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PC 12-05-18 Meeting Agenda AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia December 5, 2018 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting ................................................................ (no tab) 2) Committee Reports .................................................................................................. (no tab) 3) Citizen Comments ................................................................................................... (no tab) PUBLIC HEARING 4) Rezoning #04-18 for Tasker Road and Warrior Drive Commercial Properties, submitted by Greenway Engineering, Inc., to rezone 20.24+/- acres from the B2 (General Business) District with proffer to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. The properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Drive in the Opequon Magisterial District and are identified by Property Identification Numbers 75- A-104 and 75-A-104E. Ms. Perkins ...................................................................................................................... (A) INFORMATION/DISCUSSION 5) CPPA #02-18, for the Carter Tract – Sewer and Water Service Area (SWSA) Inclusion Request and Industrial Land Use Designation Request; Parcels 45 -A-2, 45-A-7, 33-A-144 and 33-A-89. This is a request to expand the boundary of the Sewer and Water Service Area (SWSA) to include 213.8 acres of land and to designate the site for industrial land uses. The properties are currently zoned RA (Rural Areas) and the Northeast Frederick Land Use Plan shows the properties as remaining rural. The properties are located north of the CSX Railroad, south of Brucetown Road, and east/adjacent to the Clearbrook quarry in the Stonewall Magisterial District. Ms. Perkins ...................................................................................................................... (B) -2- 6) Spring Run Site Plan (Subdivision) #22-18. This application is for a subdivision design plan (site plan) for fifteen (15) single-family attached (townhouses) unites planned to be constructed on 1.88+/- acres of land zoned RA (Rural Areas) district with RP (Residential Performance) standards via Transfer of Development Rights (TDR) credits. The property is located at 2659 Senseny Road., Winchester and is identified with Property Identification Number 65-A-46 in the Red Bud Magisterial District. District. Mr. Klein .......................................................................................................................... (C) 7) Annual Review of Bylaws and Roles and Responsibilities Mr. Ruddy ........................................................................................................................ (D) Other Adjourn Commonly Used Planning Agenda Terms Meeting format Citizen Comments – The portion of the meeting agenda offering an opportunity for the public to provide comment to the Planning Commission on any items not scheduled as public hearing items. Public Hearing– A specific type of agenda item, required by State law, which incorporates public comment as a part of that item prior to Planning Commission or Board of Supervisors action. Public hearings are held for items such as: Comprehensive Plan policies and amendments; Zoning and Subdivision Ordinance amendments; and Rezoning and Conditional Use Permit applications. Following the Public Hearing, the Planning Commission will take action on the item (see below). Action Item–There are both public hearing and non-public hearing items on which the Planning Commission takes action. Depending on the actual item, the Planning Commission may approve, deny, table, or forward a recommendation to the Board of Supervisors regarding the agenda item. No public comment is accepted during the Action Item portion of the agenda. Information/Discussion Item– The portion of the meeting agenda where items are presented to the Planning Commission for information and discussion. The Planning Commission may offer comments and suggestions, but does not take action on the agenda item. No public comment is accepted during the Information/Discussion Item portion of the agenda. Planning Terminology Urban Development Area or UDA – The UDA is the county’s urban growth boundary identified in the Comprehensive Plan in which more intensive forms of residential development will occur. The UDA is an area of the county where community facilities and public services are more readily available and are provided more economically. Sewer and Water Service Area or SWSA – The SWSA is the boundary identified in the Comprehensive Plan in which public water and sewer is or can be provided. The SWSA is consistent with the UDA in many locations; however the SWSA may extend beyond the UDA to promote commercial, industrial, and institutional land uses in area where residential land uses are not desirable. Land Use – Land Use is the nomenclature which refers to the type of activity which may occur on an area of land. Common land use categories include: agricultural, residential, commercial, and industrial. Zoning District - Zoning district refers to a specific geographic area that is subject to land use standards. Frederick County designates these areas, and establishes policies and ordinances over types of land uses, density, and lot requirements in each zone. Zoning is the main planning tool of local government to manage the future development of a community, protect neighborhoods, concentrate retail business and industry, and channel traffic. Rezoning – Rezoning is the process by which a property owner seeks to implement or modify the permitted land use activities on their land. A rezoning changes the permitted land use activities within the categories listed above under Land Use. Conditional Use Permit or CUP - A CUP allows special land uses which may be desirable, but are not always appropriate based on a location and surrounding land uses. The CUP requested use, which is not allowed as a matter of right within a zoning district, is considered through a public hearing process and usually contains conditions to minimize any impacts on surrounding properties. Ordinance Amendment – The process by which the County Code is revised. Often the revisions are the result of a citizen request with substantial justification supporting the change. Amendments ultimately proceed through a public hearing prior to the PC forwarding a recommendation to the Board of Supervisors. County Bodies Involved Board of Supervisors or BOS - Frederick County is governed by an elected Board of Supervisors composed of seven members, one from each magisterial district, and one chairman-at-large. The Board of Supervisors is the policy-making body of the county. Functions of the Board of Supervisors related to planning include making land use decisions, and establishing growth and development policies. Planning Commission or PC - The PC is composed of 13 members, two from each magisterial districts and one at-large, appointed by the Board of Supervisors. The Planning Commission serves in an advisory capacity to the Board of Supervisors which then takes final action on all planning, zoning, and land use matters. Comprehensive Plans and Programs Committee or CPPC – The CPPC is a major committee of the PC whose primary responsibility is to formulate land use policies that shape the location and timing of development throughout the County. Included in the work are studies of specific areas to develop guidelines for future land use within those areas. The CPPC also considers requests for amendments to the Comprehensive Plan. Decisions by CPPC are then forwarded to the PC for consideration. Development Review and Regulations Committee or DRRC – The DRRC is the second major committee of the PC whose primary responsibilities involve the implementation of the Comprehensive Plan in the form of Zoning and Subdivision ordinance requirements. Requests to amend the ordinances to the DRRC are made by the Board of Supervisors, Planning Commission, local citizens, businesses, or organizations. DRRC decisions are also forwarded to the PC for consideration. A REZONING APPLICATION #04-18 TASKER ROAD & WARRIOR DRIVE COMMERCIAL PROPERTIES Staff Report for the Planning Commission Prepared: November 16, 2018 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 12/05/18 Pending Board of Supervisors: 01/09/19 Pending PROPOSAL: To rezone 20.24+/- acres from the B2 (General Business) District with proffer to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. LOCATION: The subject properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Drive. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/05/18 PLANNING COMMISSION MEETING: This is an application to rezone 20.24+/- acres from the B2 (General Business) District and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the B2 and RP Districts with revised proffers. The subject property was rezoned to the B2 (General Business) District with proffers in 1998. The approved Rezoning (#02-98) required that businesses be closed from 11p.m. to 6 a.m. The Applicant is requesting to remove the hours of operation for the majority of land uses allowed in the B2 District that could be constructed on this property. Hours of operation for restaurants, miscellaneous repair and amusement are proposed to be restricted from 11 p.m.- 6 a.m. The Applicant has also updated the format for the prohibited uses (consistent with the prohibited uses from the approved rezoning), revised the fire and rescue monetary proffer and removed a transportation study proffer as this is already completed during the site plan stage of development and is unnecessary for the proffer statement. The proposed proffers are as follows (Dated April 8, 1998, Revised October 9, 2018): A. Prohibited Land Uses The Owners proffer to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use SIC Code Automotive Dealers and Gasoline Service Stations 55 Hotels and Motels 701 Organization Hotels and Lodging 704 Rezoning #04-18Tasker Road & Warrior Drive Commercial Properties November 16, 2018 Page 2 Funeral Service and Crematories 726 Car Washes 7542 Golf Driving Ranges/Miniature Golf Courses 7999 Membership Organizations 86 Commercial Batting Cages Operated Outdoors No SIC Adult Retail Uses No SIC B. Restricted Hours of Operation The Owners proffer to restrict hours of operation for the following land uses that are permitted within the B-2, General Business District portion of the Property by requiring the businesses to be closed to the public from 11:00 PM to 6:00 AM: Land Use SIC Code Eating and Drinking Places 58 Miscellaneous Repair Services 76 Amusement and Recreational Services Operated Indoors 79 Staff Note: This revision removes the hours of operation for the majority of allowed uses on the property. The restricted hours of operation from the original rezoning were 11 p.m. - 6 a.m. This proposed revision only restricts the hours of operation for SIC 58, 76 and 79. All other uses can operate 24-hours. C. Property Development Requirements The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning #04-18Tasker Road & Warrior Drive Commercial Properties November 16, 2018 Page 3 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 12/05/18 Pending Board of Supervisors: 01/09/19 Pending PROPOSAL: To rezone 20.24+/- acres from the B2 (General Business) District with proffer to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. LOCATION: The subject properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Drive. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 75-A-104 and 75-A-104E PROPERTY ZONING: B2 (General Business) District and RP (Residential Performance) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: B2 (General Business) Use: Commercial RP (Residential Performance Residential West: RP (Residential Performance) Use: Residential Rezoning #04-18Tasker Road & Warrior Drive Commercial Properties November 16, 2018 Page 4 REVIEW EVALUATIONS: Planning & Zoning: 1) Site History On April 8, 1998, the Board of Supervisors approved Rezoning #02-98 which rezoned the subject property from the RP (Residential Performance) District to the B2 (General Business) District with proffers. 2) Comprehensive Policy Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The Southern Frederick Land Use Plan of the 2035 Comprehensive Plan designates this property as a future Neighborhood Village. The existing B2 (General Business) District zoning is consistent with the Comprehensive Plan. The properties are also within the limits of the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. OLD DOMINION GREENSSubdivision WARRIOR CENTERSubdivision MOSBYSTATIONSubdivision MACEDONIA ACRESSubdivision WAKELANDMANORSubdivision 75 A 104E 75 A 104 104SONOMA CT 102LADYSMITH DR 100LADYSMITH DR 103BRIDGEWATER DR 105BRIDGEWATER DR 107BRIDGEWATER DR 145BLACKBURNSFORD 141BLACKBURNSFORD 136BLACKBURNSFORD 130BLACKBURNSFORD 107SONOMA CT106SONOMA CT 101BRIDGEWATER DR 158CEDARMOUNTAIN DR 153BLACKBURNSFORD 149BLACKBURNSFORD 102DEEPBOTTOM PL 132FREDERICKSBURG DR 127FREDERICKSBURG DR 228SPANISH OAK RD 230SPANISHOAK RD 640WARRIOR DR 152CEDARMOUNTAIN DR 155BLACKBURNSFORD 125FREDERICKSBURG DR 222SPANISHOAK RD 231SPANISHOAK RD 640WARRIOR DR 640WARRIOR DR 640WARRIOR DR 147CEDARMOUNTAIN DR 101DEEPBOTTOM PL 106DEEPBOTTOM PL 126FREDERICKSBURG DR 121FREDERICKSBURG DR 216SPANISH OAK RD 101SHUMARD CT 218SPANISH OAK RD 221SPANISHOAK RD223SPANISHOAK RD 227SPANISHOAK RD 229SPANISHOAK RD 640WARRIOR DR 640WARRIOR DR 640WARRIOR DR 148CEDARMOUNTAIN DR 146CEDARMOUNTAIN DR 141CEDARMOUNTAIN DR 105DEEPBOTTOM PL 107DEEPBOTTOM PL 110DEEPBOTTOM PL 122FREDERICKSBURG DR 120FREDERICKSBURG DR 640WARRIOR DR 640WARRIOR DR 112DEEPBOTTOM PL 111SITLINGTONSHILL 213SPANISHOAK RD 215SPANISHOAK RD 142CEDARMOUNTAIN DR 135CEDARMOUNTAIN DR 111DEEPBOTTOM PL 113DEEP BOTTOM PL 109SITLINGTONSHILL 212SPANISHOAK RD 211SPANISHOAK RD 138CEDARMOUNTAIN DR 131CEDARMOUNTAIN DR 114SITLINGTONSHILL 105SITLINGTONSHILL 210SPANISH OAK RD 207SPANISH OAK RD 760WARRIOR DR 136CEDARMOUNTAIN DR 110SITLINGTONSHILL 106SITLINGTONSHILL 305LYNN DR 303LYNN DR 205SPANISH OAK RD 203SPANISH OAK RD 130CEDARMOUNTAIN DR 125CEDARMOUNTAIN DR 123CEDARMOUNTAIN DR 301LYNN DR 229LYNN DR 223LYNN DR 128CEDARMOUNTAIN DR 117CEDARMOUNTAIN DR 300LYNN DR 228LYNN DR 221LYNN DR 217LYNN DR 215LYNN DR 660WARRIOR DR 126CEDARMOUNTAIN DR 124CEDARMOUNTAIN DR 122CEDARMOUNTAIN DR 101SARVIS CT 224LYNN DR 218LYNN DR 220LYNN DR 118CEDARMOUNTAIN DR 135SPANISHOAK RD 115BAYBERRY CT 115BAYBERRY CT 214LYNN DR 100SARVIS CT 131SPANISHOAK RD 206LYNN DR 208LYNN DR 202LYNN DR 127SPANISHOAK RD 107BAYBERRY CT 200LYNN DR 121BAYBERRY CT 100BAYBERRY CT 127LUCYLONG CT 125LUCY LONG CT 123LUCY LONG CT 121LUCYLONG CT119LUCY LONG CT 122SPANISHOAK RD 119SPANISHOAK RD 122BAYBERRY CT 114BAYBERRY CT 110BAYBERRY CT 102BAYBERRY CT 128LUCYLONG CT 118SPANISH OAK RD 114SPANISHOAK RD 115SPANISHOAK RD 120BAYBERRY CT 1340MACEDONIACH RD 126LUCYLONG CT 124LUCYLONG CT 122LUCYLONG CT 120LUCY LONG CT 110SPANISHOAK RD 111SPANISHOAK RD 114QUEENSWAY 1418MACEDONIACH RD 109SPANISHOAK RD 1275TASKER RD 112QUEENS WAY 1400MACEDONIACH RD 110QUEENSWAY 108QUEENSWAY 1403MACEDONIACH RD 1423MACEDONIACH RD 208CROSSKEYS PL 106QUEENSWAY 105QUEENS WAY 104QUEENSWAY 1314MACEDONIACH RD 1320MACEDONIACH RD 106CROSSKEYS PL110CROSS KEYS PL 201CROSSKEYS PL 211CROSSKEYS PL 1270MACEDONIACH RD 1286MACEDONIACH RD 106KEVERNE CT 108KEVERNE CT 