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Home My WebLink AboutPC 12-07-11 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia December 7, 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) October 19, 2011 Minutes................................................................................................ (A) 3) Committee Reports.................................................................................................. (no tab) 4) Citizen Comments..............................................................•.......................•............. (no tab) COMMISSION DISCUSSION 5) Tasker Road Comprehensive Policy Plan Amendment (CPPA) — An 11.35 acre change in Land Use Classification from Institutional to Residential. The property is located on the east side of Tasker Road and north of Rutherford Lane, approximately 0.7 miles south of I-81 exit 310 interchange in the Shawnee Magisterial District. Mr. Ruddy........................................................................................................................ (B) 6) Draft 2012-2013 Capital Improvements Plan (CIP) Mr. Ruddy........................................................................................................................ (C) 7) Ordinance Amendment — Chapter 165 Zoning, Article I General Provisions, Amendments, and Conditional Use Permits, Part 101 General Provisions, 165-101.02 Definitions and Word Usage; Article II Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 204 Additional Regulations for Specific Uses, 165-204.07 Government Services Office; Article IV Agricultural and Residential Districts, Part 401 RA Rural Areas District, 165-401.02 Permitted Uses; and Part 402 RP Residential Performance District, 165-402.02 Permitted Uses - Revisions to include additional the deletion of "Government Services Office", addition of supplemental use regulations for public buildings, and additional permitted uses in the RA and RP Zoning Districts. Mrs. Perkins...................................................................................................................... (D) 8) Annual Review of the Planning Commission Bylaws and Rules and Regulations Mr. Lawrence................................................................................................................... (E) 9) Other FILE COPY MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on October 19, 201 L PRESENT: 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; Christopher M. Mohn, Red Bud District; Philip E. Lemieux, Red Bud District; Nate Adams, City of Winchester Planning Commission Liaison; and Rod Williams, County Attorney. ABSENT: June M. Wilmot, Chairman/Member at Large; Greg L. Unger, Back Creek District; Kevin O. Crosen, Back Creek District; STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning Administrator; Candice E. Perkins, Senior Planner; Dana M. Johnston, Zoning Inspector; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Vice Chairman Thomas 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 October 19, 2011, Planning Commission agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of September 7, 2011 were unanimously approved as presented. COMMITTEE REPORTS Historic Rescources Advisory Board (HRAZ)—10/18/11 Mtg. Commissioner Kriz reported the following three items on the HRAB's agenda: 1) discussion of a proposed CUP for an AT&T cell tower located on Back Mountain Road, between Shawneeland and Wildacres; no decision was made because more information is needed from AT&T; Frederick County Planning Commission Page 2804 Minutes of October 19, 2011 -2- 2) approved a historic property designation plaque for the Glass -Rinker -Cooper Mill at 2431 Cedar Creek Grade; and 3) reviewed what was presented from the HRAB to the Historic Resources, Public Facilities and Natural Resources Working Group of the Senseny/Eastern Frederick Urban Area Plan. Senseny/ Eastern Frederick Urban Area Plan (SEFUAP) —10/18/11 Weekly Update Commissioner Kriz reported the SEFUAP is the urban area plan for the 16,000 acres east of Winchester. Commissioner Kriz said the work groups are entering their third week of meetings and it appears all things are proceeding well. He said each group has established standing meeting dates and times and Deputy Planning Director, Mike Ruddy, will post work group meeting summaries on the webpage for all to access. He noted that the public is able to follow the progress or they can make comments by accessing the Frederick County Webpage and clicking on the Senseny button at the bottom of the page. On November 2, at 7:00 p.m., there will be a work group facilitator meeting to share progress reports, identify issues and topics that might overlap or conflict among other work groups, and find resolution on any conflict issues. Commissioner Kriz thanked all the participants working to develop a good urban area plan for this area of the County. Economic Development Commission (EDC) - 10/14/11 Conference Commissioner Madagan reported that in lieu of the EDC's regular monthly meeting, a conference was held. Ms. Liz Povar, with the Virginia Economic Development Partnership, described the State's recruiting efforts for economic development and their strategies and targeted business sectors. Commissioner Madagan said most of Ms. Povar's discussion was in line with what Frederick County has already been doing and she indicated that the Winchester -Frederick County Economic Development Commission is used as a model in other areas of the State. City of Winchester Planning Commission —10/18/11 Mtg. The Chairman of the Planning Commission for the City of Winchester, Mr. Nate Adams, reported that the Commission is in the process of rezoning along the Amherst Street corridor, between the medical center and James Wood Middle School from low-density residential to ROI to make it more compatible with the Comprehensive Plan recently adopted. Mr. Adams believed this to be an area of future development and more rezoning requests along that area are anticipated. Mr. Adams said work is continuing esoterically to redevelop the City of Winchester to make it more economically viable, to make it more attractive, and to re -use old properties. Mr. Adams said the City is looking at discarding some of the Euclidean zoning and moving towards a forum -based zoning by looking at the aesthetics of the buildings as opposed to the uses. He noted this has a lot of potential and he anticipated seeing more of this within the next year. Frederick County Planning Commission Page 2805 Minutes of October 19, 2011 -3 - CITIZEN COMMENTS Vice Chairman Thomas called for citizen comments on any issue not on this evening's agenda. No one came forward to speak and Vice Chainnan Thomas closed the citizen comment portion of the meeting. PUBLIC HEARING Conditional Use Permit #09-11 of Sarah Hott for a cottage occupation for a hair salon at 99 Plantation Drive. This property is identified with P.I.N. 65B -4-A-9 in the Red Bud Magisterial District. Action — Recommended Approval with Conditions Zoning Inspector, Dana Johnston, reported this application would allow a cottage occupation for a hair salon in a residential zoning district. Mr. Johnston said the proposed use will take place on a half -acre parcel within the applicant's dwelling in a 23 -foot by I I -foot room accessed by an exterior door leading to a paved driveway. He noted there is adequate parking and a paved turn -around area. He said the hair salon is equipped with one hair salon sink and two hair salon chairs. No signs will be posted with this conditional use permit. Mr. Johnston said the staff believes this use would not have any significant impacts on the adjoining properties, based on the limited scale of the proposed use and the evaluation of the property. Mr. Johnston next read a list of recommended conditions, should the Commission find the use to be appropriate. The applicant/owner, Mrs. Sarah R. Hott, was available to answer questions from