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PC 04-06-11 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia April 6, 2011 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) February 2, 2011 Minutes and March 2, 2011................................................................. (A) 3) Committee Reports ............................ 4) Citizen Comments ..................... .............................................................. (no tab) ................................................. (no tab) PUBLIC HEARING 5) 2030 Comprehensive Policy Plan — This is a public hearing for the 2030 Frederick County Comprehensive Plan. The Plan comprehensively addresses the future of Frederick County for its Citizens. The Plan is guided by the Vision Statement and Core Values crafted and adopted by the Frederick County Board of Supervisors. The Plan is supported by two Appendices: Appendix I, which includes each of the County's Area Plans, and Appendix Il, which provides background analysis and studies in support of The Plan. The Plan in its entirety may be viewed at Nv,,vNv.frederickcountyya.go��. Mr. Ruddy........................................................................................................................ (B) 6) The Virginia Department of Transportation and the Planning Commission of Frederick County, in accordance with Section 33.1-70.01 of the Code of Virginia, will conduct a joint public hearing in the Board Room of the Frederick County Government Center, 107 North Kent Street, Winchester, Virginia at 7:00 p.m. on Wednesday, April 6, 2011. The purpose of this public hearing is to receive public comment on the proposed Secondary Road Improvement Plan for Fiscal Years 2012 through 2017 in Frederick County and on the Secondary System Construction Budget for Fiscal Year 2012. Copies of the proposed Plan and Budget may be reviewed at the Edinburg Office of the Virginia Department of Transportation, located at 14031 Old Valley Pike, Edinburg, Virginia or at the Frederick County offices located at 107 North Kent Street, Winchester, Virginia. All projects in the Secondary Road Improvement Plan that are eligible for federal funds will be included in the Statewide Transportation Improvement Program (STIP), which documents how Virginia will obligate federal transportation funds. Persons requiring special assistance to attend and participate in this hearing should contact the Virginia Department of Transportation at 1- 800-367-7623. Persons wishing to speak at this public hearing should contact the Frederick County Planning Department at 540-665-5651. Mr. Bishop .......... ............. (C) FILE COPY 7) Ordinance Amendment — Chapter 165 Zoning, Article IV Agricultural and Residential Districts, Part 401 RA Rural Areas District, §165-401.07 Setback Requirements; and, Chapter 144 Subdivision of Land, Article VI, §144-35 Preliminary Sketches — Minor revisions to the Frederick County Ordinance for the Rural Areas requirements, consistent with the ordinance amendments made in 2009. Ms. Perkins........................................................................................................................ (D) COMMISSION DISCUSSION 8) Ordinance Amendment — Chapter 165 Zoning, Article I General Provisions; Amendments; and Conditional Use Permits, Part 102 Amendments, §165-102.06 Conditional Rezoning — Revision to Public Hearing requirements for Proffers. Ms. Perkins...................................................................................................................... (E) 9) Other 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 February 2, 2011. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/ Opequon District; Brian Madagan, Opequon District; Gary R. Oates, Stonewall District; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; Greg L. Unger, Back Creek District; Kevin O. Crosen, Back Creek District; Christopher M. Mohn, Red Bud District; Philip E. Lemieux, Red Bud District; and Roderick B. Williams, County Attorney. ABSENT: George J. Kriz, Gainesboro District; STAFF PRESENT: Eric R. Lawrence, Planning Director; Candice E. Perkins, Senior Planner; Mark R. Cheran, Zoning & Subdivision Administrator; Dana M. Johnston, Zoning Inspector; and Renee' S. Arlotta, Clerk. CAlli. TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Chairman Wilmot announced a few changes to the meeting agenda. She said a date was not previously identified for the Planning Commission to meet if inclement weather caused a meeting cancellation; she suggested this issue be covered after Item #1. Chairman Wilmot also noted that two items have been forwarded from the DRRC (Development Review & Regulations Committee). She said the first, Schools in the B2, B3, and MI Zoning Districts, will be under Tab C; and the second item, minor revisions to the Rural Area Requirements, will be under Tab D. Chainnan Wilmot asked for a motion to include those changes to the agenda. Upon motion made by Commissioner Oates and seconded by Commissioner Triplett, the Planning Commission unanimously accepted the changes for the February 2, 2011, Planning Commission agenda for this evening's meeting. Upon motion made by Commissioner Oates and seconded by Commissioner Triplett, the Planning Commission unanimously adopted the February 2, 2011, Planning Commission agenda, as amended, for this evening's meeting. Frederick County Planning Commission Page 2722 Minutes of February 2, 2011 -2- !NCLEMENT WEATHER POLICY FOR MEETING CANCELLATION Chairman Wilmot stated the action needed by the Planning Commission is regarding an alternate meeting date for the Planning Commission, if inclement weather results in the cancellation of a regularly -scheduled Commission meeting. Chairman Wilmot suggested the Commission identify the alternate meeting day as the following evening, Thursday, at 7:00 p.m. Upon motion made by Commissioner Manuel and seconded by Commissioner Madagan, the Planning Commission unanimously voted to have the following evening, Thursday at 7:00 p.m. as the designated alternate meeting day, if inclement weather results in the cancellation