110KEVERNE CT100CROSSKEYS PL 1232MACEDONIACH RD 1238MACEDONIACH RD 1244MACEDONIACH RD 1220MACEDONIACH RD 102KEVERNE CT 1218MACEDONIACH RD 1220MACEDONIA CH RD 1226MACEDONIA CH RD 102CHELTENHAM DR 104CHELTENHAM DR 101WINTON LN 100KEVERNE CT 111KEVERNE CT 1200MACEDONIACH RD 96WAKELANDDR 1251MACEDONIACH RD 1255MACEDONIACH RD 1261MACEDONIACH RD 101CHELTENHAM DR 103WINTON LN 103KEVERNE CT 105KEVERNE CT 107KEVERNE CT 109KEVERNE CT 1211MACEDONIACH RD 1223MACEDONIACH RD 108CHELTENHAM DR 101KEVERNE CT 1199MACEDONIACH RD 98WAKELANDDR 105CHELTENHAM DR 101DORNACH CT 408CRAIG DR CR A I G D R WA K E L A N D D R LUCYLONG CT SITLING T O N S H I L L C T C R O S S K E Y S P L CHELT E N H A M D R BRID G E W A T E R D R BLACKB U R N S FORD D R BAYBE R R Y C T KEVERNE C T DEEP B O T T O M P L FREDE R I C K S B U R G D R TASKER RD QUE E N S W A Y SP A N I S H O A K R D LYNN DR MACEDONIA CHURCH RD CEDA R M O U N T A I N D R WARR I O R D R Application Parcels Sewer and Water Service Area B2 (General Business District) RP (Residential Performance District)µ Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: October 18, 2018 TASKER RD WARR I O R D R LYNN DR CRA I G D R ALBIN DR AYLOR R D BRIDGEW A T E R D R BLACKBURN S F O R D D R LUCY LONG CTVILLAG E L N SA D I C T SHUM A R D C T MACEDONIA C H U R C H R D BUT T O N B U S H A V E 0 400 800200 Feet REZ #04-18 REZ # 04 - 18: Tasker Rd and Warrior Dr Commercial PropertyPINs: 75 - A - 104, 75 - A - 104ERezoning from B2 and RP with Proffers to B2 and RP with Revised ProffersZoning Map REZ #04-18 OLD DOMINION GREENSSubdivision WARRIOR CENTERSubdivision MOSBYSTATIONSubdivision MACEDONIA ACRESSubdivision WAKELANDMANORSubdivision 75 A 104E 75 A 104 104SONOMA CT 102LADYSMITH DR 100LADYSMITH DR 103BRIDGEWATER DR 105BRIDGEWATER DR 107BRIDGEWATER DR 145BLACKBURNSFORD 141BLACKBURNSFORD 136BLACKBURNSFORD 130BLACKBURNSFORD 107SONOMA CT106SONOMA CT 101BRIDGEWATER DR 158CEDARMOUNTAIN DR 153BLACKBURNSFORD 149BLACKBURNSFORD 102DEEPBOTTOM PL 132FREDERICKSBURG DR 127FREDERICKSBURG DR 228SPANISH OAK RD 230SPANISHOAK RD 640WARRIOR DR 152CEDARMOUNTAIN DR 155BLACKBURNSFORD 125FREDERICKSBURG DR 222SPANISHOAK RD 231SPANISHOAK RD 640WARRIOR DR 640WARRIOR DR 640WARRIOR DR 147CEDARMOUNTAIN DR 101DEEPBOTTOM PL 106DEEPBOTTOM PL 126FREDERICKSBURG DR 121FREDERICKSBURG DR 216SPANISH OAK RD 101SHUMARD CT 218SPANISH OAK RD 221SPANISHOAK RD223SPANISHOAK RD 227SPANISHOAK RD 229SPANISHOAK RD 640WARRIOR DR 640WARRIOR DR 640WARRIOR DR 148CEDARMOUNTAIN DR 146CEDARMOUNTAIN DR 141CEDARMOUNTAIN DR 105DEEPBOTTOM PL 107DEEPBOTTOM PL 110DEEPBOTTOM PL 122FREDERICKSBURG DR 120FREDERICKSBURG DR 640WARRIOR DR 640WARRIOR DR 112DEEPBOTTOM PL 111SITLINGTONSHILL 213SPANISHOAK RD 215SPANISHOAK RD 142CEDARMOUNTAIN DR 135CEDARMOUNTAIN DR 111DEEPBOTTOM PL 113DEEP BOTTOM PL 109SITLINGTONSHILL 212SPANISHOAK RD 211SPANISHOAK RD 138CEDARMOUNTAIN DR 131CEDARMOUNTAIN DR 114SITLINGTONSHILL 105SITLINGTONSHILL 210SPANISH OAK RD 207SPANISH OAK RD 760WARRIOR DR 136CEDARMOUNTAIN DR 110SITLINGTONSHILL 106SITLINGTONSHILL 305LYNN DR 303LYNN DR 205SPANISH OAK RD 203SPANISH OAK RD 130CEDARMOUNTAIN DR 125CEDARMOUNTAIN DR 123CEDARMOUNTAIN DR 301LYNN DR 229LYNN DR 223LYNN DR 128CEDARMOUNTAIN DR 117CEDARMOUNTAIN DR 300LYNN DR 228LYNN DR 221LYNN DR 217LYNN DR 215LYNN DR 660WARRIOR DR 126CEDARMOUNTAIN DR 124CEDARMOUNTAIN DR 122CEDARMOUNTAIN DR 101SARVIS CT 224LYNN DR 218LYNN DR 220LYNN DR 118CEDARMOUNTAIN DR 135SPANISHOAK RD 115BAYBERRY CT 115BAYBERRY CT 214LYNN DR 100SARVIS CT 131SPANISHOAK RD 206LYNN DR 208LYNN DR 202LYNN DR 127SPANISHOAK RD 107BAYBERRY CT 200LYNN DR 121BAYBERRY CT 100BAYBERRY CT 127LUCYLONG CT 125LUCY LONG CT 123LUCY LONG CT 121LUCYLONG CT119LUCY LONG CT 122SPANISHOAK RD 119SPANISHOAK RD 122BAYBERRY CT 114BAYBERRY CT 110BAYBERRY CT 102BAYBERRY CT 128LUCYLONG CT 118SPANISH OAK RD 114SPANISHOAK RD 115SPANISHOAK RD 120BAYBERRY CT 1340MACEDONIACH RD 126LUCYLONG CT 124LUCYLONG CT 122LUCYLONG CT 120LUCY LONG CT 110SPANISHOAK RD 111SPANISHOAK RD 114QUEENSWAY 1418MACEDONIACH RD 109SPANISHOAK RD 1275TASKER RD 112QUEENS WAY 1400MACEDONIACH RD 110QUEENSWAY 108QUEENSWAY 1403MACEDONIACH RD 1423MACEDONIACH RD 208CROSSKEYS PL 106QUEENSWAY 105QUEENS WAY 104QUEENSWAY 1314MACEDONIACH RD 1320MACEDONIACH RD 106CROSSKEYS PL110CROSS KEYS PL 201CROSSKEYS PL 211CROSSKEYS PL 1270MACEDONIACH RD 1286MACEDONIACH RD 106KEVERNE CT 108KEVERNE CT 110KEVERNE CT100CROSSKEYS PL 1232MACEDONIACH RD 1238MACEDONIACH RD 1244MACEDONIACH RD 1220MACEDONIACH RD 102KEVERNE CT 1218MACEDONIACH RD 1220MACEDONIA CH RD 1226MACEDONIA CH RD 102CHELTENHAM DR 104CHELTENHAM DR 101WINTON LN 100KEVERNE CT 111KEVERNE CT 1200MACEDONIACH RD 96WAKELANDDR 1251MACEDONIACH RD 1255MACEDONIACH RD 1261MACEDONIACH RD 101CHELTENHAM DR 103WINTON LN 103KEVERNE CT 105KEVERNE CT 107KEVERNE CT 109KEVERNE CT 1211MACEDONIACH RD 1223MACEDONIACH RD 108CHELTENHAM DR 101KEVERNE CT 1199MACEDONIACH RD 98WAKELANDDR 105CHELTENHAM DR 101DORNACH CT 408CRAIG DR CR A I G D R WA K E L A N D D R LUCYLONG CT SITLING T O N S H I L L C T C R O S S K E Y S P L CHELT E N H A M D R BRID G E W A T E R D R BLACKB U R N S FORD D R BAYBE R R Y C T KEVERNE C T DEEP B O T T O M P L FREDE R I C K S B U R G D R TASKER RD QUE E N S W A Y SP A N I S H O A K R D LYNN DR MACEDONIA CHURCH RD CEDA R M O U N T A I N D R WARR I O R D R Application Parcels Sewer and Water Service Area µ Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: October 18, 2018 TASKER RD WARR I O R D R LYNN DR CRA I G D R ALBIN DR AYLOR R D BRIDGEW A T E R D R BLACKBURN S F O R D D R LUCY LONG CTVILLAG E L N SA D I C T SHUM A R D C T MACEDONIA C H U R C H R D BUT T O N B U S H A V E 0 400 800200 Feet REZ #04-18 REZ # 04 - 18: Tasker Rd and Warrior Dr Commercial PropertyPINs: 75 - A - 104, 75 - A - 104ERezoning from B2 and RP with Proffers to B2 and RP with Revised ProffersLocation Map REZ #04-18 WARRIORCENTERSubdivision MACEDONIA ACRESSubdivision WAKELANDMANORSubdivision 75 A 104E 75 A 104 525LINE DR354MONTGOMERYCIR 363MONTGOMERYCIR 105HUME CT 103HUME CT 113LADYSMITH DR 119LADYSMITH DR 105REEDVILLE CT 108UPPERVILLE DR 107UPPERVILLE DR109UPPERVILLE DR 224BRIDGEWATER DR 222BRIDGEWATER DR 228BRIDGEWATER DR 230BRIDGEWATER DR 359MONTGOMERYCIR 104HUME CT 102HUME CT 100HUME CT 106REEDVILLE CT 104UPPERVILLE DR 105UPPERVILLE DR 216BRIDGEWATER DR 229BRIDGEWATER DR231BRIDGEWATER DR 353MONTGOMERY CIR 118CHARDONNAY DR120CHARDONNAY DR 126CHARDONNAY DR 128CHARDONNAY DR 108LADYSMITH DR 105LADYSMITH DR 109REEDVILLE CT 108BRIDGEWATER DR 112BRIDGEWATER DR 221BRIDGEWATER DR225BRIDGEWATER DR 114CHARDONNAY DR116CHARDONNAY DR 129CHARDONNAY DR 104LADYSMITH DR 101LADYSMITH DR 217BRIDGEWATER DR 137BLACKBURNSFORD 135BLACKBURNSFORD 133BLACKBURNSFORD 100CABERNET CT 101SONOMA CT 100SONOMA CT 104SONOMA CT 100LADYSMITH DR 107BRIDGEWATER DR 111BRIDGEWATER DR 143BLACKBURNSFORD 139BLACKBURNSFORD 111CHARDONNAY DR 102CABERNET CT 105SONOMA CT103SONOMA CT 103BRIDGEWATER DR 158CEDARMOUNTAIN DR 153BLACKBURNSFORD 149BLACKBURNSFORD 132BLACKBURNSFORD 105CABERNET CT103CABERNET CT 106CABERNET CT 107SONOMA CT 228SPANISH OAK RD230SPANISH OAK RD 640WARRIOR DR 152CEDARMOUNTAIN DR 155BLACKBURNSFORD 102DEEPBOTTOM PL 123FREDERICKSBURG DR 430ALBIN DR 432ALBIN DR 107CABERNET CT 222SPANISHOAK RD 229SPANISH OAK RD 231SPANISHOAK RD 640WARRIOR DR 640WARRIOR DR640WARRIOR DR 640WARRIOR DR 148CEDARMOUNTAIN DR 147CEDARMOUNTAIN DR 101DEEPBOTTOM PL 105DEEP BOTTOM PL 106DEEPBOTTOM PL 124FREDERICKSBURG DR 433ALBIN DR 216SPANISH OAK RD 101SHUMARD CT 217SPANISHOAK RD 223SPANISHOAK RD 640WARRIOR DR 640WARRIOR DR 640WARRIOR DR 107DEEP BOTTOM PL 110DEEPBOTTOM PL 120FREDERICKSBURG DR 431ALBIN DR 119SHUMARD CT115SHUMARD CT 109SHUMARD CT 104SHUMARD CT 144CEDARMOUNTAIN DR 142CEDARMOUNTAIN DR 111DEEPBOTTOM PL 112DEEP BOTTOM PL 111SITLINGTONSHILL 125SHUMARD CT 