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
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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
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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
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Parcels
Sewer and Water Service Area µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: October 18, 2018
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Natural Resources & Recreation
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Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: October 18, 2018
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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
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Sewer and Water Service AreaLong Range Land Use
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Map Produced by Frederick County Planning and Development Dept.November 27, 2018 0 0.35 0.70.175 Miles
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Map Produced by Frederick County Planning and Development Dept.October 29, 2018
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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)
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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
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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
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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
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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
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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.