PC 11-04-15 Meeting Agenda AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
November 4, 2015
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 7, 2015 Minutes................................................................................................. (A)
3) Committee Reports .................................................................................................. (no tab)
4) Citizen Comments .................................................................................................... (no tab)
PUBLIC HEARING
5) Rezoning #06-15 OPEQUON CROSSING submitted by Pennoni Associates, to revise
proffers associated with Rezoning #04-07 and Rezoning #12-07. This revision relates
specifically to the monetary transportation credits. The properties are located south of the
existing terminus of Eddys Lane (Route 820) approximately south of Route 7 and
adjacent to Opequon Creek. The properties are identified with Property Identification
Numbers 55-A-210, 55-A-212 and 55-A-212A in the Redbud Magisterial District.
Mr. Bishop ...................................................................................................................... (B)
INFORMATION/DISCUSSION ITEMS
6) Subdivision Request #07-15 for Regents Crest, submitted by Painter-Lewis, P.L.C., is
requesting 42 townhouses and 24 single family small lots. The property is located on
North Frederick Pike (Route 522 North), approximately 450 feet south of Oakside Lane,
in the Sunnyside neighborhood. The properties are identified with Property Identification
Numbers 53-6-1-1, 53-6-1-2, 53-6-1-3, 53-6-1-4, 53-6-1-5, 53-6-1-6, 53-6-1-7, 53-6-1-8,
53-6-1-9, 53-6-1-10, 53-6-1-11, 53-6-1-12, 53-6-1-13, 53-6-1-14, 53-6-1-15, 53-6-1-16,
53-6-1-17, 53-6-1-18, 53-6-1-19, 53-6-1-20, 53-6-1-21, 53-6-1-22, 53-6-1-25, 53-6-1-26,
53-6-1-27, 53-6-1-28, and 53-6-1-28C in the Stonewall Magisterial District. Please note
this item is presented for information purposes only.
Mr. Cheran ........................................................................................................................ (C)
7) Annual Review of the Planning Commission Bylaws and the Roles and
Responsibilities.
Mr. Lawrence ................................................................................................................. (D)
8) 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 3260
Minutes of October 7, 2015
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 7, 2015
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; J.
Stanley Crockett, Stonewall District; Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro
District; Lawrence R. Ambrogi, Shawnee District; Greg L. Unger, Back Creek District; J. Rhodes
Marston, Back Creek District; Christopher M. Mohn, Red Bud District; Roderick B. Williams, County
Attorney; Robert Hess, Board of Supervisors Liaison.
ABSENT: H. Paige Manuel, Shawnee District; Charles F. Dunlap, Red Bud District;
STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Director; John A.
Bishop, Deputy Director Transportation; and Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the October 7, 2015 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.
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ADOPTION OF AGENDA
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the
Planning Commission unanimously adopted the revised agenda for this evening’s meeting.
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MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Molden, the
Planning Commission adopted the minutes of their September 16, 2015 meeting.
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Frederick County Planning Commission Page 3261
Minutes of October 7, 2015
COMMITTEE REPORTS
Transportation Committee – Mtg. 9/28/15
Commissioner Oates reported discussion was held on the Valley Pike/Shawnee Drive
Intersection Improvement Study with three different possibilities presented. He noted the committee
recommends the same as the MPO has recommended. Mr. Oates also reported an update was given on
House Bill 2.
City of Winchester Planning Commission – Mtg. 10/6/15
Commissioner Shickle reported a work session was held to discuss the Corridor
Enhancement Districts and the prioritization of these Districts. Ms. Shickle noted they have canceled the
October 2015 meeting.
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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.
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PUBLIC HEARING
Rezoning #05-15 Hiatt Run Condos, LLC submitted by GreyWolfe, Inc., to rezone 3.00 acres from
the RA (Rural Areas) District to the RP (Residential Performance) District with proffers. This
property is located eastern side of Martinsburg Pike (Route 11) just before Old Charlestown Road
(Route 761). The property is identified with Property Identification Number 44-A-17 in the
Stonewall Magisterial District.
Action – Recommend Approval
Commissioner Oates would abstain from all discussion on this item for a possible conflict
of interest.
Deputy Director, Michael T. Ruddy reported this request is to rezone 3.00 acres from RA
(Rural Areas) District to RP (Residential Performance) District with proffers. Mr. Ruddy explained the
three acre portion of the property was recently incorporated into an adjacent property, that property
contains the Hiatt Run Condominiums Project which was presented to the PC recently (August 19, 2015)
and the MDP was administratively approved, as well as being reviewed by the Board of Supervisors.
Mr. Ruddy continued, the Applicant has made proffer commitments with the most
significant addressing the residential uses and there not being any additional residential uses on the
Frederick County Planning Commission Page 3262
Minutes of October 7, 2015
property. Mr. Ruddy continued, as highlighted on the GDP (Generalized Development Plan) there is a
trail that has been proffered with this rezoning request. The trail is in addition to the recreational
amenities associated with the Hiatt Run project and it also connects into the adjacent McCann-Slaughter
project. Mr. Ruddy noted this is one of the key proffers.
Mr. Ruddy reported no additional residential density may be gained with the rezoning of
this property. He noted there will not be any additional residential buildings constructed on the three
acres subject to this rezoning request and all RP (Residential Performance) uses are excluded except:
community center; manager’s office; parking; garages; open space; and recreational amenities. Mr.