of a regularly -scheduled Planning Commission meeting. Chairman Wilmot noted that this decision will be reflected in the Planning Commission's Bylaws. MEETING MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Crockett, the Planning Commission unanimously approved the minutes of the December 1, 2010 meeting. Upon motion made by Commissioner Oates and seconded by Commissioner Crockett, the Planning Commission unanimously approved the minutes of the January 5, 2011 meeting. COMMITTEE REPORTS Development Review and Rel4ulations Committee (DRRC) — 1/27/11 Mtg. Commissioner Unger reported the DRRC elected officers and he was elected Chairman and Kevin Kenney was elected as the Vice Chairman. Commissioner Unger said the DRRC had a discussion regarding schools in the M1 District. He said it was the opinion of the DRRS that this was not an appropriate zoning for schools because of safety, traffic, and incompatibility of uses that could move in beside the school. Commissioner Unger reported the DRRC also discussed some minor ordinance amendments for the RA District. Although he recalled making some of these amendments back in 2009, some additional changes in the language were needed. There was also discussion on revising some of the language regarding signs, particularly the specifics involving flashing signs. Frederick County Planning Commission Page 2723 Minutes of February 2, 2011 -3 - Sanitation Authority (SA) —1/18/11 Mtg. Commissioner Unger reported rainfall for the month of December was down significantly, at less than one inch; the previous month, November, rainfall was 3.37 inches, which is normal. The Diehl Plant produced 1.2 million gallons per day (mgd); the Anderson Plant produced 1.2 mgd; .89 mgd was purchased from the City of Winchester; Average Daily Use was 3.4 mgd, which was down from the previous month of 4.9 mgd. Commissioner Unger reported some problems at the Anderson Plant in which the owners of the quarry and the Sanitation Department are disputing over who is responsible for paying some bills; he said that litigation to settle the matter may result. COMMITTEE APPOINTMENTS Chairman Wilmot announced the following appointments for the Development Review & Regulations Committee (DRRC): Opequon District Commissioner, Roger L. Thomas; Back Creek Commissioner, Greg L. Unger; Back Creek Commissioner, Kevin O. Crosen; Shawnee Commissioner, Lawrence R. Ambrogi; Stonewall District Commissioner, Gary R. Oates; and ex -officio member, Chairman June Wilmot. Chairman Wilmot noted a number of citizen members: Mr. Jay Banks, Back Creek District; Mr. Kevin Kenney, Gainesboro District; Mr. Whitney Wagner, Stonewall District; John Conrad, Citizen Member representing the Top of Virginia; Mr. Dwight Shenk, Gainesboro District. Chairman Wilmot noted that for the Comprehensive Plans & Programs Committee (CPPC), work has not yet finished on examining how this committee operates, which is a little different from the DRRC. Chairman Wilmot said she would nominate the current Planning Commissioners for that committee and will do so with the knowledge that a meeting will be held on February 14 at 7:00 p.m. She announced the following members: Gainesboro District Commissioner, George J. Kriz; Stonewall District Commissioner, Gary R. Oates; Red Bud District Commissioner, Christopher Mohn; Shawnee District Commissioner, H. Paige Manuel; Stonewall District Commissioner, J. Stanley Crockett; and Red Bud District Commissioner, Philip A. Lemieux; and ex -officio members: Opequon District Commissioner, Roger L. Thomas; and Chairman June Wilmot. CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any issue not on this evening's agenda. No one came forward to speak and Chairman Wilmot closed the citizen comment portion of the meeting. Frederick County Planning Commission Page 2724 Minutes of February 2, 2011 -4 - PUBLIC HEARING Conditional Use Permit 901-I1 for Tracy Alt for a cottage occupation to enable an In -Rome Day Care Facility at 110 O'Brien's Circle in the Shenandoah Bills subdivision. This property is identified with P.I.N. 55F-1-3-140 in the Red Bud Magisterial District. Action — Recommended Approval with Conditions Zoning Inspector, Dana M. Johnston, reported that an in-home daycare facility is a permitted use as a cottage occupation in the RP (Residential Performance) Zoning District with an approved conditional use permit. Mr. Johnston stated that the proposed daycare facility appears to have no adverse impacts on the subdivision and the adjoining properties. Mr. Johnston next read a list of seven recommended conditions, should the Commission find the use to be appropriate. Commissioner Lemieux inquired if the Department of Social Services would be the authority on the operation of the day care facility. Mr. Johnston replied yes; he said the regulations of the Department of Social Services would supplement the conditions placed by the Planning Department. Commissioner Thomas asked if the residence was currently acting as a day care center. Mr. Johnston replied yes, the applicant is caring for five children presently; however, more than five children would trigger the licensing requirements through the Department of Social Services and the conditional use pen -nit through the Department of Planning and Development. Chairman Wilmot called for citizen comments; however, no one came forward to speak. The applicant was present to answer any questions from the Commission. Upon motion made by Commissioner Mohn and seconded by Commissioner Lemieux, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #01-11 for Tracy Alt for a cottage occupation to enable an In -Home Day Care Facility at 110 O'Brien's Circle in the Shenandoah Hills subdivision, with the following conditions: All review agency comments and requirements shall be complied with at all times. 