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PC 05-16-01 Meeting Agenda11-6-A�� C- W 11 - AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia MAY 16, 2001 7:00 P.M. CALL TO ORDER TAB 1) April 4, 2001 Minutes .................................................... (A) 2) Committee Reports ................................................ (no tab) 3) Citizen Comments ................................................. (no tab) PUBLIC HEARING 4) Conditional Use Permit #03-01 of Kitty B. Hockman and Kitty Hockman-Nicholas for a Cottage Occupation for a Bed and Breakfast. This property is located at 690 Shady Elm Road (Hedgebrook Farm Log Guest House) and is identified with Property Identification Number 74-A-67 in the Back Creek Magisterial District. (Mr.Cheran)............................. ............................ (B) DISCUSSION ITEMS 5) Discussion on the MS (Medical Support) District (Mr. Wyatt)..........................................................(D) 6) Discussion on the Planning Commission Bylaws (Mr. Wyatt)..........................................................(C) 7) Other s • • MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on April 4, 2001. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Cordell Watt, Back Creek District; S. Blaine Wilson, Shawnee District; Greg L. Unger, Back Creek District; John H. Light, Stonewall District; Richard C. Ours, Opequon District; George J. Kriz, Gainesboro District; Robert A. Morris, Shawnee District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Charles E. Triplett, Gainesboro District; Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director, Mark R. Cheran, Planner I; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - FEBRUARY 21, 2001 Upon motion made by Mr. Kriz and seconded by Mr. Thomas, the minutes of February 21, 2001 were unanimously approved as presented. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 03/22/01 Mtg. Mr. Wyatt reported that the DRRS met with representatives of Valley Health Systems and continued discussions on the Medical Support District. Mr. Wyatt said the discussion included uses that may be appropriate and the development of standards; he said that a draft skeleton ordinance will be prepared for the committee's meeting in April. Frederick County Planning Commission Minutes of April 4, 2001 Page 647 -2 - PUBLIC HEARITNIGS Rezoning Application #03-01 of Jeffrey E. Williams (tabled 02/21/01), submitted by G. W. Clifford & Associates, Inc. to rezone 1.75 acres from RA (Rural Areas) to R5 (Residential Recreational). This property is located 1.7 miles south of Double Tollgate on the west side of Rt. 340 and 522 South and is identified with P.I.N. 94-A-1 in the Opequon Magisterial District. Action - Recommended Approval with Proffers Mr. Evan Wyatt, Planning Director, pointed out the location of the property on a map and stated that the property is located outside of the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). He said that the property has frontage on Rts. 340/522 So. within Clarke County, which is classified as a major arterial road; he said the majority of acreage surrounding this parcel is within the Shenandoah Master Development Plan. Mr. Wyatt added that the relationship of this parcel to the Shenandoah Master Development Plan suggests this acreage would be within the area ofthe proposed Village Center and main access road; therefore, this acreage may actually eliminate an existing residential land use without creating new residences. Mr. Wyatt continued, stating that the impacts associated with this rezoning proposal are negligible. In addition, Stephens City Volunteer Fire and Rescue Chief, Greg Lauck, indicated no concerns with the proposed project, based on his discussions with the applicant's representative. Mr. Wyatt said this rezoning was tabled from the Commission's February 21, 2001 meeting because the property was not posted appropriately as required by State Code, however, those requirements have been met for this public hearing. Yr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the design engineers for the project, was present to represent the applicant, Mr. Jeffrey E. Williams. In response to a question from the Commission, Mr. Maddox said that this parcel will become fully incorporated into the Shenandoah project. Mr. Maddox explained that this property will be the access road for the project and via a boundary line adjustment, will be dedicated to the State. Chairman DeHaven called for public comments and the following person came forward to speak in opposition: Mr. Chris Bates, a property owner directly across Rt. 522 South and a property owner in the Shawnee District of Frederick County, was concerned that the owner of the property in question was not present and he believed Mr. Maddox did not have the authority to represent the property owner. Mr. Bates also believed that not all of the contingencies of the purchase agreement for this property have been met. In addition, Mr. Bates said that the Shenandoah project had a long way to go before it came to fruition and, therefore, there was plenty of time before this rezoning should even be considered. Mr. Wyatt believed that the applicant's presence wasn't relative because the last page of the application package includes required signatures of both the owner and the applicant, therefore, Mr. Maddox has the right to represent the applicant in this case. Mr. Wyatt stated that, in addition, the property owner has Frederick County Planning Commission Minutes of April 4, 2001 Page 648 -3 - signed the proffer statement. The Planning Commission believed the rezoning was appropriate and no particular issues were raised. Upon motion made by Mr. Thomas and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application 903-01 of Jeffrey E. Williams, submitted by G. W. Clifford & Associates, Inc., to rezone 1.75 acres from RA (Rural Areas) to R5 (Residential Recreational) with proffers as submitted by the applicant. Conditional U.