Ruddy explained there are no anticipated impacts associated with this request.
Mr. Timothy Stowe of Stowe Engineering PLC, representing the Applicant came forward
to answer any questions and address any concerns. There were no questions or comments at this time.
Chairman Wilmot opened the public hearing to citizen comments. No one came forward
to speak and Chairman Wilmot closed the public comment portion of the hearing.
Upon motion made by Commissioner Crockett and seconded by Commissioner Triplett,
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously
recommend approval of Rezoning #05-15 Hiatt Run Condos, LLC, to rezone 3.00 acres from the RA
(Rural Areas) District to the RP (Residential Performance) District with proffers. This property is located
on the eastern side of Martinsburg Pike (Route 11) just before Old Charlestown Road (Route 761). The
property is identified with Property Identification Number 44-A-17 in the Stonewall Magisterial District.
(Note: Commissioners Manuel and Dunlap were absent from the meeting.)
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INFORMATION/ DISCUSSION ITEM
2035 Comprehensive Plan Appendix II Review
Deputy Director, Michael T. Ruddy reported over the past several months the
Comprehensive Plans and Programs Committee (CPPC) has reviewed and updated Appendix II –
Background Analysis and Supporting Studies. Mr. Ruddy explained the draft of Appendix II represents
Phase 1 of the update and includes the following:
Demographic Analysis (completed in July)
Economic Analysis (completed in August)
Land Use Analysis; including SWSA needs analysis with FCSA
strategies, and C&I analysis of the 25/75 Ratio throughout the County
(completed in September)
Mr. Ruddy noted, when compiled with the Geographical Background and Historical
Background components, which have not changed, this constitutes a draft version of Appendix II;
Background Analysis and Supporting Studies. Mr. Ruddy explained the growth rate in Frederick County
is expected to continuously climb and is estimated to be one of the faster growing communities in the
Commonwealth of Virginia. The Weldon Cooper Center for Public Service population projections for
2020, 2030, and 2040 indicate this trend by projecting the population of Frederick County to be 97,192;
Frederick County Planning Commission Page 3263
Minutes of October 7, 2015
119,419; 145,938 in the respective years. Mr. Ruddy noted the projections from the Weldon Cooper
Center are consistent with the Comprehensive Plan. Mr. Ruddy presented a population pyramid
clarifying the color blue for the male population and the color orange for female. He noted the pyramid is
relatively balanced in population.
Mr. Ruddy reported the Land Use Analysis included the Planning Area Analysis and a
review of the UDA (Urban Development Area) Report. Combining these together provides an
understanding of the current make-up of the County in terms of zoning, land use, and residential
development. Mr. Ruddy explained the Land Use Analysis helps to understand the future development of
the County and the demands associated with the growth and development. Mr. Ruddy noted the Planning
Area Analysis has been revised since the 2030 Comprehensive Plan to reflect improvements made. As a
result of this effort, all of the County’s Urban Areas are now included in the Planning Area Analysis.
Mr. Ruddy commented GIS Technician, Kristen Twardon has done an outstanding job
with the maps included in the agenda. Mr. Ruddy presented the extensive detailed mapping made
available. Commissioner Oates commended the Planning Department for the maps provided and the
breakdown of all the information on the maps. Mr. Oates feels this is a huge contribution to the
Comprehensive Plan. He commented the effort put forth in providing such detailed maps is greatly
appreciated.
Mr. Ruddy concluded Phase I is complete and the Comprehensive Plans and Programs
Committee will be working with a group of individuals to look at the key chapters of the Comprehensive
Plan for the next Phase.
Commissioner Oates commented regarding the additional homes that we would need to
accommodate for the 2040 growth. He noted most will come from the RA (Rural Area) District and to
keep this in mind when reviewing residential rezonings as to not get carried away. Commissioner
Thomas noted the Planning Commission needs to be careful regarding rezonings and the impacts
associated with transportation services, community services, water, electricity, and schools. He noted the
anticipated growth will be a significant impact on schools. In closing he commented the Planning
Commission should be very judicious in the requirements for development. Commissioner Oates stated
with the detailed mapping provided the utility providers can now see where the anticipated growth may
be.
There were no further questions of comments from the Planning Commission at this time.
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OTHER
Planning Director, Eric R. Lawrence reported in December 2013 the Board of
Supervisors took on an initiative called the Business Friendly Study Initiative. He explained some of the
discussion that came from the study was to: look at the development impact models; look at ways to
recognize impacts in the community; recognize the economy at the time; adopt policy to get us to that
point. From this study the Transportation Improvement Credits was adopted by the Board of Supervisors.
Mr. Lawrence explained the premise behind this credit is to recognize projects in the community such as a
rezoning; when they come thru the developer proffers to not only mitigate the transportation impacts the
project is generating but also steps forward to do other transportation improvements. The idea behind the
credit is to recognize this and give the developer credit for the additional values. Mr. Lawrence continued
Frederick County Planning Commission Page 3264
Minutes of October 7, 2015
to date we have not received an application that has requested to use the Transportation Improvement
Credits. He noted there are rezonings coming forward wishing to utilize these credits. Mr. Lawrence
reported at the time of adoption the Board of Supervisors put a two year time frame on this.
Commissioner Thomas requested clarification on the wording regarding the time frame
allowed for the credits. Mr. Lawrence responded the intent is to give the development community two
years from approval by the Board of Supervisors to utilize the credit.