2. Hours of operation shall be permitted from 6:00 a.m. to 6:00 p.m., Monday through Friday. The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 4. No business sign associated with this conditional use permit (CUP) shall be erected on the property. Other than those children residing on the property, there shall be no more than ten children being cared for at any given time. Other than those persons residing on the property, there shall be no more than one employee working at the daycare facility at any time. Frederick County Planning Commission Page 2725 Minutes of February 2, 2011 -5- 7. Any expansion or change of use will require a new conditional use permit. -T t_. r T7 absent from them et;na 1 kv, Le. vi"ilmissivner �.r.z was abse e .b., A DISCUSSION REGARDING A PROPOSED ZONING ORDINANCE AMENDMENT WHICH WOULD ALLOW SCHOOLS AS A PERMITTED USE IN THE B2 BUSINESS GENERAL), B3 O DUSTRIAL TRANSITION), AND THE M1 (LIGHT INDUSTRIAL) ZONING DISTRICTS. Commissioner Crosen said he would abstain from this discussion due to a possible conflict of interest. Senior Planner, Candice E. Perkins, reported that staff had received a request for the Development Review and Regulations Committee (DRRC) to consider allowing schools as a conditional use in the B2 (Business General), B3 (Industrial Transition), and the Ml (Light Industrial) Zoning Districts. Ms. Perkins stated that currently, schools are only permitted in the RA (Rural Areas), RP (Residential Performance), R4 (Residential Planned Community), R5 (Residential Recreational Community), and MH -1 (Mobile Home Community) Districts. She noted that vocational schools, which fall under the same classification, are allowed in the B3, Ml, and M2 (Industrial General) Zoning Districts. Ms. Perkins said the Department of Planning & Development has seen multiple requests over the last year for users in these similar districts, but this is the first request for an ordinance amendment. Ms. Perkins said this was extensively discussed by the DRRC at their meeting on January 27, 2011; they ultimately recommended that the requested ordinance amendment not be approved. Commissioner Unger believed the current economic situation influenced discussion at the DRRC meeting. He believed that everyone at the DRRC meeting wanted to see the building used for something; unfortunately, the only user to come forward is someone with a school. Commissioner Unger said the committee members didn't think this was an appropriate location for a school. He said there were concerns about traffic; there were concerns about incompatibility between a school use and another commercial/industrial use. Commissioner Thomas stated that if a building in an industrial area is given a conditional use permit (CUP), it might as well be made permanent because there is no way, once it's turned into a public school, that the CUP could be pulled. Commissioner Thomas questioned why the Commission would do this as a CUP because the ability to then pull it would be zero, once it's established. He reiterated the three concerns of the DRRC: the safety regarding traffic, the incompatibility of uses, and the long-range loss of tax base. He thought these were compelling reasons not to make this ordinance change. Commissioner Thomas recalled a Commission discussion a number of years ago regarding compatible uses around schools and some changes were made to the ordinance to disallow some uses. He said this couldn't be controlled if a school went into an industrial park. He added that this concept is Frederick County Planning Commission Page 2716 Minutes of February 2, 2011 ffm fraught with a considerable number of problems and he believed the DRRC's recommendation should be accepted. Chairman Wilmot commented that the County is not in a state of plentitude with regards to its supply of commercial areas and particularly, with M1. Chairman Wilmot predicted that the marketability of the remainder of the industrial park would be negatively affected, should the school use be allowed. Ms. Perkins said that she would forward the Commission's comments on to the Board of Supervisors for their consideration. DISCUSSION OF PROPOSED MINOR REVISIONS TO THE RURAL AREA REQUU2EMENTS WITHIN CHAPTER 144 SUBDIVISION OF LAND AND CHAPTER 165 ZONING OF THE FREDERICK COUNTY CODE. Senior Planner, Candice E. Perkins, reported that the first proposed change is to Section 165-401.07 Setback Requirements. She said this change is necessary to clarify that setback requirements apply to all lots in the RA (Rural Areas) Zoning District, conforming or non -conforming in lot site. She commented that this eliminates the traditional five -acre lot text. The subdivision ordinance change is to eliminate a reference to the 40% preservation tracts. Ms. Perkins said this item was discussed by the Development Review & Regulations Committee (DRRC) at their meeting on January 27, 2011. No issues of concern were raised by the members of the Planning Commission regarding the proposed change. Ms. Perkins said she would forward the minor revisions on to the Board of Supervisors for their discussion. PLANNING COMMISSION'S ANNUAL RETREAT FOR 2011 Chairman Wilmot reminded all in attendance of the Planning Commission's Annual Retreat, scheduled for Saturday, February 12, 2011, will be held at the Frederick County Public Safety Center. Chairman Wilmot referred to the retreat package handed out to the members of the Planning Commission and encouraged Commissioners to read through the materials included. Frederick County Planning Commission Page 2727 Minutes of February 2, 2011 -7 - CANCELLATION OF THE FEBRUARY 16, 2011 PLANNING COMMISSION MEETING Chairman Wilmot stated that there were no pending items for the Commission's February 16, 2011 meeting. Upon motion made by Commissioner Oates and seconded by Commissioner Mohn, the Planning Commission unanimously agreed to cancel their regularly scheduled meeting on February 16, 2011. ,IVlalM"aar ► -1 unanimous vote. No further business remained to be discussed and the meeting adjourned at 7:20 p.m. by a Respectfully submitted, June M. Wilmot, Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Page 2728 Minutes of February 2, 2011 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 March 2, 2011. PRESENT: June M. Wilmot, Chainnan/Member at Large; Roger L. Thomas, Vice Chairman/ Opequon District; Brian Madagan, Opequon District; Gary