-:-- hermit 902-01 of David and Lisa Moore (Seasonal Colors Landscape & Lawn Maintenance, Inc.) for a landscape contracting business. This property is located at 120 Green Spring Road and is identified with P.I.N. 22-7-1-4 in the Gainesboro Magisterial District. Action - Recommended Denial Chairman DeHaven stated that he would abstain from discussion and voting on this item due to a possible conflict of interest. At this point, Vice Chairman Thomas conducted the meeting. Mr. Mark R. Cheran, Planner I, read the background information and review agency comments. Mr. Cheran said that this application is in response to a zoning violation complaint the staff received and the applicant was cited for the operation of an illegal business. He stated that the property is located within the White Hall Rural Preservation Subdivision; the property contains a residential structure with an attached three -bay garage; adjoining uses include residential, a church, and a country general store. Mr. Cheran continued, stating that the applicant advised staff that the majority of his business is conducted off-site and only office functions of the business are located on-site; there are currently eight employees who work off-site, but park their vehicles on the property; one office employee will work in the residence three days per week; and the subject property would be the residence of the property owner, as well as the office for the business operation. In addition, Mr. Cheran advised the Commission that the property contains a large gravel area adjacent to the residence which provides access to the three -bay garage, as well as the storage area for company trucks, trailers, and equipment associated with the landscape business. Mr. Cheran next read five recommended conditions, should the permit be approved. He also pointed out a petition of opposition with 18 signatures within the Commission's information package, plus he noted that staff had received three phone calls concerning the permit. Mr. David Moore, the property owner and applicant, stated that he owned seven trucks with six stored on-site; he said that his business is conducted off-site and there is no retail. Mr. Moore explained that six employees arrive in one vehicle and one secretary arrives in one vehicle. He said that he has three trailers, a skid loader, two outbuildings, and one dumpster stored on the property. Mr. Moore said that he employees six laborers, one supervisor, one foreman, and two part-time persons for a total of ten employees Frederick County Planning Commission Minutes of April 4, 2001 Page 649 -4 - besides himself and his secretary. He stated that he has been in business for three years, however, in the past he rented a commercial lot for his storage. Mr. Moore said that he was misled by the realtor about the restrictions on the property and he was under the assumption he could operate his business at this location. Commission members had questions for the applicant about vegetative buffering, a commercial entrance, a business license, and the use of chemicals/ fertilizers. Vice Chairman Thomas called for citizen comments and the following persons came forward to speak in opposition: Mr. Carmine Russo, property owner at 571 Warm Springs Road, spoke about the trucks, trailers, equipment, tanks, a small gas tank, and other materials he has observed on the property; he could not understand how the applicant could purchase this property without knowing about the subdivision's deed covenants and restrictions. Mr. Russo believed that the materials associated with the business should be removed and the property used solely for residential use. Mr. Ralph Cumberland, property owner on Green Springs Road, said that he purchased his property in February, two houses up from Mr. Moore, at the same time Mr. Moore moved his business in. Mr. Cumberland had a copy of the deed covenants, which he said was attached to his sales contract that he received when he purchased his property. He pointed out that the covenants prohibit commercial business on the property. Mr. Cumberland mentioned the petition of opposition with 18 signatures of persons in the community; he also presented photographs. Mr. Cumberland was opposed to the business because of its intensity and its impact on the quiet tranquility of the neighborhood. Ms. Deborah Hogan, resident at 221 Green Springs Road, stated that both she and her husband were opposed to this business being located in their residential neighborhood because of its intensity and its impact on the quiet tranquility of the neighborhood. Ms. Hogan was concerned about the precedent that may be set if the business is allowed to continue and she was also concerned about possible future expansion of the business. She did not understand how anyone in business would not first check with the County to make sure there were no problems with establishing a business at this location. Mr. James Brinkmyer, a resident in Green Springs Estates, stated that he has a considerable amount of money invested in his home and it was upsetting for him to see a business established in this residential area. Mr. Brinkmyer said he was opposed to Mr. Moore's business at this location because it detracted from the beauty of the country -setting. He