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HomeMy WebLinkAboutPC 01-05-22 Meeting Agenda1.Call to Order 2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting. 3.Election of Officers, Meeting Schedule, Adoption of Bylaws & Roles & Responsibilities 2022 3.A.Election of Officers, Meeting Schedule, Adoption of Bylaws & Roles & Responsibilities 2022 4.Meeting Minutes 4.A.December 1, 2021 Meeting Minutes 5.Committee Reports 6.Citizen Comments 7.Public Hearings 7.A.Ordinance Amendment - Steep Slopes, Farm Wineries/Breweries/Distilleries, Inoperable Motor Vehicles, Pedestrian Access, and Street Design - (Mr. Klein) Ordinance Amendment- Steep Slopes, Farm Wineries/Breweries/Distilleries, Inoperable Motor Vehicles, Pedestrian Access, and Street Design. STEEP SLOPES CHAPTER 144 – SUBDIVISION OF LAND; ARTICLE II – Definitions; 144- 2. Definitions and word usage; CHAPTER 165 - ZONING ARTICLE I - General Provisions; Amendments; and Conditional Use Permits PART 101 - GENERAL PROVISIONS §165-101.02. Definitions and word usage. FARM WINERIES, FARM AGENDA PLANNING COMMISSION WEDNESDAY, JANUARY 5, 2022 7:00 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA PC01-05-22AnnualElections_CommitteeAppointments_MeetingSchedule.pdf PC01-05-21MinutesDecember1.pdf 1 BREWERIES, AND FARM DISTILLERIES CHAPTER 165 - ZONING ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses PART 204 – Additional Regulations for Specific Uses §165-204.22. Farm wineries, farm breweries; and farm distilleries. INOPERABLE MOTOR VEHICLES CHAPTER 165 – ZONING ARTICLE I General Provisions; Amendments; and Conditional Use Permit PART 101 - GENERAL PROVISIONS §165-101.02 Definitions and word usage ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses PART 204 – Additional Regulations for Specific Uses §165-204.11. Landfills, junkyards, trash disposal, and inoperable vehicles. PEDESTRIAN ACCESS CHAPTER 165 – ZONING ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 202 Off-Street Parking, Loading and Access §165-202.03. Motor vehicle access. STREET DESIGN CHAPTER 144 – SUBDIVISION OF LAND ARTICLE V Design Standards §144-17. STREETS - Revision to Chapter 144 – Subdivision Ordinance and Chapter 165 – Zoning Ordinance to clarify, amend and remove requirements contain in general provisions, supplementary use regulations, regulations for specific uses, and design standards. 8.Other 8.A.Current Planning Applications 9.Adjourn PC01-05-22OA_SteepSlopes_FarmWineriesBreweriesDistilleries_etc.pdf 2 Planning Commission Agenda Item Detail Meeting Date: January 5, 2022 Agenda Section: Election of Officers, Meeting Schedule, Adoption of Bylaws & Roles & Responsibilities 2022 Title: Election of Officers, Meeting Schedule, Adoption of Bylaws & Roles & Responsibilities 2022 Attachments: PC01-05-22AnnualElections_CommitteeAppointments_MeetingSchedule.pdf 3 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 107 North Kent Street • Winchester, Virginia 22601-5000 MEMORANDUM TO: Frederick County Planning Commission FROM: Wyatt Pearson, Director SUBJECT: 2022 Election of Officers, Committee Appointments, Meeting Schedule DATE: December 29, 2021 ________________________________________________________________________ ELECTION OF OFFICERS FOR 2022 At the first meeting of each year, the Planning Commission elects a Chairman, Vice - Chairman and Secretary. These three Planning Commission officers assume office immediately and hold such office for the duration of the calendar year. For each office, the Commission will: open the nominations; accept nominations; close nominations; and vote to fill the officer position. The Planning Director will conduct these elections. ADOPTION OF MEETING SCHEDULE FOR 2022 At the first meeting of each year, the Planning Commission adopts their meeting schedule for the ensuing year. Historically, the Commission has held meetings on the first and third Wednesdays of each month at 7:00 p.m., to be held in the Board of Supervisors meeting room. The Comprehensive Plans & Programs Committee (CPPC) meets on the second Monday of each month at 7:00 p.m. in the first-floor conference room and the Development Review & Regulations Committee meets on the fourth Thursday of each month at 7:00 p.m. in the first-floor conference room. The Planning Commission’s meeting schedule for inclement weather states that in the event that weather causes the cancelation of a regularly scheduled Wednesday evening meeting, the meeting will be held on the following Thursday evening. 4 Memorandum: Elections, Appointments, and Meeting Times December 29, 2021 Page 2 of 2 COMMITTEE ASSIGNMENTS FOR 2022 At the first meeting of each year, the Chairman appoints the membership for the Comprehensive Plans and Programs Committee (CPPC) and the Development Review & Regulations Committee (DRRC). The Chairman also appoints a Planning Commission liaison to the: Transportation Committee (TC), Historic Resources Advisory Board (HRAB), Conservation Easement Authority (CEA), Frederick Water, and the Winchester Planning Commission. PLANNING COMMISSION BY-LAWS FOR 2022 At the first meeting of each year, the Planning Commission adopts their Bylaws, and Roles and Responsibilities for the ensuing year. These documents are attached. Please contact staff should you have questions. Attachments: Proposed 2022 Planning Commission Bylaws Proposed 2022 Planning Commission Roles and Responsibilities WP/pd 5 PLANNING COMMISSION BYLAWS County of Frederick, Virginia Proposed for Consideration At the January 5, 2022, 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. 