the Commission. Mrs. Hott said she is currently self-employed and rents a station at a local salon. She said the ability to move her business into her home with already established customers is the next logical step, as a business owner. Commissioner Manuel asked Mrs. Hott if she understood and was agreeable to all the conditions recommended by the staff, particularly to the number of customers per day. Mrs. Hott believed eight customers per day was adequate because it was not her goal to employ another person. She said if there was ever to be another employee, it would probably be a shampoo girl who would not have customers of her own. Vice -Chairman Thomas opened the public hearing to citizen comments and called for anyone wishing to speak concerning this conditional use permit application. No one came forward and Vice -Chairman Thomas closed the public comment portion of the hearing. No other issues or concerns were raised by Commission members. Upon motion made by Commissioner Lemieux and seconded by Commissioner Mohn, Frederick County Planning Commission Page 2806 Minutes of October 19, 2011 -4 - BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit #09-11 for Sarah Hott for a cottage occupation for a hair salon at 99 Plantation Drive with the following conditions: All revie`v agency comments and requirements shall be complied with at all times. 2. No signage allowed with this conditional use permit. Hours of operation shall be permitted from 9:00 a.m. to 5:00 p.m., Monday through Saturday. 4. Hair salon is limited to eight customers per day. 5. Other than the applicant, one other employee is permitted. Any expansion or change of use shall require a new conditional use pen -nit. COMMISSION DISCUSSION Discussion of a proposed amendment to the Frederick County Code, Chapter 165, Zoning, Article I, General Provisions, Amendments, and Conditional Use Permits, Part 101, General Provisions, Chapter 165-101.02, Definitions and Word Usage; Article H, Supplementary Use Regulations, Parking, Buffers and Regulations for Specific Uses, Part 201, Supplementary Use Regulations, 165- 201.08, Protection of Environmental Features — Riparian Buffers. This proposed ordinance amendment will provide revisions to the riparian buffer requirements of the Frederick County Zoning Ordinance. No Action Required Senior Planner, Candice E. Perkins, reported this item is a discussion on a proposed ordinance amendment to revise the riparian buffer requirements. Ms. Perkins said this proposed amendment originated as a request from a private party for the Development Review & Regulations Committee (DRRQ to review. She explained the primary revisions pertain to the disturbance of riparian buffers, particularly the disturbance of riparian buffers by private utilities, access to properties, buffer restoration, creation of wetlands, creation of trails, as well as a proposed revision to allow parks with a Planning Commission waiver. Also included with this amendment are two definition revisions for "road" and for "street" by striking the word, "existing" from the definitions. Ms. Perkins said the DRRC reviewed this proposed amendment at their July and September, 2011 meetings and at their September meeting, the DRRC endorsed the amendment and sent this forward to the Planning Commission for discussion. Commission members who were also DRRC members said this proposed amendment was discussed at two separate meetings and the applicant was satisfied with the final result. Other members could see no issues with the proposed amendment. Frederick County Planning Commission Page 2807 Minutes of October 19, 2011 -5 - Discussion of a proposed amendment to the Frederick County Code, Chapter 165, Zoning, Article 11, Supplementary Use Regulations, Parking, Buffers and Regulations for Specific Uses, Part 204, Additional Regulations for Specific Uses, 165-204.19 Telecommunications Facilities, Commercial. This proposed ordinance amendment consists of revisions to the commercial telecommunications facilities in the Frederick County Code. No Action Required Senior Planner, Candice E. Perkins, reported this item is a discussion on a proposed ordinance amendment to revise the supplemental use regulations that pertain to commercial telecommunication facilities. Ms. Perkins said the primary changes proposed with this amendment are changes to the introductory language to include recognition of a 2232 review, which is a State Code Comprehensive Plan Compliance Review. She said there is additional language which states there must be a need for the facility, as well as clarification of the co -location requirements. Specifically, this change states the effort should extend to buildings and structures, not solely other telecommunications facilities. Ms. Perkins stated the Development Review & Regulations Committee (DRRC) reviewed this proposed amendment at their September, 2011 meeting. The DRRC endorsed the proposed amendment and sent it forward to the Planning Commission for discussion. Commissioner Mohn stated the changes were good and improved the ordinance. No other issues were raised or comments made. CANCELATION OF THE COMMISSION'S NOVEMBER 2, 2011 MEETING Vice Chairman Thomas announced there were no pending items for the Planning Commission's November 2, 2011 meeting. Upon motion by Commissioner Kriz and second by Commissioner Triplett, the Commission unanimously voted to cancel the November 2, 2011 meeting. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 7:20 p.m. by a Respectfully submitted, Roger L. Thomas, Vice -Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Page 2808 Minutes of October 19, 2011 COUNTY of FREDERICK iDepartment of Planning and Development 540/665-5651 FAX: 540/665-6395 TO: Frederick County Planning Commission FROM: Michael T. Ruddy, AICP Deputy Director DATE: November 21, 2011 RE: Discussion: CPPA #01-11, Tasker Road, Parcel 86 On November 14, 2011, the Comprehensive Plans and Programs Committee (CPPA Executive Committee reviewed CPPA #01-11, Tasker Road, Parcel 86 and recommended approval of the Comprehensive Plan amendment for a change in the land use designation of this property from institutional to residential. The CPPC expressed their desire to see further efforts in providing the best and safest access to the site at the time the property would develop, including inter parcel connectivity. This is a Planning Commission discussion which will provide an opportunity for the collective review of this request and additional input for the Board of Supervisors when they consider this request. Request. CPPA #01-11, Tasker Road, Parcel 86 — 11.35 acre change in Land Use Classification from Institutional to Residential. The property is located on the east side of Tasker Road and north of Rutherford Lane, approximately 0.7 miles south of I-81 exit 310 interchange. CPPA Name of Request Magisteria Type of Request Proposal Acreage Number 1 District #01-11 TASKER ROAD Shawnee Change in land Institutional - 11.35 - Parcel 86 use designation Residential 107 North ;dent Street, Smite 202 o Winchester, `! rginia 22601-5000 Planning Commission Discussion: CPPA #01-11 November 21, 2011 Page 2 Current land use classification - Institutional The Frederick County Zoning Ordinance defines institutional use as follows: INSTITUTIONAL USE A nonprofit or quasi -public use or institution, such as a church, library, public or private school, hospital or municipally owned or operated building, structure or land used for public purposes. Proposed land use classification — Residential The Frederick County Zoning Ordinance enables a broad variety of residential housing types within the residential zoning districts. The 2030 Comprehensive Plan, Residential Development Chapter, provides the following future focus for residential development. This future focus is further guided by several policies and implementation methods. FUTURE Focus Future residential growth in Frederick County is anticipated to continue and