presented photographs of Mr. Moore's property and believed it would be difficult to screen because of its high elevation. Mr. Brinkmyer said that he has observed several trucks, a couple of bobcats, and two storage tanks on the property. He also was concerned about future expansion of the business. Mr. Erik Erdal, adjoining property owner 1208 Apple Pie Ridge Road, stated that he was opposed to the conditional use permit at this location for all the same reasons previously stated by the other citizens. Mr. Erdal stated that as a realtor who has sold homes in this subdivision, it has been well advertised that the use of the lots in this subdivision is restricted. There were no other citizen comments. Vice Chairman Thomas closed the public hearing portion of the meeting and asked the applicant if he wished to make any further comments. Frederick County Planning Commission Minutes of April 4, 2001 Page 650 -5 - Mrs. Lisa Moore, wife of Mr. David Moore and co-owner and applicant, came forward to respond to some of the concerns raised by the neighbors. Mrs. Moore stated that the realtor has admitted to mistakenly omitting the deed restrictions when she and her husband purchased the property. She said that the realtor has offered a "guaranteed buy-back" as an available option, if the conditional use permit is not approved, however, she and her husband have already invested additional money into the home that they will never get back. Individual Commission members reported observing a large parking area with numerous vehicles and various equipment, and the unsightly appearance of a dumpster on the property; they believed the property would be difficult to screen. Commissioners also believed the use of the property was far too intense to be classified as a conditional use and they believed the use would negatively impact the neighborhood. Upon motion made by Mr. Light and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend denial of Conditional Use Permit #02-01 of David and Lisa Moore (Seasonal Colors Landscape & Lawn Maintenance, Inc_) for a landscape contracting business at 120 Green Spring Road in the Gainesboro Magisterial District. YES (FOR DENIAL): Watt, Unger, Morris, Light, Wilson, Thomas, Ours, Kriz, Fisher ABSTAIN: DeHaven PLANNING CC"MMISSION ADJOURNS TO WORK SESSION Upon motion made by Mr. Kriz and seconded by Mr. Light, the Commission unanimously voted to adjourn their meeting to go into a work session and then reconvene after the work session to discuss the Bylaws of the Planning Commission. WORK SESSION -PRESENTATION BY H. WELLINGTON JONES ENGINEER/ DIRECTOR OF THE FREDERICK COUNTY SANITATION AUTHORITY REGARDING WATER & SEWER ISSUES IN FREDERICK COUNTY PLANNING COMMISSION RECONVENES TO REGULAR SESSION DISCUSSION OF THE PLANNING COMMISSION BYLAWS The Planning Commission and staff proceeded with a comprehensive review of the Commission's Bylaws to ensure that procedures were up-to-date. The following recommendations were made for potential amendments to the bylaws. Frederick County Planning Commission Minutes of April 4, 2001 Page 651 Article 4-3-1-6 was amended to state, "Me Chairman shall carry out other duties as assigned by the Board of Supervisors." Article 4-3-2-2 was amended to state, "The Vice -Chairman shall carry out other duties as assigned by the Board of Supervisors or the Chairman of the Commission." Article 4-3-3-5 was amended to state, "The Secretary shall maintain the official minutes of the Commission and will follow the State Code requirements for maintaining other official files." Article 5-6-2 was amended to state, "In establishing committees, the Commission shall describe the purpose for each committee." Article 7-7 was amended to state, "Work sessions shall be held at the adjournment of regular meetings or at the time and place set by the Commission." Article 9-1 Order of Business - subsections were amended as follows: 9-1-1 Call to Order 9-1-2 Consideration of Minutes 9-1-3 Committee Reports 9-14 Citizens Comments on items not on the agenda 9-1-5 Public Hearings 9-1-6 Public Meetings 9-1-7 Discussions 9-1-8 Other 9-1-9 Adjournment Article 9-2 Minutes was amended to state, "The Commission shall keep minutes of each meeting. The minutes shall not be made available to the public until they are formally adopted by the Commission. The Chairman and Secretary shall sign all minutes, following approval by the majority of the Commission." Article 9-3-8 Master Development Plans - was omitted Along with these amendments, the Planning Commission believed that wording should also be incorporated to give the Commission the opportunity to review the By -Laws on an annual basis. Chairman DeHaven requested that the staff incorporate the amendments and bring the By -Laws back to the Commission for final disposition. Frederick County Planning Commission Minutes of April 4, 2001 Page 652 -7 - VIRGINIA CERTIFIED PLANNING COMMISSIONERS PROGRAM Planning Director Evan A. Wyatt announced that the next available certified planning commissioners program sponsored by Virginia Tech is scheduled for June 8 and 9, 2001, with the second portion of the program scheduled for August 17 and 18. Mr. Wyatt stated that if any Commissioner is interested in attending, please contact the staff. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 10:20 p.m. by Respectfully submitted, Evan A. Wyatt, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of April 4, 2001 Page 653 u • i� PC REVIEW: 05/02/01 BOS REVIEW: 05/23/01 C"ONDITIONAL ;;SE PERMIT *v3=01 KITTY B. HOCKMAN KITTY HOCKMAN-NICHOLAS Hedgebrook Farm Bed and Breakfast (Motel/Resort) LOCATION: This property is located at 690 Shady Elm Road (Hedgebrook Farm). MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 74-A-67 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential and Agricultural ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential and Agricultural PROPOSED USE: Bed and Breakfast REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to conditional use permit for this property. However, prior to operation of the business, a commercial entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed on the States' right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Inspections Department: Structure shall comply with the Virginia Uniform Statewide Building Code and Section 310, Use Group R (Residential) of The BOCA National Building Code/1996. Fire Marshal: Recommend portable fire extinguishers. A plan showing designated parking areas is needed (designated parking areas to allow emergency access to the structure for Hedgebrook Farm CUP #03-01 Page 2 April 20, 2001 firefighting and emergency medical assistance). Bed & Breakfast should have own address and posted at entrance on Shady Elm Road; eliminates confusion for emergency vehicle access. Plan approval is recommended. Health Department: The Health Department has no objections to the proposed Bed and Breakfast as long as the applicant meets our requirements which are water samples for her well, an application for a Bed and Breakfast and an application to renew the septic permit. Sanitation Authority: We do not serve this area. City of Winchester: No comments. Winchester Regional Airport: This permit will not interfere with operations at Winchester Airport; therefore, the airport has no objections to this request. We do advise owners to notify their customers of proximity to the airport. Planning and Zoning: This proposed bed & breakfast (motel/resort) would take place in a two-bedroom house located on the property. The applicant has identified that two rooms will be rented in association with the bed and breakfast operation. The -scale of the proposed use is generally more intense than a single-family dwelling unit. Bed & breakfast (motel/resort) is permitted in the RA (Rural Areas) Zoning District with an approved conditional use permit. The site of this proposed bed and breakfast (motel/resort) is located approximately 800 feet from Shady Elm Road. The property is surrounded by like properties and property setbacks greater than required by the Zoning Ordinance. It is staff's belief that this proposed use will not have any negative impact on the surrounding properties. STAFF CONCLUSIONS FOR THE 05-02-01 PLANNING COMMISSION MEETING: Should the Planning Commission find this use to be appropriate, staff would recommend the following conditions: All review agency comments shall be addressed within 90 days of approval, and complied with at all times. 2. Based on the scale of the proposed bed and breakfast, Cottage Occupation sign requirements are appropriate. Signage shall not exceed four (4) square feet in area. 3. No more than two (2) bedrooms shall be utilized for the bed and breakfast operation. 4. Any expansion or change of use will require a new conditional use permit. T. I 1iL) i [1 ICI y I � i74 i � r I ` e � � I CUP # 03-01 Location Map For: Kitty R Hockman & Kitty Hockman - Nicholas PIN: K1,11 -11I 74-A-67 Office of Mapping and GIS„ 04/01, Agray may: Submittal Deadline Q4"06 -OI P/C Meeting 0-5-02-01 BOS Meeting 0 5-'-Q I APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. AiDiolicant (The applicant if the ✓' owner other) NAME: ; �. j ; �01,r�S ADDRESS: S V� w, TELEPHONE S"14S-14,0- 21-9— Zi 2. Please list all. owners, occupants, or parties in interest of the roperty: P t' w, r.,- — m ua n Z. � .,...,.. 1N.tch.1,1. m _ � G e 3. The property is located at: (please give exact directions and include the route number of your road or street) Ls - 5� 4. The property has a road frontage of `7 cZ) feet and a depth of L a feet and consists of 11 o acres. (Please be exact) \ 5. The property is owned by as evidenced by deed from recorded (previous owner) in deed book no. `1_S` on page L41 P , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. M 14 -Digit Property Identification No. Magisterial District Current Zoning Q 7. Adjoining Property: JA USE s North East South- West Yw� iyb oca o-vo�7 ZONING QRECEIVED MAR 2 3 ?301 DEPT. OF PLANNINC/DEVELOPMENT E Submittal Deadline Q4"06 -OI P/C Meeting 0-5-02-01 BOS Meeting 0 5-'-Q I APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. AiDiolicant (The applicant if the ✓' owner other) NAME: ; �. j ; �01,r�S ADDRESS: S V� w, TELEPHONE S"14S-14,0- 21-9— Zi 2. Please list all. owners, occupants, or parties in interest of the roperty: P t' w, r.,- — m ua n Z. � .,...,.. 1N.tch.1,1. m _ � G e 3. The property is located at: (please give exact directions and include the route number of your road or street) Ls - 5� 4. The property has a road frontage of `7 cZ) feet and a depth of L a feet and consists of 11 o acres. (Please be exact) \ 5. The property is owned by as evidenced by deed from recorded (previous owner) in deed book no. `1_S` on page L41 P , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. M 14 -Digit Property Identification No. Magisterial District Current Zoning Q 7. Adjoining Property: JA USE s North East South- West Yw� iyb oca o-vo�7 ZONING QRECEIVED MAR 2 3 ?301 DEPT. OF PLANNINC/DEVELOPMENT F 8. The type of use propojed is (consult with the Plannin Dep . before completing) O Z1•+cr+� U � 9. It is proposed that the following buildings will be constructed: P, s sL C A 1 -Mow+ rs 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: n , �. �1 L NAME I P\ '�, �. �. ,a.4,v.., V.