6 2022 Planning Commission Bylaws Page 2 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. 4-3-3 The Secretary shall: 7 2022 Planning Commission Bylaws Page 3 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. 8 2022 Planning Commission Bylaws Page 4 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. 9 2022 Planning Commission Bylaws Page 5 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. 8-1-6 Public Hearings. 8-1-7 Action Items. 10 2022 Planning Commission Bylaws Page 6 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. 8-3-4-6 Discussion by Commission. 8-3-4-7 Motion and Action by Commission. 11 2022 Planning Commission Bylaws Page 7 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) 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. 12 2022 Planning Commission Bylaws Page 8 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 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. 13 2022 Planning Commission Bylaws Page 9 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 calendar year to ensure their accuracy. 9-3 At the first meeting of the calendar year, the By-Laws will be adopted. 14 FREDERICK COUNTY PLANNING COMMISSION ROLES AND RESPONSIBILITIES PROPOSED FOR CONSIDERATION – JANUARY 2022 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 session is to discuss amongst each other and with staff details of the application, any 15 Page 2 2022 Planning Commission Roles and Responsibilities Proposed for consideration January 2022 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 seminars or workshops from the Virginia Commonwealth University Land Use Education Program, and publications or opportunities from the American Planning Association. A library is maintained by the Planning office. 16 Page 3 2022 Planning Commission Roles and Responsibilities Proposed for consideration January 2022 COMMISSIONER ATTENDANCE: Commissioners are expected to participate in 80% of the regularly scheduled meetings per year. Members who cannot attend a meeting due to illness, business, and other governmental or family reasons should notify the Commission Chairman and/or staff Administrative Assistant prior to the scheduled meeting in order for the absence to be noted. It may affect quorum considerations. Especially essential is preparation and readiness for each of the Commission’s meetings in order to use not only the Commission’s but the staff’s and public’s time wisely. COMMISSION COMMITTEE ASSIGNMENTS: Appointments to a Commission committee or liaison assignments are made by the chairman and shared by the membership. Generally, they involve a once per month meeting. CONFLICT OF INTEREST: Each Commissioner needs to be familiar with Commonwealth of Virginia information on conflict of interest. If a Commissioner is unsure if there is conflict, the County Attorney is the correct resource. Upon determination that there is or might be perceived to be a conflict, the Commissioner should state immediately after the agenda item is read that recusal action is necessary (with, preferably, stating the reason) then step down from the dais until the item is concluded. PUBLIC REPRESENTATION: Commissioners are citizens, too. If there is a public item that is of interest, the Commissioner should participate, but not identify themselves as members of the Frederick County Planning Commission unless acting in an official capacity and directed to do so. Implied endorsements by the Commission should be avoided. 17 Planning Commission Agenda Item Detail Meeting Date: January 5, 2022 Agenda Section: Meeting Minutes Title: December 1, 2021 Meeting Minutes Attachments: PC01-05-21MinutesDecember1.pdf 18 Frederick County Planning Commission Page 3870 Minutes of December 1, 2021 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 December 1, 2021. PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; John F. Jewell, Member-At-Large; Gary R. Oates, Stonewall District; H. Paige Manuel, Shawnee District; Elizabeth D. Kozel, Shawnee District; Betsy Brumback, Back Creek District; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Charles E. Triplett, Gainesboro District; Roderick B. Williams, County Attorney. ABSENT: None STAFF PRESENT: Wyatt G. Pearson, Director; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the December 1, 2021 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Kenney commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Upon motion made by Commissioner Thomas and seconded by Commissioner Triplett the Planning Commission unanimously adopted the agenda for this evening’s meeting with a change to remove the item for REZ #05-21 Paula Henry. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the minutes from the October 20, 2021 and November 17, 2021 meetings. ------------- 19 Frederick County Planning Commission Page 3871 Minutes of December 1, 2021 COMMITTEES Transportation Committee – Mtg. 11/22/21 Commissioner Oates reported the Committee was presented a summary of the Transportation Forum held at the airport and an updated was shared on the County projects. Development Review & Regulations Committee – Mtg. 11/17/21 Commissioner Oates reported there were two items discussed; Pedestrian Access and Street Design, both of which are on tonight’s agenda. City of Winchester – Mtg. 11/30/21 Commissioner Pifer, Winchester City Planning Commission Liaison, reported the commission heard numerous items; a zoning ordinance in the Medical District, location on N. Cameron Street to B1, and several site plan approvals. ------------- CITIZEN COMMENTS Chairman Kenney called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. Bob Clark of the Opequon District came forward and voiced his concerns with the possible annex agreement with Middletown. He stated he and numerous others are against this. No one else came forward to speak and Chairman Kenney closed the public comments portion of the meeting. ------------- PUBLIC HEARING Conditional Use Permit #12-21 for Hollow Road Solar, LLC submitted to construct an approximately 83+/- acre (disturbed area) and up to 20-megawatt (MW) utility scale solar power generating facility. The subject properties, totaling 326+/- acres are generally located south of Parishville Road (Route 610) and south of the terminus (cul-de-sac) of Anchorage Lane (Route 1416) in Gore, and are identified with Property Identification Numbers (PINs) 27-A-8, 27-A-11, and 27-A-12 in the Gainesboro Magisterial District. Action – Recommend Approval 20 Frederick County Planning Commission Page 3872 Minutes of December 1, 2021 M. Tyler Klein, Senior Planner, reported this is a request for a Conditional Use Permit (CUP) to enable the construction of a utility-scale solar power generating facility on 326 +/- acres in the Gainesboro Magisterial District, the property is zoned Rural Areas (RA) and the current land use is agricultural/vacant/forestal. Mr. Klein shared a locations map of the property and noted there are three parcels totaling the acreage for this project. He continued, this project will generate up to 20 megawatts (MW) of photovoltaic (solar) energy. Mr. Klein explained, 135 acres (disturbed area) will be utilized for the installation of rows of ground-mounted photovoltaic modules (solar panels), inverters, vehicle access paths, security fencing, and landscaping. He noted, power generated will be combined, converted, and increased to allow delivery to the adjacent Gore substation. Mr. Klein presented mapping of the proposed solar panels and pointed out a historical barn on the property. He shared the Zoning Ordinance conformance to include the Concept Plan and the Decommissioning Plan. Mr. Klein reviewed the Comprehensive Plan Conformance associated with this application: • The plan envisions this area of the County to remain primarily rural in nature and for agricultural land to be preserved for future generations (Chapter II – Rural Areas). • Solar siting policies (Chapter IV – Business Development o Utility scale solar facilities are typically passive uses with limited impacts to the environment and the rural character o Implementation of this use can facilitate the preservation of agricultural and rural land for future use once these sites are decommissioned o Opportunities for landowners to recoup value from their property without subdividing o Tax revenue to the County through M&T beyond land use assessment Mr. Klein reported on Other Permitting associated with this application: In addition to requirements contained in the Zoning Ordinance, the applicant will pursue a “Permit-by-Rule” (PBR) through the Virginia Department of Environmental Quality (DEQ). The PBR is a state-level administrative review and approval process, including extensive environmental and cultural review and study. Mr. Klein shared the Solar Facility Siting Agreement: Enabled by the Code of Virginia (§15.2- 2316.7) for projects submitted after January 1, 2021; The applicant will grant a conservation easement for parcels 27-A-11 and 27-A-12 (236.69 +/- acres) and will execute an extinguishment of transferrable development rights (TDR); Solar siting agreement memorialized in Condition #4; and approval of the siting agreement is an action of the Frederick County Board of Supervisors. As recommended by Staff, Mr. Klein presented the Conditions of Approval: 1. All review agency comments provided during the review of this application shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the use. The site plan shall address additional regulations for specific uses outlined in §165-204.26 of the Frederick County Zoning Ordinance and be in general conformance with the Concept Plan, included with the CUP application, prepared by Timmons Group, dated November 5, 2021. 3. Pursuant to the Code of Virginia §15.2-2241.2(B), the owner shall comply with the Decommissioning Plan, included with the CUP application, prepared by Hollow Road Land Holdings, LLC, dated November 5, 2021, and shall update the Decommissioning Plan every five (5) years. 21 Frederick County Planning Commission Page 3873 Minutes of December 1, 2021 4. At the time the project achieves commercial operation, the owner will grant a conservation easement for the property encompassed by Tax Parcels 27-A-11 and 27-A-12 and will execute an extinguishment of transferrable development rights for Tax Parcels 27-A-11 and 27-A-12. These conditions shall be memorialized in a solar siting agreement with Frederick County, in a form acceptable to the Board of Supervisors, pursuant to the Code of Virginia Section 15.2-2316.6 et seq. 5. Batteries, for the purposes of mass storage of electricity that will eventually be transferred to the grid, shall not be used on the properties subject to this CUP. 6. Access to the site shall be limited to two (2) entrances, one (1) entrance from Parishville Road (Route 610) and one (1) entrance from Anchorage Lane (Route 1416) in conformance with the Concept Plan, included with the CUP application, prepared by Timmons Group, dated November 5, 2021. Delivery of solar array panel construction materials and equipment shall occur only at the site access entrance off Parrishville Road (Route 610) identified as “Primary Access Road” on Sheet 3 of the Concept Plan. Use of passenger vehicle access during construction and post-construction maintenance. 