R. Oates, Stonewall District; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Kevin O. Crosen, Back Creek District; and Nate Adams, Winchester Planning Commission Liaison. ABSENT: Christopher M. Mohn, Red Bud District; Philip E. Lemieux, Red Bud District STAFF PRESENT: Eric R. Lawrence, Planning Director; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously adopted the March 2, 2011, Planning Commission agenda as presented. COMMITTEE REPORTS Development Review and Rel4ulations Committee (DRRC) — 2/24/11 Mtg. Commissioner Unger reported the DRRC discussed and recommended approval of a proposed ordinance amendment to allow the Board of Supervisors to waive the public hearing requirement for proffer revisions when the revision does not affect use or density. In addition, there was discussion on revisions to the zoning ordinance to require a conditional use permit for aboveground public utilities. Further discussion will need to take place on this topic. He said the DRRC also discussed their 2011 work program priorities. Frederick County Planning Commission Page 2729 Minutes of March 2, 2011 -2 - Conservation Easement Authority (CEA) — 2/24/11 Mtg. Commissioner Triplett reported that the CEA had their annual organizational meeting with the election of new officers, adoption of bylaws, and selection of meeting dates and times. He said a new member was nominated, Mr. Ron Clevenger. In addition, there was discussion about fund-raising methods and the potential use of discount IPAs (Installment Purchasing Agreements) for easement financing. Historic Resources Advisory Board (HRAB) — 02/15/11 Mtg. Commissioner Oates reported that the HRAB discussed a review of resources impacted by the construction of the Trans -Allegheny Interstate Line (TrAIL). He said several mitigation methods were discussed, such as a monetary contribution or screening; however, this was referred back to legal counsel because of questions. The other topic was along the same lines, but for PATH; however, PATH has now been withdrawn. Comprehensive Plans & Programs Committee (CPPC) — 02/14/11 Mtg. Commissioner Kriz reported that the CPPC held their election of officers and discussed possible committee structure for the upcoming year. Commissioner Kriz said the CPPC decided to have the executive committee with supporting working groups as necessary because this has worked well in the past. He said the Draft Reliance Road Area Land Use Plan was also discussed. Transportation Committee — 02/07/11 Mtg. Commissioner Kriz reported the following discussion and action items by the Transportation Committee: 1) A revision to the Secondary Road Project Prioritization placing Redbud Road Realignment first and HopewellBrucetown Road Intersection Alignment second after Sulphur Springs Road; 2) Requested VDOT's traffic engineer make a site visit to Reliance Road before a recommendation is made to request a traffic study; 3) Approved a VDOT request to close the Carpers Valley Road/Old Winchester Road at Opequon Creek/County Line for the bridge replacement in 2015; 4) Requested that final comments on the Comprehensive Policy Plan review be sent forward asap; 5) Critical comments on the Route 522 Study have not yet been addressed and it was agreed the document should not be adopted in its current form; work is continuing to resolve the issues; 6) Agreed to conduct further study and possibly development of the County's own strategy regarding sidewalk funds; 7) A Draft Millwood Avenue Closure Study is available, however, there does not appear to be a need for comment from the County at this time; 8) Recommended approval of the Revised Railroad Fund Application and Resolution for Carmeuse Lime & Stone's Middletown operation, as it will promote the use of rail instead of trucks for hauling product. Frederick County Planning Commission Page 2730 Minutes of March 2, 2011 -3 - Sanitation Authority (SA) Commissioner Unger reported that rainfall for the month of January was .89 inches; rainfall for the previous two months has been less than two inches, which is poor for this time of year; quarries were operating well with the North Plant at 661.8 mgd, flow at Parkins Mill Plant is 1.7 mgd; and daily average water use is at 3.7 mgd. He said the problem of rags in the sewer lines at Stephens City is continuing. There were no new updates to report on the water tank at Silver Lake. A court date has been set to settle the debate at the north quarries regarding who is responsible for certain bills. Economic Development Commission (EDC) — 02/04/11 Mtg. Commissioner Madagan stated the meeting was predominantly focused on the EDC's annual report of economic measures, new client inquiries, and existing business activity. In general, new client inquiries were down, but the general consensus was that activities were still better than what's expected in a recession. The National Cost of Living Index for the City and County combined was down somewhat from last year, but this seemed to be reasonable as well. Winchester Planning Commission Winchester Planning Commission Chairman, Nate Adams, reported that the update of the Winchester Comprehensive Policy Plan is a major topic of discussion for the Planning Commission at this time. Mr. Adams said they intend to have a hearing in April before the Planning Commission on the new Comprehensive Policy Plan and they expect to have a hearing with the City Council for its adoption in May. He said the plan is posted on the internet at the www.winchesterva.govlplanning website. He invited County residents with any concerns, suggestions, or comments to contact the Planning and Zoning Department for the City of Winchester. Mr. Adams said this will be a brand new document and the emphasis appears to be economic sustainability for the area, which he referred to as preserving the character of Winchester while promoting opportunities. Committee Appointments Chairman Wilmot announced the appointment of Mrs. Marjorie Copenhaver and Mr. James Golladay, both former Planning Commission members, to the executive committee of the Comprehensive Plans and Programs