expand. The County must ensure that land use policies are established to adequately direct and shape that growth to guarantee that it is positive for the community and located in areas that are capable of accommodating that growth. While new residential growth is expected in both the rural areas and the urban areas, new residential growth should be focused primarily with the urban areas of the County. The UDA is better able to accommodate higher density growth and is able to provide public services to those new residents. The County should continue to establish policies which result in high quality residential neighborhoods which are able to accommodate a growing population and expanding workforce. Such residential development should be comprised of a mixture of housing types and lot sizes to provide options for a range of lifestyles and incomes. The land use policies of the Urban Areas will further guide this residential development and community growth. In the Urban Area, the long-term livability of residential neighborhoods will be enhanced by sustainable development practices that incorporate the principles of Neighborhood Design and Green Infrastructure elements into the community. CP10C 08/08/11 and 11114/11 The CPPC initially evaluated the request and discussed the following issues: • Transportation - Access to Tasker Road and Rutherford Lane. • Compatibility of Uses — Adjacent residential properties, commercial uses, and institutional uses. • Design Standards — Visibility from Tasker Road and Interstate 81 and integration with adjacent uses. • Potential Impacts — Impacts on resources, infrastructure, and community facilities. The CPPC expressed significant concern regarding access to this site directly from Tasker and Rutherford Lane and stated that further study of the access elements of this request is warranted, including a review and input from VDOT. VDOT's perspective would provide additional insight as to the appropriate way to access this site, either through the existing adjacent state roads or through the adjacent properties. Staff received the following input from VDOT: We would ask at the rezoning stage that the proposed development do any upgrades to ensure current intersection. sight distance requirements are met at Rutherford Lane and Tasker Road. We will also ask that turn lanes on Tasker Road be provided if warranted. Matthew B. Smith, P.E. Area Land Use Engineer Background. The Planning Commission and Board of Supervisors held their respective discussions on the request at regularly scheduled meetings this summer. Following the Commission's discussion and recommendation, the Board determined that this request warranted additional study and formal action through the public hearing process. The Board of Supervisors agreed with the consensus of the Commission to move forward with the study of this request and to enable this to be done independent of the Senseny Road/Eastern Frederick County Study. Please find attached with this agenda item: a location map identifying the property, a conceptual access plan provided by the applicant, and the CPPA application. Please contact the Planning Department should you have any questions regarding this information. Attachments MTR/bad v, q,*' V 40 75 A 11I SMITH CREEK LLC 9, }> N 75 A 86C THE HALL PARTNERSHIP II LLC 75 A 86A RUTHERFORD GARY D & CAROLYN S 1 At " 2' 'eSabkl 1 75 A 87C AGAPE CHRISTIAN FELLOW City of 4 racheeer 1 City of Stephen 1ty CPPA # 01 - 1 1 Note: Frederick County Dept of Tasker Parcel - 86 Planning & Development PIN: 75 - A - 86 N Kent St Suuitit e 202 To Reclassify Parcel Winchester, VA 22601 from institutional use to residential use. 540 - 665 - 5651 Map Created: June 20, 2011 Staff: mruddy 0 50 100 200 Feet Application 13 Parcels Long Range Land Use Rural Community Center Residential Mixed Use Age Restricted k Mixed -Use Business Mixed Use Commercial \ Office Highway Commercial x.. Industrial Mixed Use Industrial \ Office Urban Center Neighborhood Village Planned Unit Development Recreation Natural Resources & Recreation Open Space Institutional Historic \ DSA }> N 75 A 86C THE HALL PARTNERSHIP II LLC 75 A 86A RUTHERFORD GARY D & CAROLYN S 1 At " 2' 'eSabkl 1 75 A 87C AGAPE CHRISTIAN FELLOW City of 4 racheeer 1 City of Stephen 1ty CPPA # 01 - 1 1 Note: Frederick County Dept of Tasker Parcel - 86 Planning & Development PIN: 75 - A - 86 N Kent St Suuitit e 202 To Reclassify Parcel Winchester, VA 22601 from institutional use to residential use. 540 - 665 - 5651 Map Created: June 20, 2011 Staff: mruddy 0 50 100 200 Feet .5 UN . ALLOWED 5 ITB/AC I I i 82 UNfi9 ALLOWED ,.-.-o-�y-a-�><, .; . t.�... . � .. �-r•� /� —jam 1�.---� r ' • .na c I SCALE t ee• r�• ar .. PR6iF55i0!N1 6F,LL PRWECf TRIE 9E9pN sU9�'EY DAVE HOLLIDAY Patten Harris RNet L Assoslatesrpc �M CONSTRUCTION CO. INC. CONCEPTUAL SITE PLAN En9lneen. Survay6re. Plannan. landacope Ar6hltaeta. ,.,,v ��w.+...:. CPPA y� p II7 E. Pleeaapy 5lreel, svNe 200 0� KLAf 0.`SEPi, 23, 2011 �- \` Wlnch.0 , VA 226UI cN5cn59 RAM srri5 1" < 50' N0. DESCPoP66N wrs mvs9 s vro .wav6 w75 SHAWNEE MAGISTERAL DISTRICT T 546.667.209 sxm ntc No. REV7510N FREDERICK COUNTY, VARGINIA F 540.66].649] 1 OF 1 16724-1-0 Mike Rudd From: Smith, Matthew, P.E. [Matthew.Smith@vdot.virginia.gov] Sent: Wednesday, October 12, 20119:19 AM To: Mislowsky, Ronald; Mike Ruddy Cc: John Bishop; Dave Holliday (E-mail) Subject: RE: Tasker Road CPPA amendment Ron, We would ask at the rezoning stage that the proposed development do any upgrades to ensure current intersection sight distance requirements are met at Rutherford Lane and Tasker Road. We will also ask that turn lanes on Tasker Road be provided if warranted. Thanks, Matt 1Vlattheiv B. Smith, P.E. Area Land Use Engineer VDOT - Land Development Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 Phone # (540) 984-5695 Fax # (540) 984-5807 _ From: Mislowsky, Ronald jmailto:RMislowskyCabPennoni.com) Seat: Thursday, September 29, 20113:54 PM To: Mike Ruddy; Smith, Matthew, P.E. Cc: John.Bishop; 'Dave Holliday (E-mail)' Subject: Tasker Road CPPA amendment Mike had requested that we prepare an exhibit showing how the site might be accessed to address a concern expressed by the County Board. Our plan would be to access and improve Rutherford Lane, an existing state road, generally as shown on the attached plan. I'd be happy to meet to review any comments or questions that you might have. Ronald Mislowsky Vice President Patton Harris Rust & Associates A Pennon! Company 117 East Piccadilly Street Winchester, VA 22601-5002 Office 540-667-2139 x8123 Fax 540-665-0493 1 Mobile 540-664-2110 http:/1www.phra.com 1 Wislowskv@pennoni.com Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street Pt_4R+A Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Organ izationlCompany: From: Date: Project Name/Subject: cc: Eric Lawrence, AICP, Director Frederick Countv Plamu inv 2 � FP n nn Memorandum Ron Mislowsky, ISE` J, May 27, 2011 Comprehensive Policy Tasker Road.. Parcel 86 Plan Amendment Tax Map Parcel 75-A-86 of 11.4 acres lies on the east side of Tasker Road and north of Rutherford Lane, approximately 0.7 miles south of the 1-81 interchange 310. Water and sewer lines are within close proximity. The site is bounded by commercial uses to the north and residential uses to the east. The lands to the south, across Tasker Road, are vacant but zoned residential. Currently, the comprehensive plan classifies the northern portion of this site as institutional, a designation that extends to the north onto the Agape church site. Unfortunately, the owner can find no description of the institutional use within the comprehensive plan. We believe the best use of the property would be residential and ask that the Eastern Frederick County Long Range Land Use Plan be revised to classify this parcel as such. The owner has investigated the possibility of some type of commercial use on the property. However, the considerable slope across the site, from west to east, make use of the site for a commercial or retail use difficult especially when vacant commercial parcels, without grading challenges exist on both ends of Tasker Road. The same site slope constraints would also restrict the feasibility of an institutional use, assumed to be schools or churches. We have attached the completed application and the required fee of $3,000.00. Additionally, please find two exhibits. One represents the existing comprehensive plan classifications and the other depicts the revised boundaries which are being requested. We appreciate your acceptance of this application and look forward to a presentation before the Comprehensive Plans and Programs Committee and then the Planning Commission and Board of Supervisors. Please let me know if you have any questions. 