Commissioner Oates commented this could be confusing and suggested any application
that comes forward be addressed by John Bishop for review and agreement on dollar amount.
There were no further comments or questions at this time.
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner Thomas to
adjourn the meeting. This motion was seconded by Commissioner Oates and unanimously passed. The
meeting adjourned at 7:45 p.m.
Respectfully submitted,
____________________________
June M. Wilmot, Chairman
____________________________
Eric R. Lawrence, Secretary
B
REZONING APPLICATION #06-15
OPEQUON CROSSING
Staff Report for the Planning Commission
Prepared: October 23, 2015
Staff Contacts: John Bishop, AICP, Deputy Director - Transportation
Reviewed Action
Planning Commission: 11/04/15 Pending
Board of Supervisors: 12/09/15 Pending
PROPOSAL: To modify proffers on 177.71 acres consisting of two developments previously
known as the Haggerty Rezoning and the Opequon Crossing rezoning, now collectively known as
Opequon Crossing. The proffer revision seeks to implement policy enabling credits for proffered
transportation improvements.
LOCATION: The site is located south of the existing terminus of Eddys Lane (Route 820) and
South of Route 7 adjacent to Opequon Creek and the Opequon Water Reclamation Facility.
EXECUTIVE SUMMARY FOR THE 11/04/2015 PLANNING COMMISSION MEETING:
The Opequon Crossing proffer modification request is seeking to establish credit values reflective
of the extensive transportation improvements previously proffered with the Haggerty property
(Rezoning #14-05, and its revision #04-07) and the Opequon Crossing (Rezoning #12-07) rezoning
applications. In 2014, the Board of Supervisors adopted policy to allow for the value of proffered
transportation improvements that are over and above what is needed to mitigate the impacts of the
development to be taken as a credit against the projected capital facility impacts for the
development. This proffer revision is the first application to seek to utilize this transportation
credit.
Staff has reviewed the credit proposal submitted by the applicant and attached to this package and
believes the values claimed are reasonable. If the credits are applied as presented, the applicant has
submitted a proffer revision which provides for capital facility impact mitigation contributions of
$16,031 for each Single Family Detached unit, and contributions of $10,032 for each Single Family
Attached unit.
Staff recommends that the Planning Commission fully understand the transportation credits, and
agree on the valuations, prior to forwarding a recommendation to the Board of Supervisors on this
proffer revision application.
Following the required public hearing, 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 #06-15 Opequon Crossing
October 23, 2015
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: 11/04/15 Pending
Board of Supervisors: 12/09/15 Pending
PROPOSAL: To modify proffers on 177.71 acres consisting of two developments previously
known as the Haggerty Rezoning and the Opequon Crossing rezoning, now collectively known as
Opequon Crossing.
LOCATION: The site is located south of the existing terminus of Eddys Lane (Route 820) and
South of Route 7 adjacent to Opequon Creek and the Opequon Water Reclamation Facility.
MAGISTERIAL DISTRICT: Redbud
PROPERTY ID NUMBER(S): 55-A-210, 212, and 212A
PROPERTY ZONING: B1 (Neighborhood Business) District, RP (Residential Performance)
District
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential/Agricultural
South: RA (Rural Areas) Use: Residential/Agricultural
East: FWSA/Clarke County Use: Agricultural/Government
West: RP (Residential Performance) Use: Residential
PROPOSED USES: Mixed residential uses with a small commercial component.
REVIEW EVALUATIONS:
Virginia Department of Transportation: Please see attached e-mail from Lloyd Ingram dated
July 31, 2015.
Frederick County Attorney: Please see attached letter from Rod Williams dated August 17, 2015.
Planning & Zoning:
1) Site History This area was designated as RA (Rural Areas) District upon adoption of an
amendment to the Frederick County Zoning Ordinance on May 10, 1989. The Haggerty
Rezoning #06-15 Opequon Crossing
October 23, 2015
Page 3
portion of this rezoning was rezoned to RP (Residential Performance) as part of Rezoning
#14-04 on January 19, 2005 and subsequently had proffer modifications on July 25, 2007,
and November 18, 2009. The B1 (Neighborhood Business) commercial component was
added in the November 2009 modification. The Opequon Crossing property was rezoned to
RP (Residential Performance) in 2009 as part of Rezoning #12-07.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy 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. [Comprehensive Policy Plan, p. 1-1]
Land Use
The parcels comprising this rezoning application are located within the County’s Urban
Development Area (UDA) and Sewer and Water Service Area (SWSA). The UDA defines
the general area in which more intensive forms of residential development will occur. In
addition, the Opequon Crossing property is located within the Senseny/Eastern Frederick
Urban Area Plan. This land use plan calls for the property under consideration to be
residential in nature.
Transportation
The Frederick County Eastern Road Plan provides the guidance regarding future arterial and
collector road connections in the eastern portion of the County by identifying needed
connections and locations. Plans for new development should provide for the right-of-ways
necessary to implement planned road improvements and new roads shown on the road plan
should be constructed by the developer when warranted by the scale, intensity, or impacts of
the development. Existing roads should be improved as necessary by adjacent development
to implement the intentions of the plan. This property is significantly impacted by the
Route 37 corridor as acknowledged in previous versions of this rezoning.