7. Pile-driving of poles for solar arrays shall be limited to 7:00 a.m. to 5:00 p.m. Monday through Friday. All other construction activities are permitted 7:00 a.m. to 7:00 p.m. Monday through Friday and 7:00 a.m. to 5:00 p.m. on Saturday. No construction activities are permitted on Sundays. 8. A Phase 1 Archaeological and Architectural Survey will be completed as part of the permitting of this project and completed prior to site plan approval. This survey shall document the historic dwelling, barn and areas surrounding the farm complex barn (located on PIN #27-A-11). This survey shall be submitted to the Frederick County Department of Planning and Development and the Department of Historic Resources (DHR). Phase II surveys shall be conducted if DHR determines the areas and resources under consideration are potentially significant. In the event the above resources are eligible for inclusion on the NRHP as a result of the Phase II study the structures and resources on the site shall be retained, stabilized, and preserved and no disturbance shall occur within 100-feet (FT). 9. Any expansion or modification of this land use will require the approval of a new CUP. Mr. Klein noted, any recommendation for approval also affirms that the proposed solar facility is in accordance with the County’s Comprehensive Plan. He concluded, this application was denied on March 10, 2021 and the revised application for consideration now includes: A Solar Siting Agreement pursuant to the Code of Virginia §15.2-2316.7; and the applicant is also now the landowner of the properties identified with PIN’s 27-A-11 and 27-A-12. Following the staff presentation, the Applicant remarks noted receipt of the citizen comments from neighbors in the Whitham Orchard subdivision, provided a summary of estimated monetary contribution of the project to the County through tax revenue from the machine and tool tax on the infrastructure in addition to the land use assessment, and summarized the conservation easement and extinguishment of transfer of development rights (TDR) commitment (at time of commercial operation) 22 Frederick County Planning Commission Page 3874 Minutes of December 1, 2021 contained in the solar facility siting agreement. The Applicant also highlighted the natural topography of the site and existing mature vegetation would maintain an effective screen from neighboring properties and residences. One of the property owners (Ms. Diane Holmes) who is part of the application also spoke in support of the conservation of the land to remain “rural” as opposed to seeing the property develop as a subdivision with a lot of houses. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Four (4) members of the public (Owen Mills, Sara Kite, David Alter, Cheryl Alter) spoke on the proposed CUP and expressed concerns with impacts to the viewshed, wildlife, and perceived impact to property values and health concerns. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. The Planning Commission discussion focused primarily on the construction process (pile driving of poles for solar arrays and hours of operation), and discussion of if the property does not develop as a solar farm, it may ultimately develop as residential (or other use) with a net negative impact to the County. Commissioners specifically noted the solar facility siting agreement and conveyance of the conservation easement and extinguishment of TDR would ensure no residential would be developed in the future. Upon a motion made by Commissioner Triplett and seconded by Commissioner Dawson BE IT RESOLVED, the Frederick County Planning Commission does recommend approval Conditional Use Permit #12-21 for Hollow Road Solar, LLC submitted to construct an approximately 83+/- acre (disturbed area) and up to 20-megawatt (MW) utility scale solar power generating facility. The subject properties, totaling 326+/- acres are generally located south of Parishville Road (Route 610) and south of the terminus (cul-de-sac) of Anchorage Lane (Route 1416) in Gore, and are identified with Property Identification Numbers (PINs) 27-A-8, 27-A-11, and 27-A-12 in the Gainesboro Magisterial District. Yes: Triplett, Dawson, Jewell, Brumback, Kozel, Manuel, Oates, Molden, Mohn, Kenney No: Thomas ------------- INFORMATION/DISCUSSION Ordinance Amendments – Steep Slopes, Farm Wineries/Breweries/Distilleries, Inoperable Motor Vehicles, Pedestrian Access, and Street Design. M. Tyler Klein, Senior Planner, reported this is a request to amend Chapter 144 – Subdivision of Land and amend Chapter 165 – Zoning Ordinance to clarify, amend and remove requirements contained in the following sections: general provisions, supplementary use regulations, regulations for specific uses, and design standards. 