Committee. Frederick County Planning Commission Page 2731 Minutes of March 2, 2011 -4 - CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any issue not on this evening's agenda. No one came forward to speak and Chairman Wilmot closed the citizen comment portion of the meeting. COMMISSION DISCUSSION MIDDLETOWN LAND USE PLAN Planning Director, Eric R. Lawrence, provided a brief history of the Middletown Land Use Plan/ Draft Reliance Road Area Joint Land Use Plan to explain how this plan has developed to date. Mr. Lawrence reported that about a year ago, the Town of Middletown approached the County and expressed interest in a possible boundary line adjustment to the east of the current Town boundaries. He noted that I-81 is essentially the eastern boundary for the Town and they expressed interest in moving that boundary east to incorporate some lands along the Reliance Road area. A Reliance Road Steering Committee (RRSC) was established, consisting of two County Board of Supervisors members, Gary Lofton and Bill Ewing; Frederick County Planning Director, Eric R. Lawrence; the Mayor of Middletown, Mark Brown; Middletown Councilor John Blaisdell; and Middletown Staff member, Fred Wharton. Mr. Lawrence stated that the committee members worked together for nine months to establish the draft plan presented for discussion. In 2005, the Town of Middletown adopted the Foresight Middletown Plan, which was ultimately incorporated into the Town's Comprehensive Policy Plan in 2005. Foresight Middletown had contained a conceptual land use scheme for this particular area, which incorporated business and technology opportunities. The RRSC believed the business and technology uses made sense and they used this as a foundation for the Draft Reliance Road Area Land Use Plan. Therefore, the Joint Land Use Plan calls for approximately 44 acres of commercial uses to serve the travelling public, such as hotels, gasoline service stations, and restaurants. The commercial opportunities would be located southeast of the interstate interchange on the south side of Reliance Road and could be implemented through the B2 (Business General) Zoning District. The technology uses are envisioned both north and south of Reliance Road, covering approximately 138 acres. Based on the targeted businesses identified by the Winchester - Frederick County Economic Development Commission, the technology uses would include economic sectors such as: Advanced Security, Assembly, Business Services, and Life Sciences. These land uses would be implemented through the OM (Office Manufacturing) Zoning District. Mr. Lawrence pointed out that the proposed Joint Land Use Plan has no visions for future residential uses beyond what is allowed in the RA Zoning District. No UDA (Urban Development Area) expansion nor suburban -type development was supported. Mr. Lawrence stated that while the existence of I-81, Exit 302, is a strong asset to the areas' transportation network, the actual configuration of the interchange and its close proximity to Buckton Road is not conducive to accommodating future traffic demands. He said in order for the interchange to operate efficiently and effectively in the future, it would be essential to migrate the existing intersection of Reliance and Buckton Roads further east, creating a greater separation distance from the I-81 northbound on/off ramps. Mr. Lawrence said that increasing this separation distance will avoid significant degradation of the interchange similar to what has occurred at Exit 307 in Stephens City. In Frederick County Planning Commission Page 2732 Minutes of March 2, 2011 addition, it was also believed that continuing the boulevard with managed access along the east side of Reliance Road was a good idea. Ultimately, public water and sewer is needed to facilitate the types of uses envisioned. In working with the FCSA, there are no future plans for County facilities to serve uses in this particular area, so the Town's water and sewer service would need to be utilized to accommodate future growth. It was noted that the Town recently completed an upgrade to its wastewater treatment facility which enables treatment upwards of 400,000 gpd. Reflective of the slowing economy and the Town's limited water availability, the wastewater facility is currently operating at less than 30 percent capacity; the facility is therefore available to service future wastewater demands. However, existing limitations in water availability and the conveyance lines under the interstate may hinder development in the near future. As the Town secures additional water availability, upgrades to the conveyance system could easily be undertaken. Mr. Lawrence stated that through this nine-month process, a public/community meeting was held in the Town of Middletown on November 18. About 40-50 citizens, representing residents within the Town and the County, attended the public meeting. He said many of those who attended were adjacent to the study area and did not want houses or additional growth near them; the County representative also did not believe housing was appropriate, therefore, the plan was scaled back to concentrate on the technology and business uses. Mr. Lawrence concluded his presentation by reviewing the key factors that were considered in creating the Draft Land Use Plan which included: Property Owners Interest; Water Availability; Transportation Network; Fiscal Impacts; and Public Support. He added that the Town of Middletown has initiated some water studies. Furthermore, the Draft Land Use Plan does not include any expansion to Frederick County's SWSA (Sewer and Water Service Area). A member of the Planning Commission asked Mr. Lawrence where the Town currently gets its water and how much water it would take to serve the commercial and technology uses proposed in the Joint Land Use Plan. Mr. Lawrence replied that the Town gets its water from the City of Winchester; however, there is not an opportunity to get additional water from the City. He said the Town of Middletown is having discussions to determine if there is an opportunity to acquire water from Strasburg. A