112SHUMARD CT 106SHUMARD CT 212SPANISHOAK RD 211SPANISHOAK RD 138CEDARMOUNTAIN DR 131CEDARMOUNTAIN DR 114SITLINGTONSHILL 129SHUMARD CT 124SHUMARD CT120SHUMARD CT 313LYNN DR 309LYNN DR 307LYNN DR 207SPANISH OAK RD 760WARRIOR DR 112SITLINGTONSHILL 108SITLINGTONSHILL 128SHUMARD CT 314LYNN DR 204SPANISHOAK RD 301LYNN DR 203SPANISHOAK RD 130CEDARMOUNTAIN DR 123CEDARMOUNTAIN DR 120SARVIS CT 119SARVIS CT 115SARVIS CT 308LYNN DR 304LYNN DR 229LYNN DR 223LYNN DR 217LYNN DR 660WARRIOR DR 128CEDARMOUNTAIN DR 118SARVIS CT 111SARVIS CT113SARVIS CT 101SARVIS CT 228LYNN DR 224LYNN DR 215LYNN DR 122CEDARMOUNTAIN DR 120CEDARMOUNTAIN DR 112SUFFOLK CIR 114SARVIS CT 110SARVIS CT 135SPANISHOAK RD 115BAYBERRY CT 115BAYBERRY CT 218LYNN DR 214LYNN DR 114SUFFOLKCIR 101SADI CT 103SADI CT 102SARVIS CT 131SPANISH OAK RD 208LYNN DR 202LYNN DR 126SLIPPERYELM DR 107SADI CT 104SADI CT102SADI CT 128SPANISHOAK RD 127SPANISHOAK RD 109BAYBERRY CT107BAYBERRY CT 200LYNN DR 124ELM DR 113SADI CT 116SADI CT 124SPANISH OAK RD 119SPANISH OAK RD 121BAYBERRY CT 110BAYBERRY CT 100BAYBERRY CT 128LUCY LONG CT 127LUCYLONG CT 125LUCY LONG CT 123LUCY LONG CT 127SLIPPERYELM DR 117SADI CT 119SADI CT 118SADI CT 114SPANISHOAK RD 115SPANISHOAK RD 114BAYBERRY CT 126LUCYLONG CT 122LUCYLONG CT 123BUTTONBUSH AVE 123SADI CT 110SPANISHOAK RD 125SADI CT 111SPANISH OAK RD 114QUEENS WAY 1340MACEDONIACH RD122BUTTONBUSH AVE 121BUTTON BUSHAVE 109SPANISHOAK RD 1275TASKER RD 112QUEENS WAY 110QUEENS WAY 1400MACEDONIACH RD 113COTTONWOODAVE 118BUTTONBUSH AVE 117BUTTONBUSH AVE 108QUEENS WAY 105QUEENS WAY 1403MACEDONIACH RD116BUTTONBUSH AVE 111BUTTONBUSH AVE 208CROSSKEYS PL 104QUEENS WAY 106QUEENSWAY 1320MACEDONIA CH RD 107COTTONWOODAVE 112BUTTONBUSH AVE 110BUTTONBUSH AVE 109BUTTONBUSH AVE 110CROSSKEYS PL 207CROSS KEYS PL211CROSSKEYS PL 1270MACEDONIA CH RD 102QUEENSWAY 1314MACEDONIACH RD 108KEVERNE CT 110KEVERNE CT 105BUTTON BUSHAVE 1232MACEDONIACH RD 1244MACEDONIACH RD 102KEVERNE CT 106KEVERNE CT 100COTTONWOODAVE 103BUTTON BUSHAVE 1220MACEDONIACH RD 1218MACEDONIACH RD 101CHELTENHAM DR 102CHELTENHAM DR 104CHELTENHAM DR 109KEVERNE CT 111KEVERNE CT 109MOUNTAINASH CT 1223MACEDONIA CH RD 1251MACEDONIACH RD 103CHELTENHAM DR 103WINTON LN 103KEVERNE CT 105KEVERNE CT107KEVERNE CT 103MOUNTAINASH CT 1199MACEDONIACH RD 304LAUREL HILL DR 302LAURELHILL DR 306LAURELHILL DR 107CHELTENHAM DR 108CHELTENHAM DR 408CRAIG DR 1151TASKER RD 1175MACEDONIACH RD 212LAURELHILL DR 214LAURELHILL DR 103DORNACH CT 402CRAIG DR 406CRAIG DR 411CRAIG DR R E E D V I L L E C T HUME CT CRA I G D R CR O S S KE Y S P L CHELT E N H A M D R SONO M A C T MOU N T A I N A S H C T COT T O N W O O D AVE SARVIS CT WA K E L A N D D R MONT G O M E R Y C I R CAB E R N E T C T U P P E R V I L L E D R FRED E R I C K S B U R G D R BLACKB U R N S F O R D D R CHARDONNAY DR BAYBE R R Y C T KEVERNE C T DEEP B O T T O M P L LADY S M I T H D R SAD I C T QUE E N S WAY SHUM A R D C T SPANIS H OAK RD BUT T O N B U S H A V E LYNN DR MACEDONIA CHURCH RD CEDA R M O U N T A I N D R BRIDGE W A T E R D R T A S K E R R D WAR R I O R D R Application Parcels Sewer and Water Service AreaLong Range Land Use Residential Neighborhood Village Urban Center Mobile Home Community Business Highway Commercial Mixed-Use Mixed Use Commercial/Office Mixed Use Industrial/Office Industrial Warehouse Heavy Industrial Extractive Mining Commercial Rec Rural Community Center Fire & Rescue Sensitive Natural Areas Institutional Planned Unit Development Park Recreation School Employment Airport Support Area B2 / B3 Residential, 4 u/a High-Density Residential, 6 u/a High-Density Residential, 12-16 u/a Rural Area Interstate Buffer Landfill Support Area Natural Resources & Recreation Environmental & Recreational Resources µ Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: October 18, 2018 TASKER RD WARR I O R D R LYNN DR CRA I G D R ALBIN DR AYLOR R D BRIDGEW A T E R D R BLACKBURN S F O R D D R LUCY LONG CTVILLAG E L N SA D I C T SHUM A R D C T MACEDONIA C H U R C H R D BUT T O N B U S H A V E 0 490 980245 Feet REZ #04-18 REZ # 04 - 18: Tasker Rd and Warrior Dr Commercial PropertyPINs: 75 - A - 104, 75 - A - 104ERezoning from B2 and RP with Proffers to B2 and RP with Revised ProffersLong Range Land Use Map REZ #04-18 B COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Candice E. Perkins, AICP, CZA, Assistant Director RE: Brucetown Road Area Amendment (CPPA #02-18 – Carter) DATE: November 27, 2018 This is a draft amendment to the Northeast Land Use Plan of the 2035 Comprehensive Plan. This request is presented to the Planning Commission as a discussion item; Staff is seeking a recommendation from the Planning Commission to the Board of Supervisors. Proposal & Background At the Board of Supervisors September 12, 2018 meeting, the Board directed Staff to undertake a Sewer and Water Service Area (SWSA) expansion and land use designation associated with Comprehensive Plan Amendment #02-18 for the Carter Tract. This amendment proposes to add 144 acres into the Sewer and Water Service Area (SWSA) and remove 150 acres from the SWSA. This amendment also seeks to designate the 144 acres for industrial land uses. The Comprehensive Plans and Programs Committee (CPPC) discussed this amendment at their October 2018 meeting. The CPPC looked at the broader Brucetown Road area in determining which area would best support a sewer and water service area expansion and an industrial land use designation inclusion. The CPPC discussed issues associated with the Carter Tract; specifically, the environmental features located on the site. On November 19, 2018 the Comprehensive Plans and Programs Committee ultimately endorsed the Brucetown Road Area Amendment and associated text. This amendment shifts the SWSA expansion north along Brucetown Road to an area more suited for industrial development. Proposed Text: Brucetown Road Area Amendment (Proposed Text): Proposed language: The Comprehensive Plans and Programs Committee (CPPC), at their October and November 2018 meetings discussed the requested Carter Tract Amendment. This CPPA request removes land from the existing limits of the Sewer and Water Service Area (SWSA) which surround a 2019 Comprehensive Plan Amendments November 27, 2018 Page 2 portion of the existing zoned extractive manufacturing area to allow for the inclusion of the 150 acres of land. In determining the scope of the request, the CPPC looked at the broader Brucetown Road area in determining which area would best support a sewer and water service area expansion and an industrial land use designation inclusion. The scope of the review considered the following: • Review of the broader area to identify areas most appropriate for a SWSA expansion and industrial land use designation. • Distance to the existing SWSA boundary. • Proximity to the existing extractive manufacturing operation. • Access to the area including: access from the area to the existing extractive manufacturing operation and the overall transportation network including key intersections on Martinsburg Pike. • Areas being removed from the existing SWSA boundary to allow for the addition of other areas into the SWSA. The CPPC recommended that the following amendment be incorporated into the Northeast Land Use Plan: The area southeast of Exit 321, Interstate 81, Hopewell Road, and south of Brucetown Road is comprised mainly of extractive manufacturing, rural residential and agricultural land uses. The area is also located adjacent to the identified Brucetown Rural Community Center. The following items should be addressed with the future development of this area: • An industrial land use designation for areas identified as most appropriate for a SWSA expansion and industrial land use designation. • Improvements to the road