PC 12-17-14 Meeting Agenda AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
December 17, 2014
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) Committee Reports ............................................................................................................... (no tab)
3) Citizen Comments ............................................................................................................... (no tab)
ACTION ITEM
4) Zoning District Buffer Waiver Request for Clearbook Business Center, submitted by
GreyWolfe, Inc., to request a waiver of the required Category C Zoning District Buffer between
Parcel 33-A-123 and the adjacent Vahidi property which is identified by parcel 33-A-125. The
Clearbrook Business Center property is zoned B3 (Industrial Transition) District and the adjacent
Vahidi property is zoned RA (Rural Areas) District and also contains a residential structure. The
2030 Comprehensive Plan depicts the Vahidi property with future commercial business use.
Therefore, if the Vahidi property was rezoned, consistent with the 2030 Comprehensive Plan, a
buffer would not be required between the two properties. The Clearbrook Business Center
property is located at 3625 Martinsburg Pike, Clearbrook and is within the Stonewall Magisterial
District.
Mrs. Perkins ................................................................................................................................ (A)
INFORMATION/DISCUSSION ITEMS
5) CPPA #01-14, Blain Properties Sewer and Water Service Area (SWSA) Inclusion; Parcels
33-A-113 and 33-A-124. A change to the SWSA boundary to include approximately 433
additional acres in the vicinity of the Blain properties to the SWSA. The additional properties
include parcels; 33-A-78A, 33-A-114B, 33-A-114C, 33-A-77B, 33-A-123A, and 33-A-123B.
This property is currently designated with a commercial and industrial land use. The properties
are generally south of Cedar Hill Road, Route 671, north of Hopewell Road, Route 672, and west
of Interstate 81, and are located in the Stonewall Magisterial District.
Mr. Ruddy....................................................................................................................................... (B)
6) Annual Review of the Planning Commission Bylaws and Rules and Regulations.
Mr. Lawrence ................................................................................................................................ (C)
7) 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
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: Candice E. Perkins, AICP, Senior Planner
SUBJECT: Public Meeting – Request to Waive a Category C Zoning District Buffer
DATE: November 25, 2014
Staff has received a request from GreyWolfe, Inc. on behalf of R & J Land Development, LLC to
waive a Category C Zoning District buffer between their property (Clearbrook Business Center
Parcel 33-A-123) and the adjacent parcel owned by Mohebatullah Vahidi (Parcel 33-A-125). The
Clearbrook Business Center site is located at 3625 Martinsburg Pike, on the west side of Route 11,
approximately 2,000’ north of Hopewell Road (Route 672). The Master Development Plan for this
property was reviewed by the Planning Commission on June 18, 2014 and the Board of Supervisors
on July 9, 20104. The MDP was administratively approved on August 25, 2014.
The Clearbrook Business Center property is zoned B3 (Industrial Transition) District and the
adjacent Vahidi property is zoned RA (Rural Areas) District and also contains a residential structure.
Because the Vahidi property contains a residential structure, a Category C buffer (100’ distance
with full screen landscaping) is required on the Clearbrook Business Center property. The 2030
Comprehensive Plan depicts the Vahidi property with future commercial business use. Therefore if
the Vahidi property was rezoned, consistent with the 2030 Comprehensive Plan, a buffer would not
be required between the two properties.
The Zoning Ordinance allows the Board of Supervisors to waive or modify a required zoning district
buffer between land being developed in the B1, B2, B3, OM, M1 or M2 Zoning Districts that is
adjacent to land primarily used for residential purposes in the RA Rural Areas Zoning District
provided that:
(a) The adjoining land is designated in the adopted Comprehensive Plan for a
use which would not require a buffer between the land under site plan and
the adjoining property.
(b) The owner of the adjoining RA zoned property provides written and notarized
consent to the waiver of the required buffer.
This waiver request meets the criteria set forth in the Zoning Ordinance. Staff is seeking a
recommendation from the Planning Commission to the Board of Supervisors on this requested
waiver. Please contact me if you have any questions.
Attachments: 1. Request Letter from the Applicant.
2. Approval from Mr. Vahidi to waive the buffer.
3. MDP for Clearbrook Business Center.
CEP/pd
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33B 1 51 33B 1 5433B 1 5533B 1 57 33B A 4
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33 A 12333 A123B
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33 A 132
33 A123A 33 A125A
33 A 13133 A125B
33 A 124
33 A 126
33 A 129
33 A112F
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33 A125C
33 A125E
33 A125D
33 A 128
33 A 127
Applications
Parcels
Building FootprintsB1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)EM (Extractive Manufacturing District)HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
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Note:Frederick County Dept ofPlanning & Development
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MDP # 04 - 14Clearbrook Business CenterPINs:33 - A - 122A, 33 - A - 123
MDP # 04 - 14Clearbrook Business CenterPINs:33 - A - 122A, 33 - A - 123
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B
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: Planning Commission
FROM: Michael T. Ruddy, AICP
Deputy Director
RE: Planning Commission Discussion - 2014 Comprehensive Policy
Plan Amendments (CPPA).