•---- ADDRESS ,Za1 v I�� r�.c ZIL PROPERTY IDI �y-1�- ��,�• lJ,�c�.c��Y.� 'zz6o�- t NAME ADDRESS PROPERTY ID#_ i -�A-o L-7 NAME �( ,�, �� • tc�d ADDRESS PROPERTY fID# NAME ADDRESS PROPERTY ID# NAME L ,, � C,-cz,14— •tiv-r,`, ADDRESS ��ti+ti• �` PROPERTY ID# NAME ADDRESS Vln 4cu�G �f�j W".s PROPERTY ID# (p 2 - --W' I `` TZo NAME ADDRESS,,Yp��.. PROPERTY ID# `� y — is - L 'Y NAME J�t ,,, ... b •r-t� �. PROPERTY ID# '7 q -- 831 ADDRESS �� e r Z1, �� J 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. 3 o., P�.P�seJ- l3J-+4rc.�k`.s� Bayes -.� a -- 1170 -A ''text� 13 ,a u 4 t � v r,T 6 5 I S hazy 61 ri (Za a� 5..1'-. l"= 3 50 , 12. Additional comments, if any: V. V�1nC/� � S ter.- G O �n.r-� �Cv�'.v.� 11�v\.�iL 1'� r► E w1 r� f � O '�i` t I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7.) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public.hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address �16 Owners' Telephone No. Y� 2—� 7. Z TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: C� C7 • COUNTY of FREDERICK Department of Planning and Development MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Planning Director ;A RE: MS (Medical Support) District Discussion DATE: May 2, 2001 540/665-5651 FAX: 540/665-6395 In March 2 00 1, the Development Review and Regulations Subcommittee (DRRS) began work on a new zoning district for the County. This district, entitled MS (Medical Support) District, is intended to allow for a variety of support services and related residential land uses which would cluster around a hospital, a clinic, a medical school, or medical offices. The DRRS has been working with representatives of Valley Health Systems to develop this ordinance. The DRRS has developed a statement of intent for the MS District and determined the land uses that are believed to be appropriate. Furthermore, the DRRS began a dialogue on issues including development densities, floor -to -area ratios, public and private street systems, and performance standards. The DRRS felt that it was appropriate to present the draft work accomplished to date to the Planning Commission for discussion to ensure that the project is proceeding correctly. Please fmd attached a draft working copy of the MS (Medical Support) District for your information. Staff has identified issues associated with Sections 120.3 -120.10 for consideration by the DRRS and the Planning Commission. Staff asks that the Planning Commission review this information for the purpose of discussion during the May 16, 2001 meeting. CAMyFiles\Medical Support District\MSDistrictTextDiscussion_5-16-01 PCAgendaMemo.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 ARTICLE XVI -I MS (Medical Support) District [Added _ - _ - 2001] § 165-120.1. Intent. The MS (Medical Support) District is intended to provide for areas to support hospitals, medical centers, medical offices, clinics, and schools ofinedicine. These areas proposed to allow for a variety of support services and related residential land uses to be within close proximity of each other to provide for professional and patient convenience. All land to be contained within the Medical Support District shall be included within a master development plan to ensure that land uses are compatibly mixed, designed in a harmonious fashion, and developed to minimize adverse impacts to adjoining properties. § 165-120.2. Permitted Uses. A. All land uses shall be developed in plan that meets the criteria in Arti th an approved master development is Chapter. B. Structures are to be erected of lankFused for one or more of the identified uses. The permitted uses are Wen tifi _;td Industrial Classification. All uses described by Standard Indoxr, : _?fication are allowed only if the Major Group, Industry Group Number, or A ber general group titles are used. (1) Educational Support Services CollegUCMversities, Professional Schools, SIC 822 And Junior Colleges Libraries SIC 823 Nursing schools, practical SIC 8249 (2) Research Support Services Research and Development Facilities for the Following Manufacturing Groups: Drugs SIC 283 Commercial Physical and Biological Research SIC 8731 Noncommercial Research Organizations SIC 8733 Testing Laboratories SIC 8734 -1- (3) Professional and Commercial Support Services Convenience Stores SIC 5411 Retail Bakeries SIC 546 Coffee Stores, Health Food Stores, SIC 5499 and Vitamin Stores Gasoline Filling Stations SIC 5541 Retail Uniform Stores SIC 5699 Eating Places SIC 5812 Drug Stores and Proprietary Stores SIC 591 Book Stores SIC 5942 Stationary Stores SIC 5943 Gift Shops, Greeting Card Shops, SIC 5947 and Balloon Shops Florists SIC 5992 News Dealers and News Stan SIC 5994 Optical Goods Stores SIC 5995 Orthopedic and Artificial T to SIC 5999 Hotels and Motels SIC 701 Organizational Hotel. odl g Houses SIC 704 3 Garment Pressina d or Laundries SIC 7212 Linen Suppm,1V SIC 7213 Beauty Shops SIC 7231 Barbershops SIC 7241 PhotY111 -. d Duplicating Services SIC 7334 Medtpment Rental and Leasing SIC 7352 Hearing Aid Repair and Medical Equipment SIC 7629 Repair, electrical Dental Instrument Repair, Laboratory Instrument SIC 7699 Repair, Medical Equipment Repair, except electric, Microscope Repair, Optical Instrument Repair, Scientific Instrument Repair, except electric, and Surgical Instrument Repair Physical Fitness Facilities SIC 7991 Membership Sports and Recreation Clubs SIC 7997 Offices and Clinics of Doctors and Dentists SIC 801-804 Hospitals SIC 806 Medical Laboratories SIC 8071 Dental Laboratories SIC 8072 -2- (4) (5) (6) Miscellaneous Health and Allied Services Child Day Care Services SIC 809 SIC 8351 Manufacturing and Wholesaling Support Services (Refer to Section 165-120._ for applicable performance standards) Pharmaceutical Machinery SIC 3559 Surgical, Medical, and Dental Instruments SIC 384 and Supplies Ophthalmic Goods SIC 385 Medical, Dental, and Hospital Equipment and Supplies SIC 5047 Ophthalmic Goods SIC 5048 Laboratory Equipment, except Medical and Dental SIC 5049 Drugs, Drug Proprietaries, and Drug . 