUBLE CHURCH ROAD AND REALIGN AYLOR ROAD 277 $35,935 Approved SmartScale Project FY17 104262 AIRPORT ROAD AND WARRIOR DRIVE EXTENSION 645 $5,600 REVENUE SHARING THE 2035 COMPREHENSIVE PLAN 15 TRANSPORTATION 108672 JUBAL EARLY DRIVE EXTENSION - FREDERICK COUNTY 0 $18,660 REVENUE SHARING 101204 IMPROVE ALIGNMENT VALLEY MILL RD AT RT. 7 659 $7,200 REVENUE SHARING 109326 FOX DRIVE TURN LANES 767 $651 Approved SmartScale Project FY17 105633 SNOWDEN BRIDGE BLVD PHASE I 875 $8,137 REVENUE SHARING 107227 COVERSTONE DRIVE EXTENSION - FREDERICK COUNTY 1538 $4,000 REVENUE SHARING ROUTE 37 EXTENSION FROM TASKER ROAD TO ROUTE 522 37 $102,187 Applied SmartScale Project FY18 ROUTE 37 EXTENSION FROM TASKER ROAD TO WARRIOR DRIVE. WARRIOR DRIVE FROM EXISTING TERMINUS OF WARRIOR DRIVE TO ROUTE 37 37/1141 $49,510 Applied SmartScale Project FY18 EXIT 317 NB EXIT RAMP RELOCATION TO LOCATION WHERE REDBUD ROAD CURRRENTLY TIES INTO ROUTE 11 NORTH AND REALIGNMENT OF REDBUD ROAD TO SNOWDEN BRIDGE BLVD 81/661 $11,239 Applied SmartScale Project FY18 THE 2035 COMPREHENSIVE PLAN 16 TRANSPORTATION ROUTE 277 WIDENING FROM DOUBLE CHURCH ROAD TO WARRIOR DRIVE 277 $25,428 Applied SmartScale Project FY18 ROUTE 11 NORTH WIDENING FROM SNOWDEN BRIDGE BLVD TO OLD CHARLESTOWN ROAD 11 $28,346 Applied SmartScale Project FY18 SULPHUR SPRINGS ROAD RECONSTRUCTION AND WIDENING FROM ROUTE 50 TO THE LANDFILL 655 $2,704 Applied SmartScale Project FY18 INTERSECTION OF SENSENY ROAD AND CRESTLEIGH DRIVE- ADD TURN LANES ON SENSENY 657 $2,548 Applied SmartScale Project FY18 INTERSECTION OF 277 AND WARRIOR DRIVE, EXTEND EB RIGHT TURN LANE ON ROUTE 277 AND PEDESTRIAN SAFETY IMPROVEMENTS ALONG THE SOUTHERN PART OF WARRIOR DRIVE 277/1141 $477 Applied SmartScale Project FY18 INTERSECTION OF PAPERMILL ROAD AND ROUTE 522, EXTEND RIGHT TURN LANE ON EB PAPERMILL ROAD 644 $507 Applied SmartScale Project FY18 THE 2035 COMPREHENSIVE PLAN 17 TRANSPORTATION EXIT 313 BRIDGE REDECKING AND INTERCHANGE IMPROVEMENTS 81 MPO Applied SmartScale Project FY18 ROUTE 11 SOUTH AT THE CITY/COUNTY LINE CORRIDOR AND INTERSECTION IMPROVEMENTS IN THE VICINITY OF SHAWNEE DRIVE AND OPEQUON CHURCH LANE 11 MPO Applied SmartScale Project FY18 !( City of Winchester Town ofStephens City Round HillRural CommunityCenter 0111 0111 01522 0137 0111 01277 017 01522 01522 01522 01522 0111 0111 01522 0150 017 01522 0150 0111 0137 §¨¦81 §¨¦81 §¨¦81 §¨¦81 §¨¦81 §¨¦81 Copyright: © 2013 National Geographic Society 2035 Comprehensive Policy Plan Update MapDraft F 0 1 20.5 Miles Current Needs Projects Current Needs Projects Eastern Road Plan - Nov 2016 Improved Major Arterial Improved Major Collector Improved Minor Arterial Improved Minor Collector New Major Collector New Minor Arterial New Minor Collector Expressway Intersection Improvements !(New Exit 307 Interchange Park & Ride Commuter Lots Realignment of Redbud Rd to Snowden Bridge Blvd Realignment of I-81 Ramp to Redbud Rd Widen I-81 from Fairfax Pike to Route 37 N Widen Remainder of I-81 The Interstate 81 corridor is designatedas a corridor of statewide significance aspursuant of VA code 15.2 - 2232. City of Winchester Town ofStephens City StephensonRural CommunityCenter GainesboroRural CommunityCenter Clear Brook & BrucetownRural CommunityCenter Round HillRural CommunityCenter AlbinRural CommunityCenter ArmelRural CommunityCenter 0111 01277 0111 0111 017 01522 0137 0111 01522 0150 0150 0111 0137 §¨¦81 §¨¦81 §¨¦81 §¨¦81 §¨¦81 Copyright: © 2013 National Geographic Society 2035 Comprehensive Policy Plan Update MapDraft F 0 1 20.5 MilesThe Interstate 81 corridor is designatedas a corridor of statewide significance aspursuant of VA code 15.2 - 2232. Eastern FrederickCounty Road PlanCross Sections Future Rt 37 Bypass Sewer and Water Service AreaUrban Development Area Rural Community Center Eastern Road PlanCross Sections R4DU2U4D U6D Town ofMiddletown City of Winchester Town ofStephens City StephensonRural CommunityCenter GainesboroRural CommunityCenter Clear Brook & BrucetownRural CommunityCenter Ro und HillRu ral CommunityCenter GoreRural CommunityCenter Star TanneryRural Com munityCenter Cross JunctionRural Com munityCenter AlbinRural CommunityCenter Renol ds StoreRural Com munityCenter ShawneelandRural CommunityCenter ArmelRural CommunityCenter 01259 0155 01259 01277 0111 01127 0111 017 0150 01522 0137 0150 01522 0150 0111 0137 §¨¦81 §¨¦81 §¨¦81 §¨¦81 §¨¦66 §¨¦81 Copyright: © 2013 National Geographic Society Existing Conditions/Inventory and Functional Classifications ExpresswayInterstateMajor ArterialMinor ArterialMajor CollectorMinor CollectorLocal Rd The Interstate 81 corridor is designatedas a corridor of statewide significance aspursuant of VA code 15.2 - 2232. 