0 2011 COMPREHENSIVE POLICE' PLAN AMENDMENT INITIATION REQUEST FORM (Please type all information. The application will not be deemed complete unless all items listed below have been submitted.) Owners Information: 1. Name: Shawnee Village LC, c/o Dave Holliday Construction, Inc. 2. Project Name: Tasker Road, Parcel 86 3. Mailing Address: 420 W. Jubal Earl Drive, Suite 103 Winchester, VA 22601 4. Telephone Number: (540) 667-5414 - Authorized Agent Information: 1. Name: Patton Harris Rust & Associates 2. Project Name: Tasker Road, Parcel 86 3. Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 540) 667-2139 4, Telephone Number: (— Legal interest in the property affected or reason for the request: Owner requests clarification of appropriate use as identified on the current comprehensive plan to guide future development. I C. Proposed Comprehensive Policy Plan amendment - please provide the following information. 1. FOR A MAP AMENDMENT 75 -A -8s Magisterial District: Shawnee b. Parcel size (approximate acres): 11.35 Acres C. Plat of area proposed for CPPA amendment, including metes and bounds description. d. Existing Comprehensive Plan land use classification(s): The northern portion of the site is classified Institutional. The remainder appears to be unclassified. e. Proposed Comprehensive Plan land use classification(s): Residential f. Existing zoning and land use of the subject parcel: RA g. What use/zoning will be requested if amendment is approved? Currently the owner has no plans to rezone the property. h. Describe, using teat and maps as necessary, the existing zoning, Comprehensive Policy Plan designations, and/or approved uses and densities along with other characteristics of properties that are within: a 1/4 mile from the parcel(s) perimeter if the parcel is less than. 20 acres in size; See attached exhibits. 0 1/2 mile if 21 - 100 acres in size; or 0 1 mile if more than 100 acres in size. Note: Colored maps cannot be duplicated in the Planning Department, i. The name, mailing address, and parcel number of all property owners within 200 ft. of the subject parcel(s), with Adjacent Property Owners Affidavit (page 8). 2. FOR A TEXT AMENDMENT NA a. Purpose and intent of amendment. b. Cite Plan chapter, goal, policy and/or action strategy text that is proposed to be amended. C. Proposed new or revised text. Note: Please attach and specify text changes with additions underlined and deletions crossed through. d. Demonstrate how the proposal furthers the goals, policies/objectives, and action strategies set forth in the Comprehensive Policy Plan chapter(s) relative to the amendment request and why proposed revisions to said goals, policies, and action strategies are appropriate. e. Demonstrate how the proposal is internally consistent with other Comprehensive Policy Plan components that are not the subject of the amendment. f. What level of service impacts, if any, are associated with the request? Z 3. FOR ALL AM ENDMMN'PS a. Justification of proposed Comprehensive Policy Plan amendment (provide attachments if necessary). Describe why the change to the Comprehensive Policy Plan is being proposed. The institutional classification found to the north has no description within the comprehensive plan. Due to the grades on the site which slope considerably from west to east, an extension of commercial uses from the north, or an institutional use is not feasible. The best use of the property would be an extension of the residential uses which lie to the east. b. How would the resultant changes impact or benefit Frederick County. Consider, for example, transportation, economic development and public facilities. It would benefit the County to utilize lands within the UDA to their fullest extent possible. This site is located within close proximity of the 1-81 310 interchange providing quick access to medical and commercial uses located along VA Route 37 as well as libraries, schools and parks located to the east and south. Sewer and water lines are located adjacent to the site. Direct access to Tasker Road is not required as the site has frontage on Rutherford Lane, VA Route 846. Other information may be required by the Director of Planning, the Planning Commission, or Board of County Supervisors during the review of the initiation request. The applicant will be notified, in writing, if additional information is required. All applications must also contain the following items: 1. Special Limited Power of Attorney Affidavit (see page 9 if parcels of land are involved). 2. Non -Refundable Application Review Fee of $3,000 (payable to the Frederick County Treasurer). Applicants should consult the Comprehensive Policy Plan to identify goals; policies or action strategies which are applicable to individual Comprehensive Policy Plan amendment requests. Signatures: I (we), the undersigned, do hereby respectfully make application to and petition the Frederick County Board of Supervisors to amend the Comprehensive Plan. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): i Date: ° Owner(s): \.�", Date: �_ %% Adjoining Property Owners Tasker Road, Lot 86 — 2011 CPPA Name Address Property Identification Number (PIN) Name: Winifred W Hack ETALS c/o HackWDods LLC 974 Tasker Road Pro ert #: 75 A 78 Stephens City, VA 22655 Name: John L Boyd 521 Tasker Road Property it: 75 A 78C Stephens City, VA 22655 Name: Gary D & Carolyn S Rutherford 163 Rutherford Lane Pro eft #: 75 A 86A Stephens City, VA 22655 Name: The Hall Partnership II LLC 3763 Tasker Road Property #: 75 A 86C Stephens City, VA Name: Agape Christian Fellowship 199 Agape Way Property#: 75 A 87C Stephens City, VA 22655 Name: Property #: Name: Property #: Name: Property #: Name: Property #: Name: Property#: Name: Property #: Name: Property #: Name: Property #: Name: Property #: Name: Pro ert #: Attachment 1 (TO BE COMPLETED BY APPLICANT) SUBJECT PROPERTY OWNERS AEFIDAF;TIT County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6345 STATE OF VIRGINIA COUNTY OF FREDERICK This �� ° day of VAA y (Day) (Month) ( Year) I, Patton Harris Rust_ & Associates (Owner/Contract Purchase uthorized Ag --en hereby make oath that the list of property owners of the subject site, as submitted with the application, is a true and accurate list based on the information provided by the Frederick County Commissioner of the Revenue Office as taken from the current real estate assessment records. ntract Purchase uthorized Ag t (circle one COMMONWEALTH OF VIRGINIA. County of Subscribed and sworn to before me this --36 - 36-M day of /-n i �' 0 1 p it my County and State aforesaid, by the forenamed Principal. NOTARY PUBLIC My Commission expires: reh g (.14tw a h a A 0 1 (Zc-q, 1574°7Y 8 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website. www.co.frederickva.us Department of Planning & Development, County of Frederick, Virginia 107 North Dent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Shawnee Village LC c/o Dave Holliday Construction, Inc. (Phone) (540) 667-5414 (Address) 420 W. Jubal Earl Drive, Suite 103, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Properly") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 17570 on Page Tax ivlap Parcel 75-A-86 