Commission member believed this plan would be beneficial for the future, although it may be somewhat restrictive with a high-technology center from the standpoint of supplying support criteria, such as fiber optics. Commissioners believed the Town of Middletown should decide how they would get their water. Commission members also believed it would be best not to move further with the Joint Land Use Plan until Middletown had demonstrated they had the capability to get the water necessary for development. Another Commissioner raised a question regarding the relocation of Buckton Road; specifically, what would trigger its relocation, as well as who would finance the move. Mr. Lawrence replied that anyone interested in the technology uses would need to go through the rezoning process and logically, with the rezoning, the necessary transportation improvements would need to be addressed. Mr. Lawrence noted that another unique situation with this plan is the existing B2 -zoned properties and the fact they have no rights to water and sewer. He said this could create an opportunity to get some road improvements and relocations in exchange for getting rights to water and sewer. He pointed out that all of this is conceptual at this time. Mr. Lawrence stated that he would forward the Commission's remarks to the Board of Supervisors. Frederick County Planning Commission Page 2733 Minutes of March 2, 2011 IM 2011 PLANNING COMMISSION RETREAT SUMMARY Planning Director, Eric R. Lawrence, presented a meeting summary of the discussion that took place at the Planning Commission's Annual Retreat held on Saturday, February 12, 2011, in the Frederick County Public Safety Building. Mr. Lawrence said the staff was very pleased with the day's discussion and believed it was successful. h1 reviewing the discussions, as well as input the staff received since the day of the retreat, Mr. Lawrence said the Planning Staff is prepared to move forward on the following projects during the next year: 1) Eastern Frederick Area Land Use Plan; 2) Finalize TND (Traditional Neighborhood Design) ordinance to implement the Urban Center concepts from the UDA Study; 3) Develop LEED, Wind Energy, and MED Cottage standards; 4) Further the planning, design, right-of-way acquisition, and construction of Route 37; 5) Access Management Plan/Policy. Everyone agreed the abbreviated format led to good discussion and interaction. The Commission supported the 2011 Planning Projects proposed by the staff. OTHER CANCELLATION OF THE MARCH 16, 2011 PLANNING COMMISSION MEETING Chairman Wilmot suggested the cancellation of the Commission's March 16, 2011 meeting, since there were only one or two low -priority items to discuss. She said the April 6, 2011 meeting will be a significant meeting because it will include the public hearing on the Comprehensive Policy Plan. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, the Planning Commission unanimously agreed to cancel their regularly scheduled meeting on March 16, 2011. ADJOURNIVIENT No further business remained to be discussed and upon motion made by Commissioner Kriz and second by Commissioner Thomas, the meeting adjourned at 7:45 p.m. by a unanimous vote. Respectfully submitted, June M. Wilmot, Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Page 2734 Minutes of March 2, 2011 MEMORANDUM TO: Planning Commission FROM: Michael T. Ruddy, AICP 40 - Deputy Director COUNTY of FREDERICK Department of Planting and Development 540/665-5651 RE: 2030 Comprehensive Plan — Planning Commission public hearing DATE: March 21, 2011 FAX: 540/665-6395 The 2030 Comprehensive Plan, The Plan, is presented to the Planning Commission as a public hearing item. Following the public hearing process, a recommendation from the Planning Commission to the Board of Supervisors to adopt the 2030 Comprehensive Plan, would be appropriate at this time. The Draft 2030 Comprehensive Plan is enclosed for your review. At their February 23, 2011 meeting, the Board of Supervisors resolved to direct the Planning Commission to hold a public hearing regarding the 2030 Comprehensive Plan, the Plan. Previously, the Planning Commission and Board of Supervisors, at their February 12, 2011 Retreat, expressed a consensus to move the 2030 Comprehensive Plan forward through the public hearing process. It is anticipated that the 2030 Comprehensive Plan would be presented to the Board of Supervisors for a public hearing on April 27, 2011. The 2030 Frederick County Comprehensive Plan, The Plan, comprehensively addresses the future of Frederick County for its Citizens, underscores building upon its rich history, and furthers the great community which exists in 2010. The Plan is guided by the Vision Statement and Core Values crafted and adopted by the Frederick County Board of Supervisors. The 2030 Comprehensive Plan is the guide for the future of Frederick County and promotes a positive community message. The format of the 2030 Frederick County Comprehensive Plan is clear and concise. The Chapters of The Plan address: Urban Areas, Rural Areas, Residential Development, Business Development, Transportation, Public Facilities, Natural Resources, and Historic Resources. The Plan is supported by two Appendices: Appendix I which includes each of the County's Area Plans, key land use planning documents which implement the policies of the Comprehensive Plan in specific, geographic areas of the County, and Appendix 11 which provides background analysis and studies in support of The Plan. 107 North Kent Street, Suite 202 + Winchester, Virginia 22602.5000 Planning Commission public hearing RE: 2030 Comprehensive Plan March 21, 2011 Page 2 The Planning Commission, through the efforts of the Comprehensive Plans and Programs Committee, worked to update the County's Comprehensive Plan over the past couple of years. Most recently, the Comprehensive Plan was adopted in 2007, with several amendments to the Plan occurring in recent years. The 2030 Comprehensive Plan represents a major change in the format and presentation of the County's Comprehensive Plan. The public outreach for this project has been