2035 Comprehensive Policy Plan Update MapDraft F Sewer and Water Service AreaUrban Development Area George Washington National ForestRural Community Center Frederick County Road Plan Existing Conditions/Inventoryand Functional Classifications 0 2.5 51.25 Miles City of Winchester Town ofStephens City StephensonRural CommunityCenter GainesboroRural CommunityCenter Clear Brook & BrucetownRural CommunityCenter Round HillRural CommunityCenter AlbinRural CommunityCenter ArmelRural CommunityCenter 0111 0111 01522 0137 0111 01277 01522 01522 01522 01522 0111 01522 0150 017 0150 0111 01522 0137 §¨¦81 §¨¦81 §¨¦81 §¨¦81 §¨¦81 §¨¦81 Copyright: © 2013 National Geographic Society Eastern FrederickCounty Road Plan F 0 1 20.5 MilesThe Interstate 81 corridor is designatedas a corridor of statewide significance aspursuant of VA code 15.2 - 2232. 2035 Comprehensive Policy Plan Update MapDraft Eastern Road Plan - Nov 2016 New Major Arterial Improved Major Arterial New Minor Arterial Improved Minor Arterial New Major Collector Improved Major Collector New Minor Collector Improved Minor Collector Ramp Roundabout Trails Future Rt 37 Bypass Sewer and Water Service AreaUrban Development Area Rural Community Center I COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 MEMORANDUM TO: Frederick County Planning Commission FROM: Michael T. Ruddy, AICP, Director RE: Annual Review of the Planning Commission’s Guiding Documents – the Bylaws, and the Roles and Responsibilities DATE: November 28, 2016 The guiding documents of the Planning Commission – the Bylaws, and the Roles and Responsibilities – are reviewed each fall, revised as appropriate, and then adopted during the first meeting of the calendar year. Staff will present a brief overview of these documents during a discussion at the Planning Commission’s December 7, 2016 meeting. As we discussed briefly during your November 2, 2016 meeting, proposed revisions that have been forwarded to Staff have been incorporated into the draft. Any further revisions that result from the discussion will be incorporated into the documents and available for review. Ultimately, the updated documents will be presented at the Planning Commission’s first meeting in 2017 for adoption. Attachments Planning Commission Bylaws, revisions suggested Planning Commission Roles and Responsibilities, revisions suggested MTR/pd PLANNING COMMISSION BYLAWS County of Frederick, Virginia Proposed for consideration January 4, 2017 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. Page 2 Planning Commission Bylaws Proposed for adoption January 4, 2017 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. Page 3 Planning Commission Bylaws Proposed for adoption January 4, 2017 4-3-3 The Secretary shall: 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. Page 4 Planning Commission Bylaws Proposed for adoption January 4, 2017 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. Page 5 Planning Commission Bylaws Proposed for adoption January 4, 2017 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. Page 6 Planning Commission Bylaws Proposed for adoption January 4, 2017 8-1-6 Public Hearings. 8-1-7 Action Items. 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. Page 7 Planning Commission Bylaws Proposed for adoption January 4, 2017 8-3-4-6 Discussion by Commission. 8-3-4-7 Motion and Action by Commission. 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 table postpone agenda items 45- calendar days (less if reaching the limits of Section 165- Page 8 Planning Commission Bylaws Proposed for adoption January 4, 2017 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. C) Insufficient information has been provided for the agenda item. D) Revised proffers have been received from the applicant less than fourteen (14) 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 table 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 tabled 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 tabled 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 tabled 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 Page 9 Planning Commission Bylaws Proposed for adoption January 4, 2017 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. 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. Page 10 Planning Commission Bylaws Proposed for adoption January 4, 2017 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. FREDERICK COUNTY PLANNING COMMISSION ROLES AND RESPONSIBILITIES Proposed for consideration at the January 4, 2017 Planning Commission Meeting 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. Page 2 Planning Commission Roles and Responsibilities Proposed for consideration at the January 4, 2017 The Planning Commission may request a work session for an application which, after the first public hearing is concluded, is subsequently tabled postponed. The purpose of the work session is to discuss amongst each other and with staff details of the application, any 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 Page 3 Planning Commission Roles and Responsibilities Proposed for consideration at the January 4, 2017 amongst the number of Commissioners who are serving. Examples include PlanVirginia annual meeting, other special offerings as well as the American Planning Association’s readings and meetings. A library is maintained by the Planning office. 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.