do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates and is described as Subdivision: (Address) 117 E. Piccadilly Street, Suite 200, Winchester, VA 22601 (Phone) (540) 667-2139 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, ine.111d;ng: Rezoning (including proffers) Conditional Use Permit _Master Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal X Comprehensive Policy Pian Amendment My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (weave hereto sett ( ) hand and seal this Z 15" day of tAA 4 , 201 , S ignature(s) State of Virginia, City/gwfnty of To -wit: i( LIrl t r u _f , a Notary Public in and for the jurisdiction aforesaid, certify that `the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this day of f-, l - 4 , 20 11 ( r(,,:, t:. �---`t%_ ,��.:. �.... -.._-- n Expires: � i i My Commissio Notary Public • • 11 00UNTY of FREDERICK Department of Planning and Developinent 540/665-5651 FAX: 540/665-6395 TO: Frederick County Planning Commission FROM: Michael T. Ruddy, AICP Deputy Director DATE: November 21, 2011 RE: Discussion: 2012-2013 Capital Improvements Plan (CIP) On November 14, 2011, the Comprehensive Plans and Programs Committee (CPPC) Executive Committee met with County Department and Agency representatives to discuss their individual capital improvement project requests, including new projects and modifications to previous requests, associated with the 2012-2013 Capital improvements Plan (CIP). The role of the CPPC in the CIP process was to ensure that the various departmental project requests are in conformance with the County's Comprehensive Policy Plan. The evaluation and prioritization of departmental projects was presented by the Parks and Recreation Department and provided by the other individual County departments and agencies and staff. Also provided was a projected cost for each project as required by the Code of Virginia. The CPPC discussion was typically knowledgeable. Focus was once again placed on enhancing the connection between the CIP and potential proffered contributions made with rezoning projects. The connection between the CIP and the 2030 Comprehensive Plan, and the Area Plans is also reinforced. This effort is highlighted through the effort of the Parks and Recreation Department and their identification of their comprehensively planned parks, and a new project which promotes the Abrams Creek Greenway Trail. It should be noted that CIP projects have generally been adjusted in recognition of current growth trends and to be reflective of the current economic climate. The Winchester Regional Airport has several new projects. In addition, two new items have been requested by Parks and Recreation for inclusion in this year's CIP. 197 North Kent Street, Srite 2,92 o Winchester,'darginia 22601-50€10 Planning Commission Discussion: 2012-2013 CIP November 21, 2011 Page 2 Following the CPPC discussion, the CPPC Executive Committee endorsed the 2012-2013 CIP and endorsed its conformance with the County's Comprehensive Policy Plan. The CPPC Executive Committee forwarded the CIP to the Planning Commission for discussion. It is requested that the Planning Commission and Board of Supervisors consider the proposed 2012-2013 Capital Improvements Plan as a discussion item prior to the CIP's advertisement for public hearing. This discussion will provide a valuable opportunity for the collective review of proposed capital projects while also allowing the Commission and Board the ability to determine if additional information or analysis is needed in advance of final consideration of the CIP. It is the role of the Planning Commission to affirm that the 2012-2013 CIP is in conformance with the Comprehensive Policy Plan. Please find attached with this agenda item: a summary of the proposed 2012-2013 CIP in table form, and a draft copy of the proposed 2012-2013 CIP maps illustrating the known locations of the CIP requests. More detailed information regarding the individual department requests is available digitally and may be forwarded to you directly if requested. If adopted, the CIP and included maps will ultimately become a component of the Comprehensive Policy Plan, which would satisfy the review requirement of Section 15.2- 2232 of the Code of Virginia, which states that no public facility shall be constructed unless said facility is a "feature shown" within a jurisdiction's comprehensive plan. Please contact the Planning Department should you have any questions regarding this information. Attachments MTR/bbad County Total Project Department PriorityCount Contribution Per Fiscal Year Contributions Notes Costs 2013- 2014- 2015- 2016 - Projects 2012-2013 2014 2015 2016 2017 2017+ Ensuing Fiscal `tear Year 2 Year 3 Year 4 Year 5 Beyond Year 6+ Public Schools Full Day Kindergarten Classroom Additions tBH,EV.R8,ST) v"000,000 $5,000,000 $5,000,= Fourth High School $61,000,000 $61,000,000 $61,000,000 Replacement Frederick County Middle School $34,000,000 $34.000,.000: $34,000,000: Robert E. Aylor Middle School Addition and Renovation $22,000,000 $22,000,000 $22,000,000 James Wood High School Renov TBI) TBD' 7 trD Sherando High School Parking Lot & Softball Field Improvements TSD TBD TBD Apple Pie Pidge Elementary Phase 2 Rrraovation $6,000,000 $5,000,000 $5,000,000 FCPS Admin. Office Exp/Renov. TBD TBD TBD Bass Hoover Elementary Phase 2 Renovation $5,800,000 $5,800,000 $5,800,000: Elementary School #12 $19,300,000 $19,300,000 $19,300,000 r-iEth Middle School $36,000,000 $35,000,000 $36,000,000 Elementary School #13 $19,300,000 $19,300,000 $19,300,000 Parks 8 Recreation $206,400,000 Clearbrook & Sherando Baseball Field Lighting Upgrade $1,090,498 $1,090,498 $1,090,498 Fleet Trip Vehicles $335,000 $335,000 $335,000 Indoor Aquatic Fauiltty $15,163,000 $16,1,63,000 $:5,f63,000 Clearbrook & Sherando Water Slide/Spray Ground $1,251,208 $1,251,208 $1,251,208 $1,251,208 Sherando Access Road w/Parking/Traits $1,540,826 $1,540,828: $1,540,926 Park Land Western Fred. Co. $3,367,728: $3,367,728 $3,367,728 Park Lana Eastern Fred. Co. $4,490,510 $4,490,510: $4,490,519 Sherando Softball Complex $671,062> $671,062 $671,062 Sherando Soocer/Multi Use Fields $1,1'21,998 $1,121,998: $1,121,998 Sherando Maintenance Compound $374,31:0. $374,310 $374,310 Clearbrook Open Play Areas $478,565 $478,565 $478,505 Sherando Lake/Trails/Parking- 2 Fields $1,3610,610 $1,360,610 $1,360,610 Sherando Skateboard Park $613,089 $613,089 $613,089 Clearbrook Tennis/Basketball Complex $526,365 $526,355 $526,355 Sherando Picnic Areas $804,243 $604,243^ $604,245 Clearbrook Shelter Stage $508,402; $508,402 $508,402 Multi -Generational Center $8,802,605• $8,802,605, $8,802,606 Community Parks (5) $1,347,153 $1,347,153 $1,347,153 Neighbornood Parks (3) $336,788 $336,788 $33fi,788 District Parks (Northeast and Southwest) $7,858,238 $7,858,238 $7,858,238 Abrams Creek Gmenway Trail $1,x52,558 $1,252,5&$ $1,252,5 8 50,516,490 County Total Project Department Priority CO nty Contribution Per Fiscal Year Contributions Notes Costs 2013- 2014- 2015- 2016- Projects 2012-2013 2014 2015 2016 2017 2017+ Regional Library Bowmen LaSidewalk Phase 2 $42,880 $42,880 $42,880 Gainesboro Branch $2,279,575 $2,279,575 $2,279,575 SensenylGreenwood Branch N/A NIA: N/A. Route 522 Branch N/A. N/A N/A Transportation $2,322,455 Route 37 Engineering & Construction $300,000,000 $300,000,000 E $300,000,000' 1-81 Exit 310 Improvements $30,000,000 $30,000,000 E $30,000,000 1-81 Exit 307 Relocation $60,000,000 $60,000,000 E $60,000,000: East Tevis Street Extension $2,600,.DQ0 $2,600,000 E $2,600,000 Warrior Drive Extension $23,2.00,000 $23.200,000 E $23,200,000 Channing Drive Extension $20,600,000 $20,600,000 E $20,600,000 Widening of Route 11 North $47,800,000 $47,800,000 E $47,800,000 Brucetown/Hopewell Realign. $3,000,000 $3,000,000 E $3,000,000 Senseny Road Widening $22,800,000 $22,800,000 E $2.2,800,000 Inveriee Way $1A,200,000 $10,200,000 E $1D,200,000 Fox Drive $250,000 $250,000 E $250,000: Rennaisance Drive $2,.000,000 $2,000,000 E $2,000,000 Senseny Road Pike & Ped $150,000 $150,000 $150,000 $1,550,000: $2,000,000 E $W,000,000 Eastern Road Plan Improvements TBD TBD TBD Winchester Airport $524,450,000 Land Parcel 64B-A•33A $295,000 A,13 $295,000 ConstructT/W (1) Reloc $3,684,210: A,B $3,684,210 Design T.Nv (2) Reloc $200,000 A,B $200,000° Maintenance Facility site $360,000 A,B $360,000 Land Parcel 64-A-71 $275,000 A,B $275,000 Land Parcel 64-A-70 $275,000 A,B $275,000 Land Parcel 64-A-69 $2751000 A,B $275,0001 Construction Maintenance Facility $250,000 A,B $250,000 Construct TIW (2) Reloe $4,500,000 A,B $4,500,000' Design T/W (3) Reloc $150,000 A,B $150,000 Land Parcel 64-A-67 $267,500 A,B $287,500 Land Parcel 64-A-66 $267,500 A,B $267,500 GonstructT/W (3) Reloc $1,100,000'' A,B $1,100,000 Design T/W (4) Reloc $150,000 A,B $150,000 New General Avaiation Terminal $2,500.000 A,B $2,500,000 Expand Terminal Parking Lot $650,000 A,B $650,000 Land Panel 64-A•64 $275,000 A,B $27b,000 Land Parcel 64-A-63 $275,000 A,B $275,000 Land Parcel 64-A-60 $275,000 A,B $275,000 Construct T/W (4) Reloc $1,100,000 A,B $1,100,000 Land Par•mel64-A-59 $278,000 A,9 $275,000 Land Parcel 64-A-52 $275,000 A,B $275,000 Land Parcel 64-A-50 $300,000: A,B $300,000: Land Parcel 64-A-49 $250,000 A,B $250,000 Land Parcel 64-A-47 $300000 A,6 $300.000 County Total Project Department PriorityCoun Contribution Per Fiscal Year Contributions Notes Costs 2013- 2014- 2015- 2016- Projects 2012»2013 2014 2015 2016 2017 2017+ County Administration $18,524,210 Relocation of Gainesboro Site $12,000 $256;000 $265,000 $268,000 Albin Citizens Center $374,850 $374,850 $374,850 Relocation/Expansion Gore Site $225,350 $225,350 $225,350 General Government Capital Expen $200,000 $200,000 $200,000 $200,000 $200,000 $1,000,000 $1,000,000 E $1,000,000 Fire &Rescue $1,868,200 Fire & Rescue Station #22 (277) $400,000 $1,500;000 $1,500,1)00 $3,40(1,.000 $3,400,000 $3,400,000 Fire & Rescue Station #22 (277) Apparatus $100,000 $805,000 $805,000 $905,000 $905,000 Fire & Rescue Station #23 $3,700,000 $3,700,000 $3,700,000 Regional Training Center $31,175,000 $31,175,000 $31,175,000 Fire & Rescue Station #24 $3,750,000 $3,750,000 $3,750,000 Station #15 (Round Hill) Relocation $484,000 $3,787,696 $4,281,696 $4,281,696 $4,281,696 Station #13 (Olearbrook) Relocation $4,376,000 $4,375.000 $4,376,000' Fire &Rescue Company Capital Requests $51,587,696 Fire & Resoue Capital Equipment 200,000 200.000 <00,000 200,000 200,000 $1,000,000 $1,000,000 E $1,000,000 ' See Fire & Rescue Company Requests (<$100K) Ambulance Round Hill $185,000 $185,000` C $185,000 Ambulance Replacement Project for Greenwood Vol. Fire & Rescue Co. $150,000 $150,000 C $150,000 Apparatus Ventilation System for Greenwood Vol. Fire & Rescue Co. $100,000 $100,000 C $100,000 Pumper/Tanker for Middletown Vol, Fire & Rescue Cc $630,000 $630,000' C $630.,000 Ambulance for Middletown Vol, Fire & Rescue Co. $190,000 $100,000 C $190,004' $2,255,000 Total $657,924 051 Fire & Rescue Company Capital Equipment Requests (<$?OOK) None $0 A= Partial funding from VA Dept. of Aviation N/A= Not Available B= Partial funding from FAA TBD= To be Determined C= Partial funding from private donations. D= Funding goes beyond displayed 5 years E= Partial funding anticipated through development & revenue sources F= Funding initiated prior to displayed 5 years 2012-2013 Capital Improvements Specific or Approximate Locations County Administration 1 Gainesboro Convenience Site Relocation 2 Albin Convenience Site Expansion 3 Gore Convenience Site Expansion 4 Annex Facility / Fire & Rescue Station 5 Round Hill Fire Station Relocation 6 Clearbrook Fire Station Relocation 7 Fire & Rescue Station 23 8 Fire & Rescue Station 24 Airport Library 1 Bowman Library - Parking Lot Sidewalk Addition 2 Northern Frederick County Library Branch 3 Library Branch - Senseny & Greenwood 4 Library Branch - Rt 522 South DRAFT 0 Note ! M i 50 37 ? �. 1 /1 �.�'•°:J-•K.s�' L ,<^ �r _i'. �4a cis' .:. � �. i;i -.._ �X` r IM � Ld, 0 E3,000 12,000 24,000 Feet 4� ; 0 1.5 3 6 Miles Created by Frederick County Department of Planning 8 Development Map represents the Capital Improvment Requests submitted by various county departments. 11/08/11 Note: Created by Frederick County Department of Planning & Development Map represents the Capital Improvment Requests submitted by Frederick County School Board 11/08/11 School Locations Are Most Appropriate Within the UDA Existing County Parks District Park Neighborhood Park Proposed Parks District Community Neighborhood' c`ko Linear Park Trail t' '-UDA - o t s2 * Please see attached Spreadsheet. DRAFT 259 NW, 6 D 1 2 4 (Niles Note: Created by Frederick County Department of Planning & Development Map represents the Capital Improvment Requests submitted by The Dept of Parks & Recreation 11/08/2011 11kc1earbrook fi OW 37 c y' IL ! I s 3 37 . i �. • j EAST 52 d v a 144-0 77, -Sherando l 52 �r 'v' 2012 - 2013 Frederick 1unty -Capital Improvement Plan r Jr-1 wfransporta i ,1- t X37 �. L 52 4 } \ 'l Winchester] ,z DRAFT r l iii 2012-2013 Capital Improvement Plan Transportation Projects CONTINUE RT37 PLANNING ENGINEERING WORK -81 EXIT 310 IMPROVEMENTS -f-ti s _ 1� 1-81 EXIT . 37 ' `i'�1 307 RELOCATION F.�te EAST TEVIS EXTENSION i' TO RDWAY RUSSELL 150 & 181 50 WARRIOR DR EXTENSION 522 ; y ITO NEW EXIT 307 ` %CHANNING DR & EXTENSION TO RT50 BRUCETOWN RD/HOPEWELL RD ALIGNMENTAND INTERSECTION RT11 N OF WINC WIDENING TO WV LINE �a�®.� Stephens ' t.��'f _ SENSENY RD flty . 1 �WIDENING f INVERLEE WAY; CONNECTION FROM V '' RT50 TO SENSENY RD FOX DR; INSTALL RT i� TURN LANE ONTO RT522 7 522 0 0.31'5 0.75 1.5 Miles �� PIRENAISSANCE DR Frederick County Dept of 11 f . '`� •-"� !' Planning S Development 107NKent St Gwi) Senseny Rd Bike & \R� Winchester, VA 22601 Pedestrian Improvements \—.CO.FREDERICK.VA.US /- 11/08/11 �\ e Eastern Road Plan COUNTY of FREDERICK Deparft�ent of Planning and Development " MEQ1�' IORANDUMI 540/665-5651 l L FAX: 540/665-6395 To: Frederick County Planning Commission From: Candice E. Perkins, AICP, Senior Planner4,, Subject: Discussion — Proposed Additions to the Permitted Uses in the RA (Rural Areas) and RP (Residential Performance) Zoning Districts; Revisions to the Definitions and Supplemental Use Regulations Date: November 21, 2011 This is an amendment revision to Chapter 165 to include additional conditional uses in the RA (Rural Areas) and RP (Residential Performance) Zoning Districts. This proposed amendment would add "public buildings" as a conditional use in the RA and RP Districts, "libraries" as a conditional use in the RA District, and "museums" as a conditional use in the RP District. This amendment also proposes to remove the definition of "government services office" because it is very similar to "public building", as well as update the corresponding supplementary use regulations. The item was originally presented to the Development Review and Regulations Committee (DRRC) at their meeting on July 27, 2011. The amendment discussed at this meeting was to add additional permitted uses to the RA and RP Districts. The Planning Commission discussed this item at their September 7, 2011 meeting. The Board of Supervisors discussed this amendment at their September 28, 2011 meeting. During the discussion, the Board of Supervisors felt that additional scrutiny could be necessary depending on the proposed site and felt that conditional uses instead of permitted uses would be more appropriate. Ultimately, the Board of Supervisors sent the amendment forward for public hearing with the proposed uses only being permitted with a conditional use permit. Prior to being scheduled for public meeting, staff noticed that there was a definition currently in the Zoning Ordinance that was very similar to "public buildings" and that the use also had corresponding supplementary use regulations. Staff decided to take the amendment back to the DRRC for further review. The revised item was presented to the DRRC at their meeting on October 27, 2011. The DRRC recommended that the supplemental use regulation that pertains to government services office/public buildings should be modified to remove the requirement that these facilities be located within the Urban Development Area and Sewer and Water Service Area. The Committee felt that this requirement was no longer needed because of the conditional use permit requirement. With that one change, the Committee 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 (with bold italic for text added). 