network in the area to support future development. This may include improvements to Brucetown Road, Hopewell Road, and potentially the relocation of Brucetown Road north of its current intersection with Hopewell Road. • Access to the subject property via the existing quarry operation; no direct access to Brucetown Road should be considered. • Water and sewer capacity is limited and therefore any future industrial uses should recognize the capacity constraints and work with Frederick Water to adequately serve the site. • Protection of the environmental features on the site. • Proper buffering between industrial uses and the Rural Community Center. • Encourage the use of rail to reduce truck traffic on the Martinsburg Pike (Route 11 North) corridor. Conclusion 2019 Comprehensive Plan Amendments November 27, 2018 Page 3 Please find attached a memo from the FCSA with their comments for the requested comprehensive plan amendment application. Attached you will also find a map showing the location of the proposal, and a map showing the location of the proposal in the context of the Northeast Land Use Plan. This request is presented to the Planning Commission as a discussion item; Staff is seeking a recommendation from the Planning Commission to the Board of Supervisors. CEP/pd Attachments Baltimore & Ohio R R £¤11 §¨¦81 §¨¦81 §¨¦81 JER E M I A H LN TA T A N K A LN 34 A 24D W E S LU K E D R A I K E N L N H O P E W E L L R D SH A D Y C R E E K R D W H I F F L E T R E E LN M A C A B O Y LN P O O L S I D E D R J E F F S W A Y C O U N T R Y LN S O J O U R N E R LN G R A S S H O P P E R LNC O M M U N I T Y D R C L E A R B R O O K D R H O P E W E L L L N J O B E S M I L L L N C E D A R H I L L R D J O H N D E E R E C T P A R T N E R O F C H O I C E L N LITTL E R L N S I R J O H N S R D B R A N S O N S P R I N G R D A B R I L S R U N L N R O C K Y F O R D R D B R U C E T O W N R D G U N C L U B R D M A R T I N S B U R G P I K E TH I S T L E L N W A L T E R S M I L L L N W O O D S I D E R D S L A T E L N G R A C E C H U R C H R D Q U A R R Y L N White Property Parcels Sewer and Water Service AreaLong Range Land Use Business Mixed Use Industrial/Office Industrial Warehouse Heavy Industrial Extractive Mining Rural Community Center Fire & Rescue Sensitive Natural Areas Institutional Map Produced by Frederick County Planning and Development Dept.November 27, 2018 0 0.35 0.70.175 Miles W h ite P ro p e rtyP IN : 3 4 -A -2 4 D N o rth e a st La n d U se P la n I §¨¦81 §¨¦81 §¨¦81 HOPEWELL R D GRA S S H O P P E R L N WES LUK E D R CED A R HILL R D A I K E N L N JEREMIAHLN ALF A L F A LN TATANKA LN PO O L S I D E D R JEFFSWAY ST E P H E N S O N R D MAR T I N S B U R G P I K E BRUCETOWN RD HOPEW E L L L N PA R T N E R O F C H O I C E L N LITTLER LN WOODSIDE RD SLA T E L N GUN C L U B R D WALTERS M I L L L N QUA R R Y L N Current SWSA Remove from SWSA Industrial Land Use Parcels I Map Produced by Frederick County Planning and Development Dept.October 29, 2018 Proposed Draft Future Land Use 0 0.35 0.70.175 Miles REMOVE~ 150 acres §¨¦81 §¨¦81 §¨¦81 S I R J O H N S R D J E R E M I A H LN Turkey Run Tu r k e y R u n Turkey R u n HotRun H o t R u n Turkey R u n Hot Run Slat e R u n Hot Run Cl e a r b r o o k R u n TA T A N K A LN W E S LU K E D R A I K E N L N H O P E W E L L R D P O O L S I D E D R J E F F S W A Y G R A S S H O P P E R LN G R A C E C H U R C H R D M A R T I N S B U R G P I K E H O P E W E L L L N B R U C E T O W N R D C E D A R H I L L R D P A R T N E R O F C H O I C E L N L I T T L E R L N S L A T E L N G U N C L U B R D W O O D S I D E R D W A L T E R S M I L L L N Q U A R R Y L N Current SWSA ParcelsWhite Property Draft SWSA Draft SWSA Add Remove I Map Produced by Frederick County Planning and Development Dept.October 29, 2018 P ro p o s e d D ra ft S W S A A d ju s tm e n t O p tio n 1 - W h ite P ro p e rty 0 0.35 0.70.175 Miles REMOVE~ 150 acres ADD~ 144 acres C SITE PLAN (SUBDIVISION) #22-18 SPRING RUN – 15 Lot Townhouse Subdivision Staff Report for the Planning Commission Prepared: November 27, 2018 Staff Contact: M. Tyler Klein, AICP, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 12/05/18 Pending Board of Supervisors: 01/09/18 Pending LOCATION: The property is located on 2659 Senseny Road, Winchester. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 65-A-46 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) – Mobile Home ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential/Senseny Road East: RA (Rural Areas) Use: Residential West: RP (Residential Performance) Use: Residential EXECUTIVE SUMMARY: This application is for a subdivision design plan for fifteen (15) single-family attached (townhouses) units with a minimum lot size of 1,936+/- square feet planned to be constructed on 1.88+/- acres of land zoned RA (Rural Areas) District with RP (Residential Performance) standards via Transfer of Development Rights (TDR) credits. The proposed subdivision will be accessed from Senseny Road (Route 657) via a private internal road (Coralyrose Court). This subject property is located within the limits of the Urban Development Area (UDA) and the Sewer Water Service Area (SWSA). The 2035 Frederick County Comprehensive Policy Plan also shows this property with a residential land use designation. Although the property is zoned RA (Rural Areas), the Applicant will utilize the County’s Transfer of Development Rights (TDR) program to develop additional lots with RP (Residential Performance) District standards. The Applicant has purchased 10 TDR credits from Receiving Area #2 which has a value of 1.5 residential units per credit for a total of 15 units (10 credits x 1.5 units = 15 units allowed). Site Plan (Subdivision) #22-18, Spring Run – 15 Lot Townhouse Subdivision November 27, 2018 Page 2 The Applicant also previously received a waiver of the Master Development Plan (MDP) requirement on June 13, 2018 and has chosen to process a subdivision design plan (site plan) in lieu of the MDP. When processing a subdivision design plan in lieu of the MDP, the application must be presented to the Planning Commission and the Board of Supervisors as an informational item. Following its presentation to the Planning Commission and the Board of Supervisors, Staff will proceed with approval of the plan. This application is presented for information; no action is necessary. SUBDIVISION SPECIFICS: Subdivision of 1.88+/- acres into fifteen (15) single-family (townhouses) lots with a minimum lot size of 1,936 +/- square feet each. REVIEW AGENCY COMMENTS: Virginia Department of Transportation: See comment letter dated May 7, 2018. Frederick County Fire Marshall: Approved. See comment letter dated February 16, 2018. Inspections: See comment letter dated May 14, 2018. Frederick County Public Works: Upon review of the revised site plan dated September 17, 2018, we recommend approval of the subject plan. See comment letter dated November 14, 2018. Parks and Recreation: Plans updated to meet 0.5 recreation unit obligation. Appears to meet Parks and Recreation Requirements. See comment letter dated April 10, 2018. GIS: Road Name of Coralyrose Court is approved for Spring Run Townhomes Subdivision. See comment letter dated May 21, 2018. Frederick Water: See comment letter dated November 26, 2018. Frederick County Public Schools: See comment letter dated April 11, 2018. Planning & Development: The Subdivision Ordinance requires that land divisions in the RP (Residential Performance) Zoning District, without an approved Master Development Plan Site Plan (Subdivision) #22-18, Spring Run – 15 Lot Townhouse Subdivision November 27, 2018 Page 3 (MDP) be presented to the Board of Supervisors (Chapter144-12E). The MDP requirement may be waived under