23 Frederick County Planning Commission Page 3875 Minutes of December 1, 2021 Steep Slopes (§144-2 & §165-101.02) • This is a proposed revision to amend the definition for “steep slopes” from 15% and 50% respectively to 35%. • Both chapters apply to many land applications such as subdivisions, site plans, and the Transfer of Development Rights (TDR) Program and therefore application of a consistent standard in needed. Farm Wineries, Farm Breweries, and Farm Distilleries (§165-204.22) • This is a proposal to remove provisions for festival permits. • The Board of Supervisors removed Chapter 86 – Festival Permits from the Code of Frederick County in the spring of 2021. • This amendment would eliminate the festival permit requirement and removes the limitation of 100 persons permitted at events held on farm wineries, breweries, and distilleries. Inoperable Motor Vehicles (§165-101.02 & §165-204.11) • This is a request to prohibit the unscreened storage of inoperable trailers (trailer, camping trailer, or semitrailer). • Currently, the Zoning Ordinance prohibits the unscreened outdoor storage of inoperable motor vehicles; however, the current definition does not include provisions for the regulation of trailers. • This amendment is seeking to regulate trailers in the same manner as inoperable motor vehicles. Pedestrian Access (§165-203.03) • This is a request to amend the section for pedestrian walkways/trails to ensure pedestrian accommodations are provided to implement Comprehensive Plan policies. • The Zoning Ordinance currently requires sidewalks only when they are planned as included in a “corridor or walkway plan.” Street Design (§144-17) • This is a request to modify the requirements for minimum right-of-way for each street classification (local street, minor collector, major collector, and arterial roadways), to ensure the design of the roadway fulfills future roadway classification as specified in the Comprehensive Plan, and meets all current criteria as required by the Virginia Department of Transportation (VDOT). 24 Frederick County Planning Commission Page 3876 Minutes of December 1, 2021 • Presently, only minimum right-of-way is required which may be insufficient for planned future conditions contained in the Comprehensive Plan. The Planning Commission asked Staff to confirm that “farm use” trailers, like vehicles, would not be impacted by the change to the definition/additional regulations for “inoperable motor vehicles;” Mr. Klein noted that farm use trailers would be exempt like farm use vehicles. ------------- OTHER Wyatt G. Pearson, Director of Planning asked Commissioners to check their emails for upcoming information on the retreat. He noted, we will have a meeting on December 15, 2021. ------------- ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Oates to adjourn the meeting. This motion was seconded by Commissioner Triplett and unanimously passed. The meeting adjourned at 8:10 p.m. Respectfully submitted, ____________________________ Kevin W. Kenney, Chairman ___________________________ Roderick B. Williams, Secretary 25 Planning Commission Agenda Item Detail Meeting Date: January 5, 2022 Agenda Section: Public Hearings Title: Ordinance Amendment - Steep Slopes, Farm Wineries/Breweries/Distilleries, Inoperable Motor Vehicles, Pedestrian Access, and Street Design - (Mr. Klein) Attachments: PC01-05-22OA_SteepSlopes_FarmWineriesBreweriesDistilleries_etc.pdf 26 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendments – Steep Slopes; Farm Wineries, Farm Breweries, & Farm Distilleries; Inoperable Motor Vehicles; Pedestrian Access; and Street Design DATE: December 9, 2021 Proposal (Summary): This is a request to amend Chapter 144 – Subdivision of Land and amend Chapter 165 – Zoning Ordinance to clarify, amend and remove requirements contained in general provisions, supplementary use regulations, regulations for specific uses, and design standards. A summary of changes to each section is outlined below. 1. Steep Slopes Proposal: This is a proposed revision to Chapter 144 – Subdivision of Land and Chapter 165 – Zoning Ordinance to amend the definition for “steep slopes” from 15% and 50% respectively to 35%. Both chapters apply to many land applications such as subdivisions, site plans and the Transfer of Development Rights (TDR) Program and therefore application of a consistent standard is needed. Current Zoning & Subdivision of Land Standards: The Zoning Ordinance definition (§165-101.02) for “steep slopes” specifies land where the slope exceeds 50%. The Subdivision of Land (§144-2) definition for “steep slopes” specifies land where the slope exceeds 15%. 2. Farm Wineries, Farm Breweries, & Farm Distilleries Proposal: This is a proposed revision to Chapter 165 – Zoning Ordinance to remove provisions for festival permits for farm wineries, farm breweries, and farm distilleries. The Board of Supervisors removed Chapter 86 – Festival Permits from the Code of Frederick County in the spring of 2021. The intent of this Zoning Ordinance text amendment is to update this provision to align with the removal of Chapter 86 (Festival Permits). This amendment would eliminate the requirement for a festival permit and removes the limitation of 100 persons permitted at events held on farm wineries, breweries, and distilleries. Current Zoning Ordinance Standards: The Zoning Ordinance (§165-204.22) states that for events occurring at farm wineries, farm breweries or farm distilleries where 100 people or more are anticipated and will include music and entertainment festival permit will be required. 