3) Potential Impacts
Fiscal Impacts
The fiscal impact of the current proposed modification is limited to the amount of the credits
being requested by the applicant which total $2,094,423.00. Staff addresses these credits
directly in the staff conclusions summary.
4) Proffer Statement – Dated October 20, 2015
The Opequon Crossing proffer modification request is seeking proffer credit for regional
Rezoning #06-15 Opequon Crossing
October 23, 2015
Page 4
transportation improvements per the Board of Supervisors action of January 8, 2014 which
allows for the value of proffered transportation improvements that are over and above what
is needed to mitigate the impacts of the development to be taken as a credit against the
monetary proffers for the development.
The applicant is seeking credits in the following amounts:
1. Route 37 Right-of-way $600,000.00
2. Haggerty Blvd location to suit future Rt. 37 on/off ramps $687,090.00
3. Route 7 Eastbound Left Turn Lane $ 50,266.80
4. New Route 7 Pavement $308,806.32
Demolition of Existing Route 7 Pavement $ 56,908.80
5. Maintenance of Traffic $250,000.00
6. Relocation of force mains $121,352.00
Total Transportation Credit Value $2,094,423.00
Per Unit Value (based upon 574 dwelling units) $ 3,648.00
Additional proffer modifications are as follows:
1. Reduction of maximum dwelling units from the currently approved 625 to 574. A
reduction of 51 units. All reduced units are single family attached.
2. Removal of the right-of-way dedication of the east-west collector road previously
planned to go to Valley Mill Road.
3. Removal of section of Haggerty Blvd extending south to the property line within the
Route 37 right-of-way area.
4. Addition of the ability to use Transfer of Development Rights as an option to the
monetary proffers.
SUMMARY FOR THE 11/04/15 PLANNING COMMISSION MEETING:
For a starting point the developments, which were approved under different versions of the
Development Impact Model (DIM) would need to be updated to the current proffer model. Existing
proffer amounts for the Haggerty portion of this rezoning is $10,211.00 for detached residential and
$8,051.00 for attached residential. Existing proffer amounts for the original Opequon Crossing
rezoning are $26,664.00 for detached residential and $18,441.00 for attached residential. The
current Development Impact Model (DIM) projects capital facility impacts of $19,583.00 for
detached residential and $13,437.00 for attached residential. This is the amount that would be
applied as a starting point, before credits, for the entire development.
Regarding the credits themselves:
1. Route 37 Right-of-way and Road Efficiency buffer $600,000.00
The applicant has applied the potential development of by right lot values for the underlying
RA values from before the property was rezoned to RP. Th is appears to be a reasonable
valuation.
Rezoning #06-15 Opequon Crossing
October 23, 2015
Page 5
2. Cut/fill Haggerty Blvd alignment with future Route 37 Interchange $687,090.00
The applicant has outlined the difference in cut and fill requirements for Haggerty Blvd
itself, based upon the requirement to Route 7 across from the future Route 37 interchange as
opposed to the ‘path of least resistance’.
3. Eastbound Route 7 Left Turn Lane $ 50,266.80
This turn lane is for eastbound traffic wishing to enter future Route 37.
4. New Route 7 Pavement $328,806.32
Demolition of Existing Route 7 Pavement $ 56,908.80
This item is related to item 2. If Haggerty were brought to a different location instead of the
future Route 37 interchange, the overlay required on Route 7 would be significantly less.
5. Maintenance of Traffic $250,000.00
Also related to items 2 and 4, the location of Haggerty at Route 37 requires significantly
more work to Route 7, which leads to additional maintenance of traffic costs during
construction.
6. Relocation of Existing Force Mains $121,352.00
Related to items 2, 4 and 5. The additional cuts required to place Haggerty at the Route 37
interchange triggers relocation of existing force mains.
Regarding the additional proffer modifications.
1. Reduction of maximum dwelling units.
Staff has no concerns.
2. Removal of the right-of-way dedication of the east-west collector road.
Staff has no concerns.
In summary, The Opequon Crossing proffer modification request is seeking to establish credit
values reflective of the extensive transportation improvements previously proffered with the
Haggerty property (Rezoning #14-05, and its revision #04-07) and the Opequon Crossing
(Rezoning #12-07) rezoning applications. In 2014, the Board of Supervisors adopted policy to
allow for the value of proffered transportation improvements that are over and above what is needed
to mitigate the impacts of the development to be taken as a credit against the projected capital
facility impacts for the development. This proffer revision is the first application to seek to utilize
this transportation credit.
Rezoning #06-15 Opequon Crossing
October 23, 2015
Page 6
Staff has reviewed the credit proposal submitted by the applicant and attached to this package and
believes the values claimed are reasonable. If the credits are applied as presented, the applicant has
submitted a proffer revision which provides the following contributions to address the capital
facility impacts:
Single Family Detached Single Family Attached
Fire and Rescue $446 $298
General Government $1,118 $770
Public Safety $0 $0
Library $360 $248
Parks and Recreation $0 $0
Schools $14,108 $8,716
TOTAL $16,031 $10,032
Staff recommends that the Planning Commission fully understand the transportation credits, and
agree on the valuations, prior to forwarding a recommendation to the Board of Supervisors on this
proffer revision application.
Following the required public hearing, 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.