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. CEP/bad 107 North Keret Street, Suite 202 0 Winchester., Virginia 22601-5000 ATTACHMENT 1 ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS § 165-101.02 Definitions & word usage. Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 204 — Additional Regulations for Specific Uses §165-204.07 GeveMment office. Public Buildings. GeveFRMeRt sewmees off" ^ Public buildings located in the Rural Areas (RA) Zoning District shall be subject to the following requirements: i9. A. A transportation impact analysis (TIA) shall be conducted and the improvements identified as necessary to achieve, or maintain, a minimum Level of Service (LOS) C shall be constructed in conjunction with the facilities. C. B. The facility shall be served by public water and sewer. O. C. The use and site shall adhere to, and implement, Business General (B2) Zoning District design standards. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401— RA Rural Areas District § 165-401.02 Permitted uses. AA. Geye Rt services effice. 99. AA. Residential subdivision identification signs. CC. BB. Farm Wineries. § 165-401.03 Conditional uses. MM. Libraries NN. Public Buildings. ATTACHMENT 1 Part 402 — RP Residential Performance District § 165-402.03 Conditional uses. Uses and associated signs permitted with a conditional use permit shall be as follows: ll Museums. (H) Public Buildings. For reference: PUBLIC BUILDING - Any area, building or structure used or controlled for government purposes, that is owned, held, operated by any department, branch or unit of the Federal Government, the Commonwealth of Virginia or one or more of its local governments, political subdivisions or municipal corporations. TO: COUNTY of FREDERICK ME MORAN DU Mepartrnent of Planning and Development 540/665-5651 FAX: 540/665-6395 Frederick County Planning Commission FROM: Eric R. Lawrence, AICP, Planning Director("fi-i SUBJECT: Discussion of the Planning Commission's Guiding Documents — the Bylaws, and the Roles and Responsibilities DATE: November 18, 2011 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 has only identified minor modifications to the Bylaws, and now presents this revision to the Commission for consideration. Should the Commission concur with the suggested revisions, staff will place the revised Bylaws, and the Roles and Responsiblities documents on the Commission's first meeting agenda in 2012 for adoption. The recommended revisions are detailed below. The complete Bylaws (with proposed revisions) and the Roles and Responsibilities documents are attached. Proposed Revisions to Bylaws Update the County Code citations to reflect the correct chapter which establishes the Planning Commission — Chapter 21 not Chapter 165 as current cited in the Bylaws. 1-1 The Frederick County Planning Commission is established by and in conformance with Chapter 214-6& 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. 3-1 The membership of the Commission shall be determined by the Frederick County Board of Supervisors as specified in Chapter 21 45 of the Code of Frederick County. Methods of appointment and terms of office shall be determined by Chapter 21 1-65 of the Code of Frederick County. Attachments 197 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 PLANNING COMMISSION BYLAWS County of Frederick, Virginia With Proposed revisions, For discussion on December 7, 2011 ARTICLE I - AUTHORIZATION 1-1 The Frederick County Planning Commission is established by and in conformance with Chapter 21 165 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 211-65 of the Code of Frederick County. Methods of appointment and terms of office shall be determined by Chapter 21 1-65 of the Code of Frederick County. 3-2 Within the first month of initial appointment, new Commissioner appointees shall: 1) participate in an orientation to familiarize themselves with the operations of the Department and the Commission, and 2) meet with planning staff representatives in an effort to review and better understand specific agenda items by no later than their second Planning Commission meeting. Page 2 Planning Commission Bylaws - Draft potential revisions December 7, 2011 Discussion ARTICLE IV - OFFICERS 4-1 Officers of the Commission shall consist of a chairman, vice-chairman and secretary. The chairman and vice-chairman must be voting members of the Commission. The secretary shall be a member of the Commission or a county employee. 4-2 Selection 4-2-1 The officers shall be elected by the voting members of the Commission at the first meeting of the calendar year. 4-2-2 Nomination of officers shall be made from the floor. Elections of officers shall follow immediately. A candidate receiving a majority vote of the entire voting membership shall be declared elected. 4-3 Duties 4-3-1 The Chairman shall: 4-3-1-1 Preside at meetings. 4-3-1-2 Appoint committees. 4-3-1-3 Rule on procedural questions. A ruling on a procedural question by the chairman shall be subject to reversal by a two-thirds majority vote of the members present. 4-3-1-4 Report official communications. 4-3-1-5 Certify official documents involving the authority of the Commission. 4-3-1-6 Certify minutes as true and correct copies. 4-3-1-7 Carry out other duties as assigned by the Board of Supervisors and the Commission. 4-3-2 The Vice -Chairman shall: 4-3-2-1 Assume the full powers of the chairman in the absence or inability of the chairman to act. 4-3-2-2 When acting as chair, the vice-chairman shall carry out other duties as assigned by the Board of Supervisors and the Commission Chairman. Page 3 Planning Commission Bylaws - Draft potential revisions December 7, 2011 Discussion 4-3-3 The Secretary shall: 4-3-3-1 Ensure that attendance is recorded at all meetings. 4-3-3-2 Ensure that the minutes of all Commission meetings are recorded. 4-3-3-3 Notify members of all meetings. 4-3-3-4 Prepare agendas for all meetings. 4-3-3-5 Maintain files of all official Commission records and reports. Official records and reports may be purged in accordance with applicable state codes. 4-3-3-6 Give notice of all Commission meetings, public hearings and public meetings. 4-3-3-7 Provide to the Board of Supervisors reports and recommendations of the Commission. 4-3-3-8 Attend to the correspondence necessary for the execution of the duties and functions of the Commission. 4-4 Term of Office 4-4-1 Officers shall be elected for a one-year term or until a successor takes office. Vacancies shall be filled for an unexpired term by a majority vote of the Commission. In such cases, the newly elected officer shall serve only until the end of the calendar year or until a successor takes office. 4-5 Temporary Chairman 4-5-1 In the event of the absence of both the chairman and the vice-chairman from any meeting, the Commission shall designate from among its members a temporary chairman who shall act for that meeting in the absence of the chairman or vice- chairman. Page 4 Planning Commission Bylaws - Draft potential revisions December 7, 2011 Discussion ARTICLE V - COMMITTEES 5-1 The Commission shall establish committees necessary to accomplish its purpose. 5-2 In establishing committees, the Commission shall describe the purpose for each committee. 5-3 Members of the committees shall be appointed by the chairman and will serve for a term of one year. The chairman may request recommendations from the Commission or committee members on committee appointments. 