Section 165-801.03A(5) of the Frederick County Zoning Ordinance if the Applicant chooses to process a design plan in lieu of MDP: A MDP may also be waived if the Applicant chooses to process a site plan in lieu of a MDP. The site plan must contain all information generally required on a MDP and a site plan. Once the site plan is in an administratively approvable form, the plan will be presented to the Planning Commission and the Board of Supervisors per § 165-801.06. This application is for a subdivision design plan for fifteen (15) single-family attached (townhouses) units with a minimum lot size of 1,936+/- square feet planned to be constructed on 1.88+/- acres of land zoned RA (Rural Areas) District with RP (Residential Performance) standards via Transfer of Development Rights (TDR’s). The proposed subdivision will be accessed from Senseny Road (Route 657) via a private internal road (Coralyrose Court). This subject property is located within the limits of the Urban Development Area (UDA) and the Sewer Water Service Area (SWSA). The 2035 Frederick County Comprehensive Policy Plan also shows this property with a residential land use designation. The Applicant also provides right-of-way for the future condition of Senseny Road as a four-lane divided major collector roadway (as specified in the 2035 Comprehensive Plan), a 10-foot wide hiker/biker trail for inter-parcel pedestrian connectivity, internal sidewalks and the required recreational amenities (to-be-determined at the time of construction) in the form of a outdoor pavilion, playground, tot lot, or equivalent. Further, the Applicant is providing the required buffering and screening from adjacent properties and roadways. The Applicant previously received a waiver of the Master Development Plan (MDP) requirement on June 13, 2018 and has chosen to process a subdivision design plan (site plan) in lieu of the MDP. When processing a subdivision design plan in lieu of the MDP, the application must be presented to the Planning Commission and the Board of Supervisors as an informational item. Following its presentation to the Planning Commission and the Board of Supervisors, Staff will proceed with approval of the plan. STAFF CONCLUSIONS FOR THE 12/05/18 PLANNING COMMISSION MEETING: This proposed subdivision, Spring Run, meets the requirements of the Frederick County Zoning and Subdivision Ordinances and is in a form that it is administratively approvable. All of the issues brought forth by the Planning Commission should be appropriately addressed by the Applicant. This is being presented as an informational item and following its presentation to the Planning Commission and the Board of Supervisors, Staff will proceed with approval of the plan. This application is presented for information; no action is necessary. 65 A 46 216GLENRIDGE DR 214GLENRIDGE DR 215GLENRIDGE DR 105ASHLEY CIR 112ASHLEY DR 106ASHLEY DR 108ASHLEY DR 103ASHLEY DR 105ASHLEY DR 213GLENRIDGE DR 108ASHLEYCIR206GLENRIDGE DR 101ASHLEY DR 211GLENRIDGE DR 106ASHLEYCIR 102ASHLEYCIR 100ASHLEYCIR 209GLENRIDGE DR 104ASHLEYCIR 207GLENRIDGE DR 2713SENSENY RD 205GLENRIDGE DR 2691SENSENY RD 2677SENSENY RD 106DELL CT 108DELL CT 104DELL CT 102DELL CT 222CANYON RD 220CANYON RD 216CANYON RD 218CANYON RD 107DELL CT 214CANYON RD 106SENSENYGLEN DR 103DELL CT 105DELL CT 210CANYON RD 212CANYON RD 208CANYON RD 108SENSENYGLEN DR 204CANYON RD 206CANYON RD 217CANYON RD 219CANYON RD 221CANYON RD 110SENSENYGLEN DR 202CANYON RD 209CANYON RD 211CANYON RD 101RANGE CT 200CANYON RD 207CANYON RD 102RANGE CT 103COMBE DR203CANYON RD 205CANYON RD 113SENSENYGLEN DR 202SENSENYGLEN DR 103RANGE CT 104RANGE CT 115SENSENYGLEN DR 204SENSENYGLEN DR 208SENSENYGLEN DR 105RANGE CT 210SENSENYGLEN DR 212SENSENYGLEN DR 105COMBE DR 132CANYON RD 214SENSENYGLEN DR 216SENSENYGLEN DR 218SENSENYGLEN DR ASHLEY CIR G L E N R I D G E D R CANYON R D SENSENY R D Application Parcels Sewer and Water Service Area Future Rt 37 Bypass RP (Residential Performance District)µ Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: November 19, 2018 SENSENY RD CA N Y O N R D SENSENY GLEN DR MO R N I N G G L O R Y D R GLENR I D G E D R AS H L E Y D R TIC K H I L L L N DELL CT KAPO K C I R V A L E C T RAN G E C T 0 170 34085 Feet SP #22-18 SP # 22 - 18: Spring RunPIN: 65 - A - 4615 Lot Townhouse SubdivisionZoning Map 65 A 46 216GLENRIDGE DR 214GLENRIDGE DR 215GLENRIDGE DR 105ASHLEY CIR 112ASHLEY DR 106ASHLEY DR 108ASHLEY DR 103ASHLEY DR 105ASHLEY DR 213GLENRIDGE DR 108ASHLEYCIR206GLENRIDGE DR 101ASHLEY DR 211GLENRIDGE DR 106ASHLEYCIR 102ASHLEYCIR 100ASHLEYCIR 209GLENRIDGE DR 104ASHLEYCIR 207GLENRIDGE DR 2713SENSENY RD 205GLENRIDGE DR 2691SENSENY RD 2677SENSENY RD 106DELL CT 108DELL CT 104DELL CT 102DELL CT 222CANYON RD 220CANYON RD 216CANYON RD 218CANYON RD 107DELL CT 214CANYON RD 106SENSENYGLEN DR 103DELL CT 105DELL CT 210CANYON RD 212CANYON RD 208CANYON RD 108SENSENYGLEN DR 204CANYON RD 206CANYON RD 217CANYON RD 219CANYON RD 221CANYON RD 110SENSENYGLEN DR 202CANYON RD 209CANYON RD 211CANYON RD 101RANGE CT 200CANYON RD 207CANYON RD 102RANGE CT 103COMBE DR203CANYON RD 205CANYON RD 113SENSENYGLEN DR 202SENSENYGLEN DR 103RANGE CT 104RANGE CT 115SENSENYGLEN DR 204SENSENYGLEN DR 208SENSENYGLEN DR 105RANGE CT 210SENSENYGLEN DR 212SENSENYGLEN DR 105COMBE DR 132CANYON RD 214SENSENYGLEN DR 216SENSENYGLEN DR 218SENSENYGLEN DR ASHLEY CIR G L E N R I D G E D R CANYON R D SENSENY R D Application Parcels Sewer and Water Service Area Future Rt 37 Bypass µ Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: November 19, 2018 SENSENY RD CA N Y O N R D SENSENY GLEN DR MO R N I N G G L O R Y D R GLENR I D G E D R AS H L E Y D R TIC K H I L L L N DELL CT KAPO K C I R V A L E C T RAN G E C T 0 170 34085 Feet SP #22-18 SP # 22 - 18: Spring RunPIN: 65 - A - 4615 Lot Townhouse SubdivisionLocation Map D PLANNING COMMISSION BYLAWS County of Frederick, Virginia Proposed for Consideration At the December 5, 2018 Planning Commission ARTICLE I - AUTHORIZATION 1-1 The Frederick County Planning Commission is established by and in conformance with Chapter 21 of the Code of Frederick County, and in accord with the provisions of Section 15.2-2210 of the Code of Virginia (1950), as amended. 1-2 The official title of this body shall be the Frederick County Planning Commission, hereinafter referred to as the "Commission". ARTICLE II - PURPOSE 2-1 The primary purpose of the Commission is to advise the Frederick County Board of Supervisors and to carry out all duties and functions described by the Code of Virginia, as amended. ARTICLE III - MEMBERSHIP 3-1 The membership of the Commission shall be determined by the Frederick County Board of Supervisors as specified in Chapter 21 of the Code of Frederick County. Methods of appointment and terms of office shall be determined by Chapter 21 of the Code of Frederick County. 3-2 Within the first month of initial appointment, new Commissioner appointees shall: 1) participate in an orientation to familiarize themselves with the operations of the Department and the Commission, and 2) meet with planning staff representatives in an effort to review and better understand specific agenda items by no later than their second Planning Commission meeting. Page 2 Planning Commission Bylaws Proposed for consideration at the December 5, 2018 Planning Commission ARTICLE IV - OFFICERS 4-1 Officers of the Commission shall consist of a chairman, vice-chairman and secretary. The chairman and vice-chairman must be voting members of the Commission. The secretary shall be a member of the Commission or a county employee. 4-2 Selection 4-2-1 The officers shall be elected by the voting members of the Commission at the first meeting of the calendar year. 4-2-2 Nomination of officers shall be made from the floor. Elections of officers shall follow immediately. A candidate receiving a majority vote of the entire voting membership shall be declared elected. 