27 Ordinance Amendments – Steep Slopes; Farm Wineries, Farm Breweries, & Farm Distilleries; Inoperable Motor Vehicles; Pedestrian Access; and Street Design December 9, 2021 Page 2 3. Inoperable Motor Vehicles Proposal: This is a request to amend Chapter 165 – Zoning Ordinance to prohibit the unscreened storage of inoperable trailers (trailer, camping trailer, or semitrailer). Currently, the Zoning Ordinance prohibits the unscreened outdoor storage of inoperable motor vehicles; however, the current definition does not include provisions for the regulation of trailers. This amendment is seeking to amend the Zoning Ordinance so that trailers are subject to the same regulations as inoperable vehicles. Current Zoning Ordinance Standards: The Zoning Ordinance (§165-101.02) defines “inoperable motor vehicles” as any motor vehicle which is not in operating condition, or any vehicle which has been partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for operation of the vehicle or on which there are displayed neither valid license plates nor a valid inspection decal. The Zoning Ordinance (§165-204.11) Landfills, junkyards, trash disposal and inoperable vehicles, states that these are not permitted to be stored outside of a completely enclosed structure in all Zoning Districts except the RA (Rural Areas) District which allows for them to be screened from public roads or surrounding properties. Staff notes the proposed change to include inoperable trailers under “inoperable motor vehicles” would not affect “farm use” tags; farm use trailers and farm use vehicles will be exempt from the above regulations. 4. Pedestrian Access Proposal: This is a request to amend Chapter 165 – Zoning Ordinance to for pedestrian walkways/trails to align Zoning Ordinance and Subdivision Ordinance requirements and ensure pedestrian accommodations are provided to implement Comprehensive Plan policies. Current Zoning & Subdivision of Land Standards: The Zoning Ordinance (§165-203.03) currently requires sidewalks only when they are planned as included in a “corridor or walkway plan.” The Subdivision Ordinance (§144-18(A)) is more specific in the language: sidewalks shall be installed in the right-of-way and adjacent to the boundary of the right-of-way of all proposed and existing streets and shall contain adequate handicapped ramps at all intersections at intervals acceptable to the Virginia Department of Transportation. 4. Street Design Proposal: This is a request to amend Chapter 144 – Subdivision of Land to modify the requirements for minimum right-of-way for each street classification (local street, minor collector, major collector, and arterial roadways), to ensure the design of the roadway fulfills future roadway classification as specified in the Comprehensive Plan, and to ensure the design of the roadway meets all current criteria as required by the Virginia Department of Transportation (VDOT). 28 Ordinance Amendments – Steep Slopes; Farm Wineries, Farm Breweries, & Farm Distilleries; Inoperable Motor Vehicles; Pedestrian Access; and Street Design December 9, 2021 Page 3 Current Zoning Ordinance Standards: The Subdivision of Land (§144-17) currently includes only minimum right-of-way which may be insufficient for planned future conditions contained in the Comprehensive Plan. DRRC, Planning Commission & Board of Supervisors Discussion Summary: The Development Review and Regulations Committee (DRRC) discussed the proposed amendments for steep slopes, farm wineries/farm breweries/farm distilleries, and inoperable motor vehicles at their October 28, 2021, meeting and were supportive of the proposed changes. The DRRC proposed changing the steep slopes definition for both the Subdivision and Zoning Ordinance to 35% (this change is reflected in the revised text). The DRRC discussed the proposed amendment for pedestrian access and street design at their November 18, 2021, meeting and were supportive of the proposed changes. No additional comments were provided. The Planning Commission discussed this item at their December 1, 2021, meeting. The Planning Commission asked staff to confirm that “farm use” trailers, like vehicles, would not be impacted by the change to the definition/additional regulations for “inoperable motor vehicles;’ staff noted that farm use trailers would be exempt like farm use vehicles. The Board of Supervisors discussed this item at their December 8, 2021, meeting. The Board of Supervisors unanimously supported moving the proposed ordinance amendments forward for public hearing. Conclusion and Requested Action: The attached document shows the existing ordinance with the proposed changes as drafted by staff (with bold italic for text added). This item is presented for public hearing. Following a public hearing, Staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors. MTK/pd Attachment: 1. Revised ordinance with additions shown in bold underlined italics. 29 Proposed Changes – Steep Slopes Revised November 18, 2021 Chapter 144 – Subdivision Ordinance ARTICLE II Definitions §144-2 Definitions and word usage. Steep Slopes Land where the slope exceeds 15% 35% Chapter 165 – Zoning Ordinance ARTICLE I General Provisions; Amendments; and Conditional Use Permits Part 101 General Provisions § 165-101.02 Definitions and word usage. Steep Slopes Land where the slope exceeds 50% 35%. 