SOVERIEGNVILLAGESubdivision
TWIN LAKESOVERLOOKSubdivision
FIELDSTONESubdivision
017ST659
ST659
ST820
CLARKECOUNTYVIRGINIA
109SENSENYGLEN DR 200CANYON RD
207CANYON RD 102RANGE CT
104RANGE CT 103COMBE DR 2747SENSENY RD227CANYON RD
2737SENSENY RD
232CANYON RD
103FERN CT
132CANYON RD
131CANYON RD202SENSENYGLEN DR
104COMBE DR
112ALPINEMEADOW RD
209SENSENYGLEN DR
219SENSENYGLEN DR 300CANYON RD
122CANYON RD
117CANYON RD 103WHIPP DR
107WHIPP DR
307CANYON RD 308CANYON RD
405TAMARACKCIR 109CANYON RD111CANYON RD 210COMBE DR
117WHIPP DR 108WHIPP DR 312CANYON RD
404TAMARACKCIR
106CANYON RD
101CANYON RD
114WHIPP DR
104NORFOLK CT
209ALPINEMEADOW RD
324CANYON RD
301EDDYS LN
109PRIMROSE PL 117PANGBORNE CT 217HEATH CT
107NORFOLK CT
117BENTPATH CT 204HEATH CT208HEATH CT
341CANYON RD
164MORNINGGLORY DR
202HEATH CT 342CANYON RD
118AULEE CT
172MORNINGGLORY DR
433CANYON RD 402CANYON RD
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REZ # 06 - 15Opequon CrossingPINs:55 - A - 210, 55 - A - 212, 55 - A - 212AProffer Amendment
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 14, 2015Staff: jbishop
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REZ # 06 - 15Opequon CrossingPINs:55 - A - 210, 55 - A - 212, 55 - A - 212AProffer Amendment
117 East Piccadilly Street • Winchester, VA 22601 • Ph: 540-667-2139 • Fx: 540-665-0493
www.pennoni.com
October 20, 2015
Mr. John Bishop, AICP
Deputy Director, Transportation
Frederick County Planning and Development
107 N Kent Street, Suite 202
Winchester, VA 22601
RE: Opequon Crossing Proffer Modification Request – Transportation Credits
Dear Mr. Bishop,
As a follow up to our recent discussions, please find attached a revised proffer statement and
generalized development plan for the proposed proffer amendment for Opequon Crossing in
order to apply a transportation credit under the policy adopted by the Board of Supervisors in
January of 2014. In addition, please find attached several exhibits and the following
background and justification for the application.
Background
In January of 2014, the Frederick County Board of Supervisors (the “BOS”) adopted a policy to
allow for transportation proffer credits for rezoning applications in Frederick County (the
“County”). This policy allows for the value of proffered transportation improvements that exceed
the scope of the improvements necessary to mitigate the impacts of the development to be
taken as a credit against the monetary proffers for the project. The dedication of right of way for
future Route 37 through Opequon Crossing is an example of an eligible transportation proffer.
In addition, we believe that portions of the improvements associated with Haggerty Boulevard,
which implements a roadway planned for by the Frederick County Comprehensive Policy Plan
(the “Comp Plan”), are eligible for transportation credits.
Opequon Crossing is currently approved for up to 625 dwelling units and the residential portions
of the project are currently comprised of two separate, but contiguous, rezoning applications
including Rezoning #04-07 for the “Haggerty Property” and Rezoning #12-07 for the “Adams
Property.” For reference, copies of the existing rezoning approvals are attached. The Haggerty
Property is permitted for up to 300 dwelling units and the Adams Property is permitted for up to
325 dwelling units. The Haggerty Property was originally rezoned prior to the major overhaul of
the County’s proffer model in 2005, resulting in a lower monetary proffer compared to the
Adams Property. The current per unit monetary proffer amounts, as required by the approved
proffers for the Haggerty and Adams properties, is as follows:
Table 1. Existing Monetary Proffers
Dwelling Type Haggerty (300 du) Adams (325 du)
Single Family Detached $10,211 $26,664
Single Family Attached $ 8,051 $18,441
Opequon Crossing October 20, 2015 Page 2
Transportation Credits
The current Frederick County Proffer Model identifies the following per unit monetary proffer
guidelines:
Table 2. Current Frederick County Impact Model
Single Family Detached $19,681
Single Family Attached $13,681
Proposed Proffer Amendment
In order to utilize the policy for transportation proffer credits, we understand that the project
would need to conform to the current County Proffer Model. Accordingly, the proposed proffer
statement combines the Haggerty and Adams under a single rezoning application for Opequon
Crossing, thereby increasing the Haggerty monetary proffers and decreasing the Adams
proffers to be consistent with the County’s current proffer model. The monetary proffers reflect
a total transportation credit of $2,094,423 for both dedicated right of way and constructed
improvements. The applicable transportation credit values are attached as Exhibit 1. In
addition, while the current zoning approvals enable up to 625 dwelling units, the proposed
proffer statement reduces the maximum number of dwelling units to 574. The resulting per unit
transportation credit would be $3,648 and applied to the proffers for single family detached and
attached units as depicted by the following tables:
Table 3. Single Family Detached – Transportation Credit Adjustment
Current Model Credit Adjusted Proffer
Fire and Rescue $547 ($101) $446
General Government $1,373 ($255) $1,118
Public Safety $0 ($0) $0
Library $442 ($82) $360
Parks and Recreation $1,819 ($1,819) $0
School Construction $15,499 ($1,391) $14,108
TOTAL $19,681 ($3,648) $16,031
Table 4. Single Family Attached – Transportation Credit Adjustment
Current Model Credit Adjusted Proffer
Fire and Rescue $406 ($108) $298
General Government $1,050 ($280) $770
Public Safety $0 ($0) $0
Library $338 ($90) $248
Parks and Recreation $1,391 ($1,391) $0
School Construction $10,495 ($1,779) $8,716
TOTAL $13,681 ($3,648) $10,032
Opequon Crossing October 20, 2015 Page 3
Transportation Credits
The proposed proffer statement for Opequon Crossing includes substantial recreation related
proffers including a community clubhouse with a minimum floor area of 3,000 square feet and a
swimming pool or pools with a minimum surface area of 3,500 square feet. In addition, the
Applicant has proffered to provide for a substantial trail network through the Property which will
be owned and maintained by the HOA for Opequon Crossing, but will be open to the public.