4-3 Duties 4-3-1 The Chairman shall: 4-3-1-1 Preside at meetings. 4-3-1-2 Appoint committees. 4-3-1-3 Rule on procedural questions. A ruling on a procedural question by the chairman shall be subject to reversal by a two-thirds majority vote of the members present. 4-3-1-4 Report official communications. 4-3-1-5 Certify official documents involving the authority of the Commission. 4-3-1-6 Certify minutes as true and correct copies. 4-3-1-7 Carry out other duties as assigned by the Board of Supervisors and the Commission. 4-3-2 The Vice-Chairman shall: 4-3-2-1 Assume the full powers of the chairman in the absence or inability of the chairman to act. 4-3-2-2 When acting as chair, the vice-chairman shall carry out other duties as assigned by the Board of Supervisors and the Commission Chairman. Page 3 Planning Commission Bylaws Proposed for consideration at the December 5, 2018 Planning Commission 4-3-3 The Secretary shall: 4-3-3-1 Ensure that attendance is recorded at all meetings. 4-3-3-2 Ensure that the minutes of all Commission meetings are recorded. 4-3-3-3 Notify members of all meetings. 4-3-3-4 Prepare agendas for all meetings. 4-3-3-5 Maintain files of all official Commission records and reports. Official records and reports may be purged in accordance with applicable state codes. 4-3-3-6 Give notice of all Commission meetings, public hearings and public meetings. 4-3-3-7 Provide to the Board of Supervisors reports and recommendations of the Commission. 4-3-3-8 Attend to the correspondence necessary for the execution of the duties and functions of the Commission. 4-4 Term of Office 4-4-1 Officers shall be elected for a one-year term or until a successor takes office. Vacancies shall be filled for an unexpired term by a majority vote of the Commission. In such cases, the newly elected officer shall serve only until the end of the calendar year or until a successor takes office. 4-5 Temporary Chairman 4-5-1 In the event of the absence of both the chairman and the vice-chairman from any meeting, the Commission shall designate from among its members a temporary chairman who shall act for that meeting in the absence of the chairman or vice- chairman. Page 4 Planning Commission Bylaws Proposed for consideration at the December 5, 2018 Planning Commission ARTICLE V - COMMITTEES 5-1 The Commission shall establish committees necessary to accomplish its purpose. 5-2 In establishing committees, the Commission shall describe the purpose for each committee. 5-3 Members of the committees shall be appointed by the chairman and will serve for a term of one year. The chairman may request recommendations from the Commission or committee members on committee appointments. 5-4 Commission members, employees of the County, and citizen volunteers may be members of the committee. 5-5 The chairman and vice-chairman of the Planning Commission shall be ex-officio members of every committee. 5-6 The committees will elect a chairman and vice-chairman annually. These officers shall be current Commission members and should represent different Magisterial Districts, if possible. 5-7 The committees may operate as a committee of the whole or by executive committee, with current and past Commission members serving as members of the executive committee. 5-8 The committees may establish standing subcommittees whose activities will be a specific responsibility of the parent committee. One executive committee member will serve as liaison to the standing subcommittee and will assist staff in managing its activities. Membership will be comprised of past Commission members and citizens. Membership will be appointed by the chairman of the Committee with concurrence by the Commission Chairman. 5-9 The committees may establish working groups to assist in specific, carefully-defined tasks for a limited period of time. Important considerations for membership on the working group are skills and experience necessary to assist in providing acceptable solutions. Membership will be appointed by the Chairman of the Committee with concurrence by the Commission Chairman. Page 5 Planning Commission Bylaws Proposed for consideration at the December 5, 2018 Planning Commission ARTICLE VI – COMMISSION MEETINGS 6-1 At the first meeting of each calendar year, the Commission shall fix the date, time, and place of all its regular meetings for the ensuing calendar year, and shall fix the day on which a regular meeting shall be continued should the Chairman declare that weather or other conditions make it hazardous for members to attend. 6-2 Special meetings may be called by the chairman or by the secretary after due notice and publication by the secretary. 6-3 Notice of all meetings shall be sent by the secretary with an agenda at least five calendar days before the meeting. 6-4 All meetings of the Commission shall be open to the public except for Closed Sessions held in accordance with the provision specified under Section 2.2-3711(A) of the Code of Virginia, 1950, as amended. ARTICLE VII - VOTING 7-1 A majority of voting members shall constitute a quorum. No action shall be taken or motion made unless a quorum is present. 7-2 No action of the Commission shall be valid unless authorized by a majority vote of those present and voting. ARTICLE VIII - OPERATING RULES 8-1 Order of Business for a regular meeting 8-1-1 Call to Order. 8-1-2 Adoption of the Agenda. 8-1-3 Consideration of Minutes. 8-1-4 Committee Reports. 8-1-5 Citizen Comments on Items not on the Agenda. Page 6 Planning Commission Bylaws Proposed for consideration at the December 5, 2018 Planning Commission 8-1-6 Public Hearings. 8-1-7 Action Items. 8-1-8 Information/Discussion Items 8-1-9 Other. 8-1-10 Adjournment. 8-2 Minutes 8-2-1 The Commission shall keep minutes of each meeting. The chairman and secretary shall sign all minutes following approval by the Commission certifying that the minutes are true and correct. Minutes made available to the public prior to formal approval by the Commission shall be clearly identified as a draft version of the meeting. 8-3 Procedures 8-3-1 Parliamentary procedure in the Commission meetings shall be governed by Robert's Rules of Order, except where otherwise specified in these procedures. 8-3-2 Whenever an agenda item involves a recommendation to the Board of Supervisors, the Commission shall continue to consider the item until a definite recommendation is made. If a motion has been made and defeated, additional, different motions may be made concerning the item under consideration. 8-3-3 The initial motion on an agenda item shall be made by a member representing the application’s Magisterial District. If both District representatives are absent or decline to make the initial motion, then any other Commissioner may act. 8-3-4 Business items on the agenda shall be considered using the following procedures: 8-3-4-1 Report by County Staff. 8-3-4-2 Presentation by Applicant. 8-3-4-3 Citizen Comment. 8-3-4-4 Applicant Response. 8-3-4-5 Staff Summary. Page 7 Planning Commission Bylaws Proposed for consideration at the December 5, 2018 Planning Commission 8-3-4-6 Discussion by Commission. 8-3-4-7 Motion and Action by Commission. 8-3-5 Public comment shall be allowed in all cases required by the Code of Virginia, 1950, as amended, or the Code of Frederick County. In other cases, the chairman may allow public comment. 8-3-6 The Commission members may ask questions of clarification and information after the staff report, applicant presentation, and/or citizen comment. 