30 Proposed Changes – Farm Wineries, Farm Breweries, and Farm Distilleries Drafted October 15, 2021 Chapter 165 – Zoning Ordinance ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses § 165-204.22 Farm wineries, farm breweries, and farm distilleries. Farm wineries, farm breweries and farm distilleries in the RA (Rural Areas) District shall meet the following requirements: A. Farm wineries. A farm winery shall be licensed as a Class A or Class B farm winery in accordance with § 4.1-207 of the Code of Virginia, as amended, and shall be located in the RA (Rural Areas) District. No farm winery shall be established until an illustrative sketch plan has been approved. All activities specified under § 15.2-2288.3E of the Code of Virginia shall be permitted. B. Farm breweries (limited brewery). A farm brewery shall be licensed as a limited brewery in accordance with § 4.1-208 of the Code of Virginia, as amended, and shall be located in the RA (Rural Areas) District. No limited brewery shall be established until an illustrative sketch plan has been approved. All activities specified under § 15.2-2288.3:1 of the Code of Virginia shall be permitted. C. Farm distilleries (limited distiller). A farm distillery shall be licensed as a limited distiller in accordance with § 4.1-206 of the Code of Virginia, as amended, and shall be located in the RA (Rural Areas) District. No limited distillery shall be established until an illustrative sketch plan has been approved. All activities specified under § 15.2-2288.3:2 of the Code of Virginia shall be permitted. D. The following activities are permitted accessory uses at farm wineries, breweries and distilleries: 1) On-site tours. 2) Kitchen and catering activities. 3) Providing light refreshments and appetizers (food preparation beyond this, excluding catering for events, shall require a conditional use permit for a restaurant). E. Events shall be permitted only on farm wineries, farm breweries and farm distilleries of 10 acres or larger. Events for the purposes of this section shall include but are not limited to meetings, conferences, dinners, festivals, and wedding receptions. Any event at which more than 100 people are anticipated and will include music and entertainment will require a festival permit. F. An illustrative sketch plan in accordance with the requirements of Article VIII shall be submitted to and approved by Frederick County for all farm wineries, distilleries and breweries. G. Farm wineries, breweries and distilleries that share a private access easement with another property owner/s must show the easement allows a use of this type or written permission must be obtained by the sharing parties. 31 Proposed Changes – Inoperable Motor Vehicles Drafted October 15, 2021 Chapter 165 – Zoning Ordinance ARTICLE I General Provisions; Amendments; and Conditional Use Permits Part 101 General Provisions 165-101.02 Definitions and Word Usage. INOPERABLE MOTOR VEHICLE OR TRAILER - Any motor vehicle, trailer, camping trailer, or semitrailer, which is not in operating condition, or any vehicle which has been partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for operation of the vehicle. Vehicles, trailers, camping trailers, and semitrailers shall also be considered inoperable if they do not display a valid license plate or a valid inspection decal. or on which there are displayed neither valid license plates nor a valid inspection decal. ARTICLE II Supplementary Use Regulations; Parking; Buffers and Landscaping; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses § 165-204.11 Landfills, junkyards, trash disposal and inoperable vehicles and trailers. Landfills, junkyards, automobile graveyards, dumping and trash heaps shall be permitted only where specifically allowed by the zoning district regulations of this chapter. Where allowed, such uses shall meet all requirements of the Frederick County Code and applicable state and federal regulations. C. Inoperable motor vehicles and trailers. 1) Inoperable motor vehicles and trailers shall not be stored outside of a completely enclosed building in the following zoning districts: RP Residential Performance R4 Residential Planned Community R5 Residential Recreational Community MH1 Mobile Home Community HE High Education MS Medical Support B1 Business Neighborhood B2 General Business 32 Proposed Changes – Inoperable Motor Vehicles Drafted October 15, 2021 B3 Industrial Transition OM Office-Manufacturing Park M1 Light Industrial M2 Industrial General EM Extractive Manufacturing 2) Inoperable motor vehicles and trailers permitted to be stored outside of a totally enclosed building shall be completely screened from public roads or surrounding properties. Permitted screening shall include opaque fences, opaque landscaping or opaque natural vegetation. 