CPPA #01-14, Blain Properties Sewer and Water Service Area
(SWSA) Inclusion; Parcels 33-A-113 and 33-A-124.
Amendment to also include parcels 33-A-78A, 33-A-114B, 33-A-
114C, 33-A-77B, 33-A-123A, and 33-A- 123B.
DATE: November 24, 2014
Proposed amendment.
As a result of this year’s CPPA application, CPPA #01-14, Blain Properties Sewer and
Water Service Area (SWSA) Inclusion; Parcels 33-A-113 and 33-A-124,
the following
amendment is proposed to the Sewer and Water Service Area.
A change to the SWSA boundary to include approximately 433 additional acres in
the vicinity of the Blain properties to the SWSA. The additional properties
include parcels; 33-A-78A, 33-A-114B, 33-A-114C, 33-A-77B, 33-A-123A, and
33-A- 123B.
This is a draft amendment to the 2030 Comprehensive Plan, Appendix I - Area Plans,
The Northeast Frederick Land Use Plan. The properties are currently designated with a
commercial and industrial land use. The SWSA is currently located only in the southern
portion of this area, adjacent to the Interstate interchange.
The Board of Supervisors, following the Board and Commission’s discussion at an earlier
August work session, directed the Blain request through the public planning and review
process with additional study. Staff is seeking input from the Planning Commission on
the proposed amendment at this time. Any input received during the discussion will
be incorporated into the amendment and forwarded to the Board.
Planning Commission Discussion
RE: CPPA #01-14; Blain Properties SWSA Inclusion
November 24, 2014
Page 2
Attached you will find a map indicating the proposed modification of the SWSA which
results in approximately 433 additional acres being included in the SWSA. The properties
are generally south of Cedar Hill Road, Route 671, north of Hopewell Road, Route 672,
and west of Interstate 81, and are located in the Stonewall District. In addition, locator
maps and the application have been included. As noted, additional properties have been
identified in the map for inclusion in the SWSA. These additional properties were
identified through the CPPC, PC, and BOS discussions
Background.
The Planning Department received one Comprehensive Policy Plan Amendment (CPPA)
request by this year’s June 1, 2014 deadline.
CPPA #01-14, Blain Properties Sewer and Water Service Area (SWSA)
Inclusion; Parcels 33-A-113 and 33-A-124. A 97.55 acre change to the
boundary of the Sewer and Water Service Area (SWSA) to include the above
parcels.
The Board of Supervisors held a joint work session with the Planning Commission to
discuss the Comprehensive Policy Plan Amendment application. Following the Board
and Commission’s discussion, the Board directed the Blain request through the public
planning and review process with additional study.
The Comprehensive Plans and Programs Committee initially reviewed this request at
their June 9, 2014 meeting. The CPPC felt that this application warranted further study
and recommended that the proposed SWSA boundary take into consideration all
properties in this location that have a commercial or industrial future land use
designation.
The applicant stated that the desire of his client was to set up the property for future
development, either by himself or in conjunction with a developer. The Frederick County
Sanitation Authority (FCSA) had provided input on this and two other properties in the
area and had expressed concerns regarding the service of this property. The Applicant
recognized that a pump station and water and sewer lines were recently installed on the
west side of Interstate 81 with the development of the adjacent church property. The
CPPC members discussed that the SWSA line was an indication of intent for future
development. However, changing the SWSA would not guarantee the approval of a
rezoning in the future. Transportation in the area would be a big consideration in future
land use decisions. The CPPC members expressed that it would be wise to include all the
property in the quadrant in the SWSA modification request and to clean up the lines
consistent with property lines.
Planning Commission Discussion
RE: CPPA #01-14; Blain Properties SWSA Inclusion
November 24, 2014
Page 3
The Comprehensive Plans and Programs Committee endorsed this request at their
November 10, 2014 meeting. The CPPC recommended that the road alignment and land
use areas be modified slightly to ensure that the road was in a logical location consistent
with the property line and existing road and that the areas of land use were complete
within the SWSA, with no empty spaces and utilizing the future road as a logical
boundary between the industrial and commercial future land uses. The map has been
updated to reflect this. In addition, the CPPC expressed that it would be helpful to include
language to this effect in the amended land use plan.