'st sundries SIC 512 Related Residential Uses Dormitories, commerciall ate SIC 7021 Nursing and Personal e SIC 805 Residential Care Faciliie SIC 836 Dormitories, allied eal onnel (As Defined) Halfway. e (As Defined) Adult Treatt1 (As Defined) Drug Tr e me ;ne (As Defined) Famill _ are Hu: (As Defined) Grou ome (As Defined) Prote , ulation Home (As Defined) Other Related Uses Ambulance Service, road and Vanpool Operation SIC 4119 Ambulance Service, air SIC 4522 Automobile Parking SIC 7521 Churches SIC 8661 Fire Protection SIC 9224 Convention Center (As Defined) Fleet or Ambulance Maintenance Facility (As Defined) Medical Warehousing and Storage (As Defined) On-site Freestanding Utility System Substations (As Defined) Telecommunication Towers and Facilities (As Defined) -3- § 165-120.3. Gross Densities and Floor To Area Ratios Determine if a gross area limit should be established for support service land use; for residential land use. Approach could be to use existing RP densities or to increase densities to provide an incentive to locate in this district. May want to consider FAR of 1.0 for Research Support Services, Professional and Commercial Support Services, and Other Related Uses. May want to consider FAR of > 1.0 for Educational Support Services. Should useperformance standards to determine structural sizefor Manufacturing and "olesaling Support Services. § 165-120.4. Access Regulations Approach could be to allow for private streetsyst a cel is not proposed to be subdivided and for public street systems to serve subdivi � p Access management standards should b el,:., eo limit number of entrances, promote shared entrances, and require inter -p rs tween adjoining land uses. § 165-120.5. Area Determine if a minimum parol size is desirable for MS District. Determine if minimum lot size for support service uses and residential uses is desirable. Determine if minimum lot width for support service uses and residential uses is desirable. § 165-120.6. Setback Regulations Approach could be to have reduced structural setbacks ifparking was to side or rear of the facility. May want to consider separate setbacks far structures fronting on public road vs. private road. Could utilize existing RP District and B2 District setbacks far structures. IEI § 165-120.7. Height Regulations Note that applicants desire is for structural heights greater than current County standards. § 165-120.8. Open Space, Landscaped Area, and Buffer and Screening Regulations County open space for residential land uses is 30% and minimum landscaped area for commercial land uses is 25%. Note that applicant is proposing a reduction of City of Winchester standard of 20% of gross acreage to 15% of gross acreage. May want to consider perimeter and internal buffer and screening regulations when development occurs with subdivided parcels and perimeter buffer and screening regulations only when development occurs without subdividing parcels. § 165-120.9. Sign Regulations Should determine applicants needs before agreeing § 165-120.10. Manufacturing and Should consider maximum approach). Should consider placement of parking R- appfor this standard. Services Performance Standards unit size within a structure (flex tech maneuvering areas, loading space areas. Should consider other applicabk design standards (ie: outdoor storage). -5- COUNTY of FREDERICK Department of Planning and Development MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Planning Director � + RE: Planning Commission Bylaw Amendments DATE: May 2, 2001 540/665-5651 FAX: 540/665-6395 Staff discussed the need to conduct a comprehensive review of the Planning Commission's Bylaws with Chairman Charles S. DeHaven, Jr., to ensure that procedures were up-to-date. The last amendment to the Planning Commission's Bylaws occurred on October 16, 1996 when standards were established for the tabling of agenda items. The Planning Commission discussed the issues identified by staff during their April 4, 2001 meeting. The Planning Commission reached a consensus on the following issues: • Amend Article 4-3-1-6 to state, "The Chairman shall carry out other duties as assigned by the Board of Supervisors." • Amend Article 4-3-2-2 to state, "The Vice -Chairman shall carry out other duties as assigned by the Board of Supervisors or the Chairman of the Commission." • Amend Article 4-3-3-5 to state, "The Secretary shall maintain the official minutes of the Commission and will follow the State Code requirements for maintaining other official files." • Amend Article 5-6-2 to state, "In establishing committees, the Commission shall describe the purpose for each committee." • Amend Article 7-7 to state, "Work sessions shall be held at the adjournment of regular meetings or at the time and place set by the Commission." 