These proffers ensure that the project will mitigate impacts to recreation uses. In recognition of
these significant recreation related proffers provided, the Applicant has elected to apply more of
the per unit credit to parks and recreation uses thereby reducing the credits applied to school
construction.
Justification for Credit Values
The following is a summary of the credit values as depicted on attached Exhibit 1 and utilized
for the proposed proffer amendment.
Route 37 Right of Way and Road Efficiency Buffer: $600,000.00
Opequon Crossing provides for 12.47 acres of right of way for future Route 37. In addition, the
road efficiency buffer required by the zoning ordinance further reduces the buildable area of
Opequon Crossing by 7.98 acres, when assuming a the reduced distance (80’) buffer option. In
total, the dedication of the Route 37 Right of Way and road efficiency buffer requirements utilize
20.45 acres of the project. Utilizing the 5 acre density permitted within the RA district, four lots
could have developed within the 20.45 acre right of way/buffer area. At a value of
$150,000/unit, these four lots result in a transportation credit value of $600,000.
Cut/Fill - Haggerty Blvd Alignment with Future Route 37 On/Off Ramps: $687,090.00
Haggerty Boulevard is a planned major collector identified by the Comprehensive Plan that will
provide access to the project from Route 7. Opequon Crossing will construct approximately
3,350 feet of Haggerty Boulevard. To implement the long range transportation plans for
Frederick County, Haggerty Boulevard is proposed to intersect with Route 7 across from the
future on/off ramp for Route 37. In order to provide for a future 4 way intersection between
Route 7, Haggerty Boulevard, and the on/off ramps for Route 37, the design and construction of
Haggerty Boulevard must deal with challenging topography including more than 8 feet of
elevation change between the eastbound and westbound lanes of Route 7 and cuts of nearly 30
feet south of Route 7 as Haggerty Boulevard enters the property. An alternative alignment for
Haggerty Blvd could intersect with Route 7 further to the east where existing topography would
be more conducive to construction of the roadway and its intersection with Route 7. The two
alignment alternatives for Haggerty Boulevard are depicted on attached Exhibit 2. In addition
Exhibit 3 and Exhibit 4 depict the road profiles for the two alternatives to identify the reduced
cut/fill conditions required under the alternative alignment. The difference in the cut and fill
costs between the alignment necessitated by future Route 37 and the alternative alignment
would be eligible for a transportation credit with a value of $687,090.
Eastbound Route 7 Left Turn Lane: $50,266.80
As discussed previously, the future intersection of Haggerty Boulevard and Route 7 assumes a
fourth leg for the Route 37 on/off ramps. The approved road design includes an eastbound left
Opequon Crossing October 20, 2015 Page 4
Transportation Credits
turn lane for vehicles that will ultimately be turning onto future Route 37. As this improvement is
not necessitated by any vehicle trips generated by Opequon Crossing, it is eligible for a
transportation credit. The Applicant has applied a conservative value of $50,266.80 for this
improvement.
New Route 7 Pavement: $328,806.32
Demolition of Existing Route 7 Pavement: $56,908.80
The alignment of Haggerty Boulevard with the future Route 37 ramps require the westbound
lanes of Route 7 to be raised by approximately 8 feet. The alternative alignment with a three leg
intersection at Route 7 would only require the eastbound lanes to be raised by 1.42 feet. As a
result, the portions of Route 7 that would need to be demolished and rebuilt are reduced by
more than 83 percent by the alternative layout. Accordingly, the demolition and additional
pavement costs necessitated by the alignment of Haggerty Blvd with the future Route 37 ramps
are eligible for transportation credits with a combined value of $385,715.17
Maintenance of Traffic: $250,000.00
In order to construct Haggerty Boulevard, as planned and approved, raising the westbound
lanes of Route 7 by approximately 8 feet will require phased construction at a considerable
costs from a maintenance of traffic standpoint. With 83 percent less fill required on Route 7, the
alternative alignment would cost significantly less to implement. The increased costs in the
Maintenance of Traffic for the planned alignment for Haggerty Boulevard is eligible for a
transportation credit at a value of $250,000.00.
Relocation of Existing Force Mains: $121,352.00
The cut required for Haggerty Boulevard at its intersection with Route 7 across from the future
Route 37 ramps will require the relocation of 220 LF of existing 10” and 14” force mains. This
cost is only required due to the alignment required for Haggerty Boulevard and is eligible for a
transportation credit at a value of $121,352.00, consistent with a 2013 bid for completion of
Haggerty Boulevard.