Suggested language:
The area of land use northwest of Exit 321, Interstate 81, Hopewell Road, and
south of Cedar Hill Road is commercial and industrial in character. In general,
the north–south major collector road that has been identified and is necessary to
support this area of land use serves as a boundary between the commercial and
industrial land uses. Flexibility should be offered in the final balance and location
of land uses. Future applications for rezoning in this area shall adequately
address any potential impacts to public facilities, in particular transportation,
and shall implement any necessary transportation improvements.
Please feel free to contact me if you have any questions.
MTR/pd
Attachments
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Proposed SWSA
ApplicationsParcelsEastern Road Plan
New Major Arterial
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Improved Minor Arterial
New Major Collector
Improved Major Collector
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Ramp
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Long Range Land UseRural Community Center
BusinessMixed-UseMixed Use Commercial \ Office
Highway CommercialwwwwwwwwwwwwWarehouseIndustrial
Heavy IndustrialMixed Use Industrial \ OfficeExtractive Mining
ResidentialPlanned Unit DevelopmentMixed Use Age Restricted
Urban CenterNeighborhood Village
RecreationCommercial RecreationOpen Space
Natural Resources & RecreationParkHistoric \ DSA
Fire & RescueInstitutionalSchool
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: November 3, 2014Staff: mruddy
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CPPA #01-14 Blain PropertiesDraft SWSA AmendmentPINs: 33 - A - 113, 33 - A - 124
CPPA Blain PropertiesPINs: 33 - A - 113, 33 - A - 124Draft SWSA AmendmentIncluding PINs: 33-A-114C,33-A-123A, and a portion of 33-A-78A
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SWSA Change in Acreage:433.50 acres
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Including PINs: 33-A-114C,33-A-123A, and a portion of 33-A-78A
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CPPA011433 A 113
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Proposed SWSAApplicationsParcelsEastern Road Plan
New Major Arterial
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Improved Minor Arterial
New Major Collector
Improved Major Collector
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Improved Minor Collector
Ramp
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Long Range Land UseRural Community Center
BusinessMixed-UseMixed Use Commercial \ Office
Highway CommercialwwwwwwwwwwwwWarehouseIndustrial
Heavy IndustrialMixed Use Industrial \ OfficeExtractive Mining
ResidentialPlanned Unit DevelopmentMixed Use Age Restricted
Urban CenterNeighborhood Village
RecreationCommercial RecreationOpen Space
Natural Resources & RecreationParkHistoric \ DSA
Fire & RescueInstitutionalSchool
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: November 3, 2014Staff: mruddy
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CPPA #01-14 Blain PropertiesDraft SWSA AmendmentPINs: 33 - A - 113, 33 - A - 124
CPPA Blain PropertiesPINs: 33 - A - 113, 33 - A - 124Draft SWSA AmendmentIncluding PINs: 33-A-114C and a portion of 33-A-78A
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SWSA Change in Acreage:433.50 acres
33 A 78A
Including PINs: 33-A-114C,33-A-123, and a portion of 33-A-78A
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Applications
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Catagory
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Improved Major Collector
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Improved Minor Collector
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Long Range Land Use
Rural Community Center
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Mixed Use Commercial \ Office
Highway Commercial
Warehouse
Industrial
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Extractive Mining
Residential
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Mixed Use Age Restricted
Urban Center
Neighborhood Village
Recreation
Commercial Recreation
Open Space
Natural Resources & Recreation
Park
Historic \ DSA
Fire & Rescue
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School
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: May 21, 2014Staff: mruddy
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CPPA Blain Properties33 - A - 113, 33 - A - 124Include Property into SWSA
CPPA Blain Properties33 - A - 113, 33 - A - 124Include Property into SWSA
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B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: May 21, 2014Staff: mruddy
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
Eric R. Lawrence, AICP
Director
107 North Kent Street Winchester, Virginia 22601-5000
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Eric R. Lawrence, AICP, Planning Director
SUBJECT: Annual Review of the Planning Commission’s Guiding Documents – the
Bylaws, and the Roles and Responsibilities
DATE: November 24, 2014
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 and suggested revisions during a discussion at the Planning Commission’s
December 17, 2014 meeting. Any revisions that result from the discussion will be
incorporated into the documents for consideration during the Planning Commission’s
first meeting in 2015.
Staff will also discuss a potential revision to the agenda publishing timeline for Planning
Commission meetings.
Attachments
Planning Commission Bylaws, with suggested revisions
Planning Commission Roles and Responsibilities, no revisions suggested
ERL/pd
PLANNING COMMISSION BYLAWS
County of Frederick, Virginia
Proposed for discussion
at the December 17, 2014 Planning Commission Meeting
ARTICLE I - AUTHORIZATION
1-1 The Frederick County Planning Commission is established by and in conformance with
Chapter 21 of the Code of Frederick County, and in accord with the provisions of Section
15.2-2210 of the Code of Virginia (1950), as amended.