8-3-7 Petitions, displays, documents or correspondence presented at a meeting may be made part of the official record of the meeting by motion of the Commission and are to be kept on file by the secretary. Such items need not be made part of the published minutes. 8-3-8 Public Hearings 8-3-8-1 The Commission shall hold public hearings on all items for which hearings are required by the Code of Virginia, 1950, as amended, or by the Code of Frederick County. Such public hearing shall be advertised and notifications provided as required by the Code of Virginia, 1950, as amended. 8-3-8-2 The Chairman may establish special rules for any public hearing at the beginning of said hearing. These rules may include limitations on the time of staff report, applicant presentation and citizen comment. 8-3-8-3 In addition to those required by law, the Commission may hold public hearings on any matter, under the purview of the Commission, which it deems to be in the public interest. In such cases, the public hearings shall follow all procedures described for public hearing in these bylaws. 8-3-8-4 The 90-day period (Section 165-102.03 of the Frederick County Zoning Ordinance) for the Planning Commission to make a rezoning recommendation to the Board will start after the first Commission meeting following the referral of the amendment to the Commission. 8-3-9 Tabling 8-3-9-1 The Planning Commission shall have the authority to postpone agenda items 45- calendar days (less if reaching the limits of Section 165-102.03) Page 8 Planning Commission Bylaws Proposed for consideration at the December 5, 2018 Planning Commission for any one of the following: A) The agenda item does not meet the requirements of the Code of Virginia, 1950, as amended. B) The agenda item does not meet the requirements of the Code of Frederick County. C) Insufficient information has been provided for the agenda item. D) Revised proffers have been received from the applicant less than eight (8) calendar days of the advertised Planning Commission meeting. E) Issues or concerns that arise during formal discussion of the agenda item warrant additional information or study. F) The applicant provides the Frederick County Planning Department with a written request to postpone the agenda item. G) The Frederick County Planning Department is advised of an emergency situation that prevents attendance by the applicant. H) The applicant fails to appear at the meeting in which the application has been advertised to appear. 8-3-9-2 The applicant shall be permitted to request that an agenda item be postponed from a scheduled Planning Commission meeting one time. The Planning Commission shall table the application for a specific period of time to ensure that the requirements of Section 165-102.03 of the Frederick County Zoning Ordinance are not exceeded unless the applicant requests a waiver from this requirement. In no case shall an application be postponed for more than 12 months from the time the complete application was received by the Zoning Administrator or applicable staff. 8-3-9-3 An application that has been postponed for an unspecified period of time shall be re-advertised for consideration by the Planning Commission once the following steps have been completed: A) The applicant has requested in writing that the agenda item be considered by the Planning Commission. B) The applicant has provided all required information to the Page 9 Planning Commission Bylaws Proposed for consideration at the December 5, 2018 Planning Commission Frederick County Planning Department which addresses all concerns of the Planning Commission. 8-3-10 Work sessions 8-3-10-1 The Commission may hold work sessions at which the procedural rules of these bylaws shall not apply. 8-3-10-2 Work sessions shall be held after the adjournment of regular meetings or at the time and place set by the Commission and/or the Board of Supervisors. 8-3-10-3 Notice of work sessions shall be sent to the Planning Commissioners at least five days before the session. 8-3-10-4 The chairman shall lead the session and require orderly behavior and discussion. 8-3-10-5 No actions shall be taken or motions made at a work session. 8-3-10-6 Work sessions shall be open to the public. Public comment is not required at a work session. 8-3-10-7 The secretary shall keep a general record of all work sessions and the items discussed. 8-3-11 Adjournment 8-3-11-1 In no case shall the Commission consider any new items after 10:30 P.M. and the meeting shall be adjourned by 11:00 P.M. In the instance that an item begun before 10:30P.M. has not been acted on by the 11:00 P.M. hour, the Commission may, by majority vote, lift the adjournment time until a recommendation has been made, or such time, after 11:00 P.M., as the Commission may fix. ARTICLE IX - AMENDMENTS 9-1 These bylaws may be amended by a majority vote of the entire voting membership after thirty days prior notice at any time during the calendar year. 9-2 The Planning Commission shall conduct an annual review of these bylaws each Page 10 Planning Commission Bylaws Proposed for consideration at the December 5, 2018 Planning Commission calendar year to ensure their accuracy. 9-3 At the first meeting of the calendar year, the By-Laws will be adopted. FREDERICK COUNTY PLANNING COMMISSION ROLES AND RESPONSIBILITIES Proposed for Consideration At the December 5, 2018 Planning Commission 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 postponed. The purpose of the work Page 2 Planning Commission Roles and Responsibilities Proposed for Consideration at the December 5, 2018 Planning Commission session is to discuss amongst each other and with staff details of the application, any revised proffers provided or anticipated by the applicant, and other improvements which could be made to the application. For either a briefing or a work session: -The applicant should attend, but will not have an active role. -The format of a Planning Commission work session as identified in paragraph 8- 3-10 of the Commission’s By-Laws will be used. -In no case will the legal timeline for consideration before the Planning Commission be changed. Public Hearing/Meeting: Efficient and effective public hearings are an essential part of enabling the Commission to make reasoned recommendations to the Board of Supervisors. Every attempt will be made to obtain focused and broad representation of opinion or information from the public. When possible, specific time limitations will not be used. However, both rules of order as well as time constraints most appropriate for the specific application will be implemented when there is either large interest in or controversy regarding an application. One constant during this process on both the part of the public, the applicant and the Commission itself is civility and respect for information offered or a differing opinion. Deviation from this behavior is unacceptable. COMMISSIONER DEVELOPMENT: Each Commissioner shall be committed to preparing for and keeping knowledge current in order to do the most effective job for the community. New initial appointees should strive to obtain Planning Commissioner certification from an acceptable training program within the first year of appointment. This training is supported by the Planning Department budget. Further continuing education through many offerings should be pursued and will be supported by the Planning budget as possible. These opportunities should be shared amongst the number of Commissioners who are serving. Examples include PlanVirginia Page 3 Planning Commission Roles and Responsibilities Proposed for Consideration at the December 5, 2018 Planning Commission 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. Im plied endorsements by the Commission should be avoided.