5-4 Members of the committees may be Commission members; employees of the County, or citizen volunteers. 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 that committee. 5-8 The committees may establish standing subcommittees whose activities will be a specific annual 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 ad-hoc groups to assist in specific, carefully -defined tasks for a limited period of time. Important considerations for membership on the ad-hoc group are skills and experience necessary to assist in providing acceptable solutions. Membership will be appointed by the Chairman of the Committee with concurrence by the Commission Chairman. Page 5 Planning Commission Bylaws - Draft potential revisions December 7, 2011 Discussion 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. 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. Page 6 Planning Commission Bylaws - Draft potential revisions December I, 2011 Discussion 8-1-5 Citizen Comments on Items not on the Agenda. 8-1-6 Public Hearings. 8-1-7 Public Meetings. 8-1-8 Planning Commission Discussion. 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. Page 7 Planning Commission Bylaws - Draft potential revisions December 7, 2011 Discussion 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 which it deems to be in the public interest. In such cases, the public hearings shall follow all procedures described for public hearing in these bylaws. 8-3-8-4 The 90 -day period (Section 165-102.03 of the Frederick County Zoning Ordinance) for the Planning Commission to make a rezoning recommendation to the Board will start at the date of the first completed public hearing 8-3-9 Tabling Page 8 Planning Commission Bylaws - Draft potential revisions December 7, 2011 Discussion 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 not 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 Administator 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 Page 9 Planning Commission Bylaws - Draft potential revisions December 7, 2011 Discussion considered by the Planning Commission. B) The applicant has provided all required Frederick County Planning Department concerns of the Planning Commission. 8-3-10 Work sessions information to the which addresses all 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. Page 10 Planning Commission Bylaws - Draft potential revisions December 7, 2011 Discussion 9-2 Planning Commission shall conduct an annual review of these bylaws in November of each calendar year to ensure their accuracy. 9-3 At the first meeting of the calendar year, the By -Laws will be adopted. FREDERICK COUNT' PLANNING COMMISSION ROLES AND RESPONSIBILITIES Adopted January S, 201 It This document has been prepared to assist Frederick County Planning Commissioners in understanding what their role and responsibilities are in the myriad of activities that they accept as a member of the Planning Commission. This compilation is a companion document to the Commission's By -Laws. APPLICATION COMMUNICATIONS There are three primary sources of information gathered by and weighed by the Planning Commission in order to make quality planning recommendations to the Board of Supervisors. They are ex -parte communications, staff reports and public input. Ex -Parte Communications: Individual meetings between Commissioners and an applicant/developer regarding a specific application shall follow the Virginia Freedom of Information Act. During this discussion or at any other time prior to action taken by the Commission on the application, a Planning Commissioner should make no commitments or endorsements. Any new written materials provided by the applicant to any one Commissioner shall be made available to all commissioners and staff by the applicant prior to the application appearing on the agenda. To not do so may result in the application being tabled at the Planning Commission public hearing. Staff Application Briefings/Work Sessions: Prior to the first public hearing being held, staff will hold a briefing for the Planning Commissioners, with an invitation extended to the Board of Supervisors to participate, regarding any application deemed sufficiently complicated / controversial to warrant detailed explanation. The purpose is to apprise the Commissioners regarding the details of the application, both those items that meet the ordinance and those that do not. This provides the opportunity for the Commissioners to have a common understanding of the application prior to the public hearing. The decision to hold a briefing on a specific application will be made jointly by the Director of Planning and the Chairman of the Planning Commission. In addition to complexity, the application shall be basically complete prior to scheduling the briefing. The Planning Commission may request a work session for an application which, after the first public hearing is concluded, is subsequently tabled. The purpose of the work session Page 2 Planning Commission Roles and Responsibilities Adopted January 5, 2011 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 amongst the number of Commissioners who are serving. Examples include CPEAV's Page 3 Planning Commission Roles and Responsibilities Adopted January 5, 2011 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. Frederick County, VA ansa P.3 � Text Size: Frederick County, VA Friday, October 28, 2011 Chapter 21. PLIe"WHIING COMMISSIon Editor's Note: For statutory provisions relating to the duty of the County to appoint a Planning Commission, see Code of Virginia, § 15.2-2210; as to local planning, see Code of Virginia, §§ 15.2-2212 through 15.2-2232. [HISTORY: Adopted by the Board of Supervisors of the County of Frederick 9-12-1984 as Ch. 2, Art. III, of the 1984 Frederick County Code. Amendments noted where applicable.] GENERAL REFERENCES - Subdivision of land — See Ch. 144. Zoning — See Ch. 165. § 21-1. Commission created. A Planning Commission is hereby created for the County pursuant to the provisions of state law. § 21-2. Membership; qualificatioGlls; appointment; terms. Editor's Note: For the statutory basis of this section, see Code of Virginia, § 15.2-2212. The Planning Commission shall consist of not less than five nor more than 15 members, who shall be residents of the County, qualified by knowledge and experience to make decisions on questions of community growth and development, provided that at least 1/2 of such members shall be freeholders. All of such members shall be appointed by the Board of Supervisors for terms of four years. § 21-3. Removal of members. Editor's Note: For similar statutory provisions, see Code of Virginia, § 15.2-2212. Any member of the County Planning Commission may be removed by the Board of Supervisors for malfeasance in office, provided that such removal may be made only after a public hearing at which such member is given an opportunity to appear and be heard on the charges against him. § 21-4. Compensation. Editor's Note: For statutory basis of this section, see Code of Virginia, § 15.2-2212. All members of the County Planning Commission shall serve as such with or without compensation as determined by the Board of Supervisors. § 21-5. Officers, employees and consultants. Editor's Note: For the statutory basis of this section, see Code of Virginia, § 15.2-2217. The County Planning Commission shall elect from the members a Chairman and a Vice Chairman, whose terms shall be for one year. The County Planning Commission may create and fill such other offices as it deems necessary, appoint such employees and staff as it deems necessary for its work and contract with consultants for such services as it requires; provided, however, that any expense incurred in connection therewith shall be first approved by the Board of Supervisors. § 21-6. Powers and duties. The County Planning Commission shall have the functions, powers and duties which are prescribed by law. tp://www.ecode360.com/print/FR1364[10/28/2011 11:58:03 AM]