Total Value of Transportation Credits: $2,094,423
Per Unit Value (574 dwelling units): $3,648
Other Proffer Modifications
In addition to the above modifications to the required monetary proffers, in recognition of the
plans to re-align Valley Mill Road to the north to a new intersection with Route 7 rather than
through Opequon Crossing, the proposed proffer amendment removes the right of way
dedication for an East-West collector road through Opequon Crossing. The proposed proffer
amendment also removes the section of Haggerty Boulevard which extended into the Route 37
right of way to the southern Property boundary. Long term, the plan would be to provide an
interim connection between Route 7 and Senseny Road by extending the spine road through
Opequon Crossing October 20, 2015 Page 5
Transportation Credits
the adjoining property to the south of Opequon Crossing, known as the Riggleman Property.
When the existing proffers for the Haggerty property were approved by the Board as part of a
proffer modification in 2007, there was the potential for the extension of Haggerty Boulevard
through the Riggleman Property as part of a separate development of that property, which now
appears unlikely. The extension of Haggerty Boulevard to the southern property boundary of
Opequon Crossing would otherwise be eligible for a transportation credit, but avoiding
construction of this portion of roadway would be more beneficial to avoid issues associated with
a constructed roadway sitting unused for an unknown period of time until an unfunded, off-site
extension can be completed. Lastly, in addition to minor edits and clean up type items
associated with merging the two existing proffer statements, the proposed proffer amendment
would permit the use of the County’s Transfer of Development Rights (TDR) Ordinance as an
option to the monetary proffers.
The proposed amendments would reduce the overall project lot yield from 625 units to 574 units
and ensure that all units within the project are subject to the County’s current impact model.
The project includes substantial transportation improvements that well exceed the impact of the
development itself, which should allow for application of the transportation credit policy as
adopted by the Board of Supervisors. This policy and its application at Opequon Crossing helps
to ensure that lands within the UDA are developable and are able to accommodate residential
growth in the areas planned for by the Frederick County Comprehensive Plan.
If you have any questions or comments, please feel free to contact me at (540) 667-2139.
Sincerely,
PENNONI ASSOCIATES INC.
Patrick Sowers
Senior Project Engineer
Attachments
Transportation Credit worksheet
Applicant: EXAMPLE OF OUTPUT Approved for use by BOS 1/2014
Residential Units (number) 500 Units
SFD 500
SFA 0 Residential Input Data
MFD 0
Non-Residential (sq. ft.)0 Sq. Ft.
Retail 0 Sq. Ft. Go to Scenarios tab for non-residential inputs
Office 0 Sq. Ft.
Offsets
Transportation $1,000,000
Total Cost of
Capital Facilities Per Unit
Fire And Rescue $273,500 3%$547
General Government $686,500 7%$1,373
Public Safety $0 0%$0
Library $221,000 2%$442
Parks and Recreation $909,500 9%$1,819
School Construction $7,749,500 79%$15,499
Total $9,840,000 100%$19,680
Net Cost of Capital Faclities $8,840,000 $17,680
OUTPUT MODULE
C
SUBDIVISION REQUEST #07-15
REGENTS CREST
Staff Report for the Planning Commission
Prepared: October 15, 2015
Staff Contact: Mark R. Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist in the review of this application.
It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 11/04/15 Pending Public Meeting
Board of Supervisors: 12/09/15 Pending
LOCATION: The property is located on Trafalgar Square off the south side of Route 522 in
Sunnyside.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 53-6-1-1 through 53-6-1-28
PROPERTY ZONING & PRESENT USE: RP (Residential Performance)
Vacant
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Use: Residential
South: RP (Residential Performance) Use: Residential
East: B-2 (General Business) Use: Vacant
West: RP (Residential Performance) Use: Residential
EXECUTIVE SUMMARY: This property is subject to Master Development Plan (MDP) # 02-
03 known as Regents Crescent that was approved by Frederick County on September 8, 2004.
This MDP was approved for 28 single-family detached cluster and 42 townhouses lots on 8.77+/-
acres of RP zoned land, and the development of a 2.81+/- acre property zoned B-2 (General
Business) fronting North Frederick Pike. The MDP did not allow subdivision of individual lots.
The prior owner started infrastructure on the properties to include roads, water and sewer lines,
and sidewalks. This proposed subdivision does not deviate from the approved MDP. This
proposed subdivision will enable the current owner, to subdivide this 9+/- acre parcel into 42
townhouses and 24 single-family small lots for a total of 66 lots, with open space. The B-2
property fronting North Frederick Pike will not be included with this subdivision. This project
will be served by a private road, which will access the public road known as Trafalgar Square.
This application is present for information; no action is necessary.
Subdivision Request
Subdivision #07 -15 for Regents Crest
October 15, 2015
Page 2
SUBDIVISION SPECIFICS: Subdivision of 9+/- acres into 42 townhouses and 24 single-
family small lots.
REVIEW AGENCY COMMENTS:
Department of Transportation: Please see attached email from Lloyd Ingram, Land
Development Engineer dated September 14, 2015.
Frederick County Fire Marshall: Approved.
Inspections: Please see attached comments from John Trenary, Certified Building Official dated
September 28, 2015.
Parks and Recreation: Appears to meet Parks and Recreation requirements.