107 North Kent Streit • Winchester, Virginia 22601-5000 N PC Bylaws Memo Page -2- May 2, 2001 • Amend Article 9-1 Order of Business as follows: 9-1-1 Call to Order 9-1-2 Consideration of Minutes 9-1-3 Committee Reports 9-1-4 Citizens Comments on items not on the agenda 9-1-5 Public Hearings 9-1-6 Public Meetings 9-1-7 Discussions 9-1-8 Other 9-1-9 Adjournment • Amend Article 9-2 Minutes to state, "The Commission shall keep minutes of each meeting. The minutes shall not be made available to the public until they are formally adopted by the Commission. The Chairman and Secretary shall sign all minutes following approval by the majority of the Commission." • Amend Article 9-3-8 Master Development Plans to delete the section. • Incorporate language to require an annual review of the By -Laws by the Commission. Please find attached the proposed amendments to the Planning Commission Bylaws. Staff asks that the Planning Commission consider this information for discussion purposes. The Planning Commission may chose to consider these amendments for final resolution in June 2001. C:\MyFiles\BYLAWS\PlanningCommissionBylawAmendmentSecondDiscussionMemo.wpd BYLAWS County of Frederick, Virginia Planning Commission ARTICLE I -AUTHORIZATION 1-1 The Frederick County Planning Commission is established by and in conformance with ehaptcr2i Chapter 165 of the Code of Frederick Coun , and in accord with the provisions of Section 15.1-427.f, 15.2-2210 of the Code of Virginia (1950), as amended. Staff Comment. References to the County Code and State Code have been updated to reflect the correct chapter and section information. 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 efiapter 21 Chapter 165 of the Code of Frederick County. Methods of appointment and terms of office shall be determined by E3rapter 2 i Chapter 165 of the Code of Frederick County. Staff Comment. References to the County Code have been updated to reflect the correct chapter information. -1- 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 at the first meeting of the calendar year. 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. 4-3-1-3 Report official communications. 4-3-1-4 Certify official documents involving the authority of the Commission. 4-3-1-5 Certify minutes as true and correct copies. 4-3-1-6 Carry out other duties as assigned by the Board of Supervisors and the Commission. Staff Comment: Revised to state—as assigned by the Board of Supervisors. 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. -2- 4-3-2-2 Carry out other duties as assigned by the 6o=fis31VU Board of Supervisors and the Commission Chairman. Staff Comment. Revised to state... as assigned by the Board of Supervisors or the Chairman of the Commission. 4-3-3 The Secretary shall: 4-3-3-1 4-3-3-2 4-3-3-3 4-3-3-4 4-3-3-5 Ensure that attendance is recorded at all meetings. Ensure that the minutes of all Commission meetings are recorded. Notify members of all meetings. Prepare agendas for all meetings. Maintain files of all official Commission records and reports. Official records and reports may be purged in accordance with applicable state codes. Staff Comment. The Commission felt that official records and reports should be retained as long as possible; however, they recognized the need to utilize file space as effectively as possible. 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. 4-3-4 Term of Office - 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. 4-3-5 Temporary Chairman -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. -3- ARTICLE V -COMMITTEES Staff Comment: The Sections within this Article have been correctly enumerated. 6=-t 5-1 The Commission shall establish committees necessary to accomplish its purpose. 6=2 5 21 In establishing committees, the Commission shall describe the purpose, mid a _-___ _ of office for each committee. Staff Comment: This provides the Commission with more flexibility in establishing committees. 6-3 5-3 Members of the committees shall be appointed by the chairman. The chairman may request recommendations from the Commission or committee members on committee appointments. 6=4 5-4 Members ofthe committees may be Commission members, employees of the County, or citizen volunteers. 6-5 5-5 The chairman and vice-chairman shall be ex -officio members of every committee. ARTICLE Vil ARTICLE VI -MEETINGS Staff Comment: The Sections within this Article have been correctly enumerated. 7-2 6-1 Regular meetings shall be held at the time and place set by the Commission at the first meeting of each calendar year. 7-3 6-2 Special meetings may be called by the chairman or by the secretary after due notice and publication by the secretary. 7=4 6-3 Notice of all meetings shall be sent by the secretary with an agenda at least five days before the meeting. 7-5 6-4 All meetings of the Commission shall be open to the public except for executive sessions as allowed by the held in accordance with the provision specified under Section (add section number) of the Code of Virginia, as amended. Staff Comment. Former section 7-6 has been combined with new section 6-4 to avoid redundancy. The appropriate State Code section reference has been provided. -4- 7=7 6-5 Work sessions shall be held at the adjournment of regular meetings or at the time and place set by the Commission. af the first meeting of each calendar year: Staff Comment: This provides the Commission with more flexibility in conducting work sessions. ARTICLE VII - VOTING Staff Comment. The Sections within this Article have been correctly enumerated. 