broad and successful. The Comprehensive Plans and Programs Committee (CPPC) members collaborated with a large group of citizen volunteers to form Working Groups whose goal was to update the various chapters of the Comprehensive Plan. Following an initial kick-off meeting in April 2010, the Working groups met throughout the year. The involvement of community partners and stakeholders provided a greater scope of involvement and expertise than in previous efforts. A public informational and. input meeting was held in December 2010. The purpose of this meeting was to present to the public for their information, the 2030 Comprehensive Plan, and to seek additional input and perspective. Based upon the work of all of the participants, the valuable input received, and the numerous forums for discussion, the 2030 Comprehensive Plan was drafted in the new format and presented to the Board of Supervisors where direction was provided to move the Plan through the public hearing process. The 2030 Comprehensive Plan is available for further review and comment on the County's website. www.co.frederick.va.us Please contact me if you have any further questions. MTR/bad Attachments • '7 COU141,,ITY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: John A. Bishop, AICD, Deputy Director - Transportation RE: Six Year Road Improvement Program Public Hearing DATE: March 22, 2011 This is a public hearing item to consider the update of the Secondary Road Improvement Plan. The Transportation Committee is reviewing this item on March 28, 2011. Attached please find the current draft for your consideration. Please note that the Redbud Road realignment has received partial funding under this plan. There has been no need to reprioritize the Rural Hard surfacing projects this year due to a lack of funding for new projects. Staff is seeking a recommendation for the Board of Supervisors on the plan. Attachments JAB/bad I-07 North Keret Street, Suite 202 • Winchester, Virginia 22601-5000 2.011/12-2016/1' SECONDARY ROAD IMPROVEMENT PLAN for FREDERICK COUN'T'Y, VIRGINIA Frederick County Transportation Committee: Frederick County Planning Commission: Frederick County Board of Supervisors: FREDERICK COUNTY MAJOR ROAD IMPROVEMENT PROJECTS 2011/2012 through 2016/2017 Major road improvement projects command the reconstruction of hardsurfaced roads to enhance public safety. Improvements required for road width, road alignment, road strength, and road gradient are considered major road improvements projects. 2 LLIL- W dH U W yW z p 0 Q} Z WR w �Hwz p9z ; FREDERICK COUNTY 1-tARDSURFACE ROAD IMPROVEMENT PROJECT'S 2011/2012 through 2016/2017 Hardsurface road improvement projects provide impervious resurfacing and reconstruction of non- hardsurfaced secondary roads. Hardsurface improvement projects are prioritized by an objective rating system, which considers average daily traffic volumes; occupied structures; physical road conditions including geometrics, drainage, and accident reports; school bus routing; and the time that project requests have been on the Secondary Road Improvement Plan. W U H LU W +�- F�- Y UJ ¢ °� ULLZ Z w V o ❑ ° ��o < nF U) moa W ¢ u. >>-U a❑ F U �❑ w ¢¢ ❑ w > ❑ ❑ 709 Ridings Mill Road Rt. 735 1.3 Mi. S 130 1.3 miles OP $175,000 2010/ Rural Rustic Rt. 735 11 671 Woodside Road Rt. 11 0.4 East of 50 0.4 miles ST $144,000 UN/SH Potential Rural Rt. 11 Rustic/Funding b Others FREDERICK COUNTY UNSCHEDULED HARDSURFACE ROAD IMPROVEMENT PRG3ECC'S RATINGS UPDATED 2011/2012 through 2016/2017 a� w t,.. z LU z z z o o �9z � z Q �' W�0 °Ir aaU a° o � 1) 709 Ridings Mill Road 1.30 miles south Route 636 130 1.40 OP Rt. 735 miles 2) 676 Warm Springs Route 677 0.83 miles north 230 0.83 ST Road miles 3) 671 Woodside Road Route 669 WV line 250 0.30 ST miles 4) 644 East Parkins Mill Rt. 50 East Clarke County 260 0.81 Road miles SH 76 5) 707 Hollow Road WV Line Rt. 610 200 1.6 BC/GA 73 miles 6) 734 North Sleepy 1.27 Mi. S. W. of 2.27 Mi. S. W. of 140 1.0 GA 73 Creek Road Rt. 522 Rt. 522 mile 7) 692 Pack Horse Road 1.2 Mi. N. E. of Rt. 671 200 1.4 GA 71 Rt. 600 miles 8) 629 Carter Lane Rt. 631 Rt. 625 290 1.8 BC 71 miles 9) 733 Fletcher Road Rt. 50 West Rt. 707 120 1.3 GA 70 miles 10) 638 Clark Road Rt. 625 Rt. 759 70 0.8 SC 69 miles 11) 607 Heishman Road Rt. 600 End of State 100 078 BC 68 Maintenance miles 12) 695 Middle Fork Road 2.3 Mi. N of Rt. WV Line 30 0.9 GA 68 522 miles 13) 677 Old Baltimore Rt. 676 Rt. 672 200 1.2 GA 68 Road miles 14) 634 Cougill Road Rt. 635 Rt. 11 130 0.25 BC 67 miles 15) 612 Fishel Road Rt. 600 Rt. 600 30 1.6 BC 67 miles 16) 629 Laurel Grove Rt. 622 2.5 Mi. W. of 180 2.5 BC 63 Road Rt. 622 miles Canterburg Road Rt. 640 Rt. 641 130 1.5 OP11 E17)636 miles 811 Timberlakes Rt. 671 I End of State 180 0.25 ST 63 Lane I Maintenance miles z z z LLz t�ity 0 ~U a © a� 0 19) 661 Wright Road Rt. 669 WV Line 140 1.84 ST 61 miles 20) 636 Huttle Road Rt. 709 Rt. 735 150 1.1 OP 60 miles 21) 730 Babbs Mountain Rt. 654 Rt. 677 50 0.9 GA 59 Road miles 22) 696 South Timber Rt. 522 Rt. 694 130 1.3 GA 56 Ride Road miles 23) 616 McDonald Road Rt, 608 Mid -Int. 0.44 Mile N. Rt. 85 0.45 BC 41 608 miles 24) 682 Glaize Orchard Rt. 608 Rt. 671 200 1.54 GA NA Rd Miles 25) 685 Light Road Rt. 600 Rt. 681 GA NA 26) 731 Cattail Road Rt. 608 Rt. 654 GA NA COUNTY of FREDERICK v Department of Planning and Development MEMORANDUM 540/665-5651 FAX: 540/665-6395 To: Frederick County Planning Commission From: Candice E. Perkins, AICP, Senior Planner N Subject: Public Hearing — Minor Revisions to the Rural Areas Requirements Date: March 14, 2011 Staff has been informed that there are some minor revisions necessary to Chapter 165 -Zoning and Chapter 144-Subdvision of Land, to correct ordinance sections that should have been changed when the rural areas changes were adopted in December of 2009. The first proposed change is to § 165-401.07 Setback requirements. This change is necessary to clarify that setback requirements apply to all lots in the RA Zoning District (conforming or non- conforming in lot size). The second proposed change is to eliminate a reference to 40% preservation