GIS: Sage Circle, Reign Way, and Lance Way have been approved and added to Frederick
County’s Masters Road name list.
Frederick County Public Works: Has a current land disturbance permit and erosion and
sediment bond. We offer no additional comments. We recommend approval.
Frederick County Sanitation Authority: Approved as noted.
Frederick County Public Schools: Please see attached letter from K. Wayne Lee, Jr., LEED
AP dated August 27, 2015.
Planning Staff Review:
Background This property is subject to Master Development Plan (MDP) #02-03 known as
Regents Crescent that was approved by Frederick County on September 8, 2004. This MDP was
approved for a total of 11.68+/- acres of RP (Residential Performance) and B-2 (General
Business) zoned land. The MDP allowed for 28 single-family detached cluster and 42
townhouses lots on 8.77+/- acres of RP zoned land, and the development of a 2.81+/- acre
property zoned B-2 (General Business) fronting North Frederick Pike. However, the MDP did
not allow subdivision of individual lots. The prior owner started infrastructure on the properties
to include roads, water and sewer lines, and sidewalks.
This proposed subdivision does not deviate from the approved MDP with regards to the general
lay out that was previously approved by Frederick County. This lay out includes the street
network and infrastructure. This proposed subdivision will enable the current owner, to
subdivide this 9+/- acre parcel into 42 townhouses and 24 single-family small lots for a total of
Subdivision Request
Subdivision #07 -15 for Regents Crest
October 15, 2015
Page 3
66 lots, with open space. The B-2 property fronting North Frederick Pike will not be included
with this subdivision.
It is noted that the prior development was established as a condominium project by the previous
owner. So while the project has property identification numbers issued by the Commissioner of
the Revenue, the project was not subdivided. The pending subdivision would enable the division
to individual lots to occur.
The applicant will need to facilitate the dedication of Trafalgar Square for public use and
acceptance into the VDOT Secondary Road System for maintenance.
STAFF RECOMMENDATION FOR NOVEMBER 4, 2015 PLANNING COMMISSION
MEETING:
This proposed subdivision meets the requirements of the approved MDP and the Frederick
County Zoning Ordinance.
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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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SUB # 07 - 15Regents CrestPINs:53 - 6 - 1 - 1 through 28CSubdivision Request
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SUB # 07 - 15Regents CrestPINs:53 - 6 - 1 - 1 through 28CSubdivision Request
SUB 07-15
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SUB # 07 - 15Regents CrestPINs:53 - 6 - 1 - 1 through 28CSubdivision Request
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SUB # 07 - 15Regents CrestPINs:53 - 6 - 1 - 1 through 28CSubdivision Request
SUB 07-15
D
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: October 23, 2015
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 November 4, 2015
meeting. Any revisions that result from the discussion will be incorporated into the
documents, and returned to the Planning Commission in December for review.
Ultimately, the updated documents will be presented at the Planning Commission’s first
meeting in 2016 for adoption.
Attachments
Planning Commission Bylaws, no revisions suggested
Planning Commission Roles and Responsibilities, no revisions suggested
ERL/pd
PLANNING COMMISSION BYLAWS
County of Frederick, Virginia
Proposed for discussion
November 4, 2015
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 November 4, 2015
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.
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Planning Commission Bylaws
Proposed for discussion November 4, 2015
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 November 4, 2015
ARTICLE V - COMMITTEES
5-1 The Commission shall establish committees necessary to accomplish its purpose.
5-2 In establishing committees, the Commission shall describe the purpose for each
committee.
5-3 Members of the committees shall be appointed by the chairman and will serve for a term
of one year. The chairman may request recommendations from the Commission or
committee members on committee appointments.
5-4 Commission members, employees of the County, and citizen volunteers may be members
of the committee.
5-5 The chairman and vice-chairman of the Planning Commission shall be ex-officio
members of every committee.
5-6 The committees will elect a chairman and vice-chairman annually. These officers shall
be current Commission members and should represent different Magisterial Districts, if
possible.
5-7 The committees may operate as a committee of the whole or by executive committee,
with current and past Commission members serving as members of the executive
committee.
5-8 The committees may establish standing subcommittees whose activities will be a specific
responsibility of the parent committee. One executive committee member will serve as
liaison to the standing subcommittee and will assist staff in managing its activities.
Membership will be comprised of past Commission members and citizens. Membership
will be appointed by the chairman of the Committee with concurrence by the
Commission Chairman.
5-9 The committees may establish working groups to assist in specific, carefully-defined tasks
for a limited period of time. Important considerations for membership on the working
group are skills and experience necessary to assist in providing acceptable solutions.
Membership will be appointed by the Chairman of the Committee with concurrence by
the Commission Chairman.
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Planning Commission Bylaws
Proposed for discussion November 4, 2015
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.
8-1-4 Committee Reports.
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Planning Commission Bylaws
Proposed for discussion November 4, 2015
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.
8-3-4-3 Citizen Comment.
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Planning Commission Bylaws
Proposed for discussion November 4, 2015
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 after the first Commission
meeting following the referral of the amendment to the Commission.
8-3-9 Tabling
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Planning Commission Bylaws
Proposed for discussion November 4, 2015
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.
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
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Planning Commission Bylaws
Proposed for discussion November 4, 2015
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.
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.
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Planning Commission Bylaws
Proposed for discussion November 4, 2015
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 discussion
November 2015
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 November 2015
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 November 2015
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.