8--f 7-1 A majority of voting members shall constitute a quorum. No action shall be taken or motion made unless a quorum is present. S--2 7-2No action of the Commission shall be valid unless authorized by a majority vote of those present and voting. ARTfeLE EX. ARTICLE VIII - OPERATING RULES Staff Comment: The Sections within this Article have been correctly enumerated and the Secretary's Report has been eliminated 9=+ 8-1 Order of Business 9-1-1 8-1-1 Call to Order 9-1--2 8-1-2 Consideration of Minutes 9=-1-4 8-1-3 Committee Reports 91-5 8-1-4 Citizen Comments on Items not on the Agenda 8-1-5 Public Hearings 8-1-6 Public Meetings -5- 8-1-7 Discussions 8-1-8 Other 91=$ 8-1-9 Adjournment 92 8-2 Minutes - The Commission shall keep minutes of each meeting. and, on adoption b the eonnnission, these mitrates shaij. become a public record-. The Chairman and Secretary shall sign all minutes at the end of the year fallowing approval by the Commission certifying that the minutes are true and correct. The minutes shall not be made available to the public until they are approved by the Commission. Staff Comment. This establishes a policy for the distribution .of Commission minutes. 93 8-3 Procedures 93-1 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. 932 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. 933 8-3-3 Business items on the agenda shall be considered using the following procedures: 9=3=3-t 8-3-3-1 Report by the Seeretarr, County Staff 9-3-3-2 8-3-3-2 Presentation by Applicant 9-3-3=3 8-3-3-3 Citizen Comment 9-3-3-4 8-3-3-4 Rebuttal by Applicant 9-3-3-5 8-3-3-5 Discussion by Commission 9-3-3-6 8-3-3-6 Motion and Action by Commission We 9=3-4 8-3-4 Public comment shall be allowed in all cases required by the Code of Vir inia or the Code of Frederick County. In other cases, the Chairman may allow public comment. 9-3-5 8-3-5 The Commission members may ask questions of clarification and information after the staff report, applicant presentation and citizen comment. 9-3-6 8-3-6 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. 9-3-7 873-7 Public Hearings 9-3-7=1- 8-3-7-1 The Commission shall hold public hearings on all items for which hearings are required by the Code of Vir inia or by the Code of Frederick County. Such public hearing shall be advertised and notifications provided as required by the Code of Virginia. 9-3=7-2 8-3-7-2 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. 9=3-7-3 8-3-7-3 In addition to those required by law, the Commission may hold public hearings on any matter which it deems to be in the public interest. In such cases, the public hearings shall follow all procedures described for public hearing in these bylaws. Staff Comment. The Master Development Plan section has been eliminated. .: :.i I I NRIJ ELVIM I I Wm LRA I EVA - -7- 9-=9 8-3-8 Tabling (Revised 10/16/96) 9-3-9-1 8-3-8-1 The Planning Commission shall have the authority to table agenda items if any one of the following situations occurs: A) The agenda item does not meet the requirements of the Code of Vir inia. 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) Issues or concerns that arise during formal discussion of the agenda item warrant additional information or study. E) The applicant provides the Frederick County Planning Department with a written request to table the agenda item. F) The Frederick County Planning Department is advised of an emergency situation that prevents attendance by the applicant. G) The applicant fails to appear at the meeting in which the application has been advertised to appear. 9-3-9-2 8-3-8-2 The applicant shall be permitted to request that an agenda item be tabled from a scheduled Planning Commission meeting onetime. The Planning Commission shall table the application for a specific period of time to ensure that the requirements of Section 165-10 of the Frederick County Zoning Ordinance are not exceeded unless the applicant requests a waiver from this requirement. 9=3-9-3 8-3-8-3 An application that has been tabled for an unspecified period of time shall be readvertised 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 Frederick County Planning Department which addresses all concerns of the Planning Commission. 9=3-9-4 8-3-8-4 The Planning Commission shall have the authority to act on an agenda item that has been tabled one time when the agenda item has been readvertised for a subsequent Planning Commission agenda. 9-3=f E) 8-3-9 Work sessions 9-3404 8-3-9-1 The Commission may hold work sessions at which the procedural rules of these bylaws shall not apply. 9-3-fO-2 8-3-9-2 Work sessions shall be held after the adjournment of regular meetings or at the time and place set by the Commission. for work sessions at the first meeting of fl. e year. Staff Comment: This provides the Commission with more flexibility in conducting work sessions. 9-3-10-3 8-3-9-3Notice of work sessions shall be sent to the Planning Commissioners at least five days before the session. 9-3-10-4 8-3-9-4 The chairman shall lead the session and require orderly behavior and discussion. 9-3=10-5 8-3-9-5 No actions shall be taken or motions made at a work session. 9-310-6 8-3-9-6 Work sessions shall be open to the public. Public comment is not required at a work session. 9--3-10-7 8-3-9-7 The secretary shall keep a general record of all work sessions and the items discussed. 9-3-f f 8-3-10 Adjournment - In no case shall the Commission consider any new items after 10:30 P.M. and in all cases the Commission shall adjourn by 11:00 P.M. ARTWEE -X ARTICLE IAC - AMENDMENTS Staff Comment: The Sections within this Article have been correctly enumerated. New language has been established requiring an annual review of the By -Laws. 16-4 9-1 These bylaws may be amended by a majority vote of the entire voting membership after thirty days prior notice. 9-2The Planning Commission shall conduct an annual review of these bylaws to ensure their accuracy. Editor's Note: The last amendment to the Planning Commission By -Laws occurred on June 6, 2001 FILE: C:\MyFiles\BYLAWS\PlanningCommissionBylaws-RecommendedAmendments-SecondDiscussionDraft.wpd -10-