tracts in the Subdivision Ordinance. The item was presented to the Development Review and Regulations Committee (DRRC) at their meeting on January 27, 2011. The DRRC endorsed the changes and recommended it be sent to the Planning Commission for discussion. The Planning Commission discussed the changes at their meeting on February 2, 2011. The Planning Commission agreed with the proposed amendment and recommended that the changes be forwarded to the Board of Supervisors for discussion. The Board of Supervisors discussed this item at their February 23, 2011 and ultimately sent the amendment forward for public hearing. The attached document shows the proposed additions and deletions discussed by the Board of Supervisors. A recommendation from the Planning Commission on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Revised ordinance with eliminated text in strikethrough and added text in bold underlined italics. CEP/bad 107 North Rent Street, Suite 202 6 Winchester, Virginia 22601-5000 Attachment 1 DRRC Endorsed 1/27/2011 PC Discussed 2/5/2011 1305 Discussed 2/23/2011 ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401— RA Rural Areas District § 165-401.07 Setback requirements. The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District. A. T-Faditienal five -aere let-,; a -Rd family divisien lets. Setbacks fFem traditional five aere 'At-,-; and far'qily d �.s;�lots--setbacks for all lots other than rural preservation lots shall be as set out below. Chapter 144 -Subdivision of Land ARTICLE VI Plan Requirements § 144.34. Certification required. All subdivision design plans and final plats shall be prepared by a registered engineer or certified surveyor duly licensed by the State of Virginia, who shall practice within the limits of his license. § 144-35. Preliminary sketches. The following items shall be shown on the preliminary sketch unless waived by the Subdivision Administrator: H. Location of common open space or 40 60 % of parcel to remain intact and all environmental features, including prime agricultural or locally significant soils as defined by Chapter 165, Zoning. COUNTY of FREDERICK Department of Planning and Development MEMORANDUM 540/665-5651 FAX: 540/665-6395 To: Frederick County Planning Commission From: Candice E. Perkins, AICP, Senior Planner Ik Subject: Discussion — Public Hearing Requirements for Proffers Date: March 14, 2011 Staff has been informed that a change to the Zoning Ordinance is appropriate to enable a new State Code provision in regards to proffer revisions. The Code of Virginia contains enabling legislation that allows the Board of Supervisors to waive the public hearing requirement for proffer revisions when the proposed revision does not affect conditions of use or density. The item was presented to the Development Review and Regulations Committee (DRRC) at their meeting on January 27, 2011. The DRRC endorsed the changes and recommended it be sent to the Planning Commission for discussion. The attached document shows the existing ordinance with the proposed changes supported by the DRRC. This item is presented for discussion. Comments and suggestions from the Planning Commission will be forwarded to the Board of Supervisors. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Code of Virginia Reference. CEP/bad 107 forth Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Attachment 1 DRRC Endorsed 1/27/2011 PC Discussed 4/6/2011 § 165-102.06 Conditional rezoning. The applicant for a rezoning may proffer in writing, before the public hearing by the Board of Supervisors, conditions to be placed on the approval of the rezoning. A. Procedures. Proffers shall be presented to and considered by the Planning Commission at the advertised public hearing for the rezoning. The Planning Commission shall make a recommendation on the acceptance of the proffers and the rezoning to the Board of Supervisors following the procedures described for amendments to this chapter. Proffers shall be received in writing, signed by the owner and applicant, at least five (5) days prior to the advertised hearing of the Board of Supervisors. 1) The Board of Supervisors may amend proffers once the public hearing has begun, or thereafter, if the amended proffers do not affect the conditions of use or density in such a way as to make the use or density of the property more intense than originally proposed. Once proffered and accepted as part of an amendment to the zoning ordinance, the conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by the conditions. However, the conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance. 2) Proffer Amendments. In accordance with § 15.2-2302 of the Code of Virginia when an amendment to a previously approved proffered condition is requested by the profferor, and where such amendment does not affect conditions of use or density, the Board of Supervisors may waive the requirement for a public hearing. Once so amended, the proffered conditions shall continue to be an amendment to the zoning ordinance and may be enforced by the zoning administrator pursuant to the applicable provisions of this Chapter. Attachment 2 Code of Virginia § 15.2-2302. Same; amendments and variations of conditions. There shall be no amendment or variation of conditions created pursuant to the provisions of § 15.2-2297 until after a public hearing before the governing body advertised pursuant to the provisions of § 15.2-2204. However, where an amendment to proffered conditions is requested by the profferor, and where such amendment does not affect conditions of use or density, a local governing body may waive the requirement for a public hearing (i) under this section and (ii) under any other statute, ordinance, or proffer requiring a public hearing prior to amendment of conditions created pursuant to § 15.2-2298 or 15.2-2303. Once so amended, the proffered conditions shall continue to be an amendment to the zoning ordinance and may be enforced by the zoning administrator pursuant to the applicable provisions of this Chapter (§ 15.2-2200 et seq.). (1978, c. 320, § 15.1-491.6; 1997, c. 587; 2009, c. 315.)