33 Proposed Changes – Pedestrian Access Drafted October 20, 2021 Chapter 165 – Zoning Ordinance ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 202 Off-Street Parking, Loading and Access §165-202.03 Motor vehicle access. D. Pedestrian access. Safe pedestrian walkways shall be provided to all uses on land included in a master plan or site plan approved by Frederick County. Sidewalks and multi-use trails shall be provided in conformance with adopted Comprehensive Plan policies for present and future roadway classifications corridor or walkway plans and/or approved master development plans. The Board of Supervisors may require additional sidewalks or walkways on master plans or the Zoning Administrator may require additional sidewalks or walkways on site plans to promote a general system of pedestrian access in residential neighborhoods or business corridors Sidewalks shall be installed in the right-of-way and adjacent to the boundary of the right-of-way of all proposed and existing streets and shall contain adequate handicapped ramps at all intersections at intervals acceptable to the Virginia Department of Transportation. There shall be a minimum two-foot-wide grass strip or swale between the street edge and the sidewalk, where sidewalks are required. Sidewalks shall be a minimum of five (5) feet wide; multi-use trails shall be a minimum of ten (10) feet wide. 34 Proposed Changes – Road Classification Revised November 9, 2021 Chapter 144 – Subdivision of Land ARTICLE V Design Standards §144-17 Streets K. Classification. The classification of proposed streets shall be determined by the Frederick County Comprehensive Plan or by the standards of the Virginia Department of Transportation (VDOT). The subdivider may be required to reserve rights-of-way for and/or construct major roads as well as minor streets where applicable and construct appropriate road improvements, bicycle and pedestrian accommodations and access points. 1) Local street. A "local street" shall be a street within a subdivision which may be required to serve as access to adjoining property or to connect with streets in an adjoining subdivision. and having an average daily projected traffic count at full build out of zero to 400 average daily trips and shall be constructed to the following standards in accordance with projected traffic: a) Minimum right-of-way width shall be 55-feet (with curb and gutter, and pedestrian accommodation on both sides) or as required by VDOT standards.. 2) Minor collector. A "minor collector" shall be a street within a subdivision that collects traffic from local streets and distributes it to the major collector and arterial system. These streets provide land access service and traffic circulation within residential, commercial and industrial areas and may be required to serve as access to adjoining properties or to connect with streets in adjoining subdivisions. Minor collectors shall have a projected average daily traffic count at full build out from 401 to 3,000 daily trips or be streets designated as minor collectors by the Frederick County Comprehensive Plan. Minor collectors shall be constructed to the Virginia Department of Transportation Urban Design Standards. a) Minimum right-of-way shall be 60-feet (with curb and gutter, and pedestrian accommodation on both sides) or as required by the Virginia Department of Transportation VDOT standards. 3) Major collector. A "major collector" shall be a street that collects traffic from local streets and minor collectors and distributes it to the arterial system. These streets provide links to higher classified routes and serve as important intracounty travel corridors. Major collectors shall have a projected average daily traffic count at full build out from 3,001 to 6,000 average daily trips or be streets designated as major collectors by the Frederick County Comprehensive Plan. a) Minimum right-of-way shall be 80 feet. Minimum right-of-way requirements and roadway design shall reflect the future roadway classification as designated by the Comprehensive Plan (including total number of lanes, medians, curb and gutter and pedestrian accommodations) and/or as required by VDOT standards. 35 Proposed Changes – Road Classification Revised November 9, 2021 4) Minor arterial. A "minor arterial" shall be a street designed to provide for either primary or secondary through traffic movement between major secondary roads, collectors, arterials or other major thoroughfares. Minor arterials interconnect and supplement the principal arterial system with a greater emphasis on land access and a lower level of traffic mobility. The minor arterial shall have a projected average daily traffic count at full build out from 6,001 to 8,000 average daily trips or be street designated as a minor collector by the Comprehensive Plan and shall be constructed to the following standards in accordance with projected traffic: a) Minimum right-of-way shall be 90 feet. Minimum right-of-way requirements and roadway design shall reflect the future roadway classification as designated by the Comprehensive Plan (including total number of lanes, medians, curb and gutter and pedestrian accommodations) and/or as required by VDOT standards. 5) Major arterial. A "major arterial" shall be a street designed as a major carrier of through traffic. having a projected average daily traffic count at full build out of over 8,000 average daily trips or be designated as a major collector by the Frederick County Comprehensive Plan and shall be constructed to the following standards: a) Minimum right-of-way width shall be 100 feet. Minimum right-of-way requirements and roadway design shall reflect the future roadway classification as designated by the Comprehensive Plan (including total number of lanes, medians, curb and gutter and pedestrian accommodations) and/or as required by VDOT standards. b) Controlled access with service drives shall be required. 36 Planning Commission Agenda Item Detail Meeting Date: January 5, 2022 Agenda Section: Other Title: Current Planning Applications Attachments: 37