1-2 The official title of this body shall be the Frederick County Planning Commission,
hereinafter referred to as the "Commission".
ARTICLE II - PURPOSE
2-1 The primary purpose of the Commission is to advise the Frederick County Board of
Supervisors and to carry out all duties and functions described by the Code of Virginia, as
amended.
ARTICLE III - MEMBERSHIP
3-1 The membership of the Commission shall be determined by the Frederick County Board
of Supervisors as specified in Chapter 21 of the Code of Frederick County. Methods of
appointment and terms of office shall be determined by Chapter 21 of the Code of
Frederick County.
3-2 Within the first month of initial appointment, new Commissioner appointees shall: 1)
participate in an orientation to familiarize themselves with the operations of the
Department and the Commission, and 2) meet with planning staff representatives in an
effort to review and better understand specific agenda items by no later than their second
Planning Commission meeting.
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Planning Commission Bylaws
Proposed for discussion on December 17, 2014
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
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Planning Commission Bylaws
Proposed for discussion on December 17, 2014
assigned by the Board of Supervisors and the Commission Chairman.
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.
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Planning Commission Bylaws
Proposed for discussion on December 17, 2014
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 Members of the committees may be Commission members, employees of the County, or
citizen volunteers.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 that
committee.
5-8 The committees may establish standing subcommittees whose activities will be a specific
responsibility of the parent committee. One executive committee member will serve as
liaison to the standing subcommittee and will assist staff in managing its activities.
Membership will be comprised of past Commission members and citizens. Membership
will be appointed by the chairman of the Committee with concurrence by the
Commission Chairman.
5-9 The committees may establish working groups to assist in specific, carefully-defined tasks
for a limited period of time. Important considerations for membership on the working
group are skills and experience necessary to assist in providing acceptable solutions.
Membership will be appointed by the Chairman of the Committee with concurrence by
the Commission Chairman.
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Planning Commission Bylaws
Proposed for discussion on December 17, 2014
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 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.
6-5 Work sessions shall be held at the adjournment of regular meetings or at the time and
place set by the Commission and/or the Board of Supervisors.
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.
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Planning Commission Bylaws
Proposed for discussion on December 17, 2014
8-1-4 Committee Reports.
8-1-5 Citizen Comments on Items not on the Agenda.
8-1-6 Public Hearings.
8-1-7 Action Items.
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.
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Planning Commission Bylaws
Proposed for discussion on December 17, 2014
8-3-4-3 Citizen Comment.
8-3-4-4 Applicant Response.
8-3-4-5 Staff Summary.
8-3-4-6 Discussion by Commission.
8-3-4-7 Motion and Action by Commission.
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 Commision, 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 at the date of the first completed
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Planning Commission Bylaws
Proposed for discussion on December 17, 2014
public hearing 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 agenda items
45-days (less if reaching the limits of Section 165-102.03) for any one of
the following:
A) The agenda item does not meet the requirements of the Code of
Virginia, 1950, as amended.
B) The agenda item does not meet the requirements of the Code of
Frederick County.
C) Insufficient information has been provided for the agenda item.
D) Revised proffers have been received from the applicant less than
twenty-one (21) 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 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
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 for
more than 12 months from the time the complete application was received
by the Zoning Administrator or applicable staff.
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Planning Commission Bylaws
Proposed for discussion on December 17, 2014
8-3-9-3 An application that has been tabled for an unspecified period of time shall
be re-advertised for consideration by the Planning Commission once the
following steps have been completed:
A) The applicant has requested in writing that the agenda item be
considered by the Planning Commission.
B) The applicant has provided all required information to the
Frederick County Planning Department which addresses all
concerns of the Planning Commission.
8-3-10 Work sessions
8-3-10-1 The Commission may hold work sessions at which the procedural rules of
these bylaws shall not apply.
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.
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.
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Planning Commission Bylaws
Proposed for discussion on December 17, 2014
ARTICLE IX - AMENDMENTS
9-1 These bylaws may be amended by a majority vote of the entire voting
membership after thirty days prior notice at any time during the calendar year.
9-2 The Planning Commission shall conduct an annual review of these bylaws in
November of 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 discussion
at the December 17, 2014 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.
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Planning Commission Roles and Responsibilities
Proposed for discussion at the December 17, 2014 Planning Commission meeting
The Planning Commission may request a work session for an application which, after the
first public hearing is concluded, is subsequently tabled. 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
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Planning Commission Roles and Responsibilities
Proposed for discussion at the December 17, 2014 Planning Commission meeting
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.