017-08Action:
BOARD OF SUPERVISORS: September 24, 2008 ID APPROVED ❑ DENIED
RESOLUTION
Chapter 165, Zoning, Article IV, Supplementary Use Regulations
Building Height Restriction in the B3, Industrial Transition District
WHEREAS, the Frederick County Planning Department has received a request to
modify Chapter 165, Zoning, Article IV, Supplementary Use Regulations to provide a
building height increase in the B3, Industrial Transition Zoning District.
WHEREAS, The Development Review and Regulations Subcommittee (DRRS)
recommended approval of this amendment on June 26, 2008; and
WHEREAS, the Planning Commission discussed the draft ordinance on August 20,
2008; and recommended that a public hearing be held;
WHEREAS, the Frederick County Board of Supervisors finds that in the public
necessity, convenience, general welfare; and good zoning practice, directs the Frederick
County Planning Commission hold a public hearing regarding amendments to Chapter
165, Zoning, Article IV, Supplementary Use Regulations. The proposed amendment
includes a building height increase for the B3, Industrial Transition Zoning District.
NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of
Supervisors that the Frederick County Planning Commission shall hold a public hearing
to consider revisions to Chapter 165, Zoning, Article IV, Supplementary Use
Regulations. The proposed amendment includes a building height increase for the
B3, Industrial Transition Zoning District.
Passed this 24th day of September, 2008 by the following recorded vote:
This resolution was approved by the following recorded vote:
Richard C. Shickle, Chairman
Gary W. Dove
Gene E. Fisher
Philip A. Lemieux
Ave Gary A. Lofton -A3�
Aye Bill M. Ewing Aye
Aye Charles S. DeHaven, Jr. Aye
Aye
A CO T T
Job ley, Jr.
Fre tafick County Administrator
BOS Res.: 017 -08
COUNTY of FREDERICK
Department of Planning and Development
540/665 -
MEMORANDUM 6395
FAX: 540/ 665 -6395
To: Frederick County Board of Supervisors
From: Candice E. Perkins, AICP, Senior Planner CV
Subject: Board of Supervisors Discussion — Height Restrictions in the B3 Zoning District
Date: September 15, 2008
Walsh, Colucci, Lubeley, Emrich & Walsh, PC, submitted a Zoning Ordinance text amendment
request to the County to enable the building height restriction in the B3 (Industrial Transition)
Zoning District to be increased from 35 feet to 45 feet. The requested changes are based on a desire
to have a height allowance in the B3 District that falls between the B2 (Business General) District
[35ft] and the M1 (Light Industrial) District [60ft].
The item was presented to the Development Review and Regulations Subcommittee (DDRS) at their
meeting on June 26, 2008. The DRRS stated that they could support the 45 foot height increase as
an exception to the height requirements so long as anything over 35 feet in height utilized the
building setbacks required for the M1 (Light Industrial) Zoning District. This item was then
discussed at the Board of Supervisors and Planning Commission Joint Work Session held on August
5, 2008. At the work session, this item was briefly discussed; however, a clear direction on the
height exception was not achieved. The Planning Commission then discussed this item at their
August 20, 2008 meeting. The Commission unanimously supported the request and recommended
that the request be forwarded to the Board of Supervisors for discussion.
The attached document shows the existing Ordinance as well as the proposed height exception in
bold italics. §165-83 is the section in the Zoning Ordinance that shows the maximum height
restriction for the commercial and industrial districts; this section is proposed to remain the same.
The height exception is proposed to be added to § 165 -24 Height limitations; exceptions.
The attached document shows the existing Ordinance with proposed additions shown in bold italics.
This item is presented for discussion. Staff is seeking comments and direction from the Board of
Supervisors on this Zoning Ordinance text amendment; attached is a resolution directing the item to
public hearing should the Board deem it appropriate.
Attachments: 1. Existing Ordinance with proposed additions shown in bold italics ( §165 -24).
2. Existing Commercial and Industrial Height Requirements ( §165 -83).
3. Letter from applicant requesting a text amendment.
CEP/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
ATTACHMENT 1
(k) Smokestacks and cooling towers.
(1) Utility poles and towers.
(m) Water tanks.
(n) Windmills.
(2) Parapet walls may be up to four feet above the height of the building on
which the walls rest.
(2) Solar collectors, air conditioners and other mechanical equipment may
exceed the height limitations if they are screened from the public view of
surrounding properties and rights -of -way.
ARTICLE IV
Supplementary Use Regulations
§ 165 -24. Height limitations;
exceptions. [Amended 4 -10 -19911
A. No structure
shall exceed the height limitations described in this chapter.
B. Exceptions to height requirements:
(1) The maximum height requirements shall not apply to the following:
(a)
Barns and silos.
(b)
Belfries.
(c)
Bulkheads.
(d)
Chimneys.
(e)
Church spires and towers.
(f)
Flagpoles.
(g)
(Reserved) s
(h)
Domes and skylights.
(i)
Masts and aerials.
(j)
Radio and television transmission towers and commercial
telecommunication facilities [Amended 4 -9 -19971
(k) Smokestacks and cooling towers.
(1) Utility poles and towers.
(m) Water tanks.
(n) Windmills.
(2) Parapet walls may be up to four feet above the height of the building on
which the walls rest.
(2) Solar collectors, air conditioners and other mechanical equipment may
exceed the height limitations if they are screened from the public view of
surrounding properties and rights -of -way.
ATTACHMENT 1
(3) Automated storage facilities in the M1 and M2 Zoning Districts shall be
exempt from the maximum height requirement. This exemption shall be
granted only when the facility is provided with full sprinkling for fire
protection according to the specifications of applicable codes. Such
exemptions shall be approved by the Frederick County Fire Marshall. In
no case shall the height of these facilities exceed 100 feet in height.
(4) All of the above exceptions shall be allowed only if they accomplish the
purpose for which they are intended, if they are not intended for human
occupancy and if they do not infringe on the solar access of surrounding
properties.
(6) General office buildings in the B2 and B3 Zoning Districts and hotel and
motel buildings in the B2 Zoning District shall be exempt from the
maximum height requirement of those zoning districts. In no case shall
the height of such building exceed 60 feet. When such exemptions are
proposed adjacent to existing residential uses, the Planning Commission
shall review the site development plan pursuant to the provisions of § 165 -
37A(3). [Added 3- 8- 200061
(7) Buildings used for schools without residential components may exceed the
maximum height of the underlying zoning district. The only portions of
buildings used for schools without residential components that may
exceed the height in the underlying zoning district are those which are
accessory and inconsequential to the primary function of the building. In
no case shall any portion of the building exceed 75 feet in height. [Added
6- 11- 200361
(8) If any of the above exceptions exceed the height limitation of the proposed
zoning district, the structure shall be required to be set back the normal
setback or required buffer distance plus one foot for every foot over the
maximum allowed height of that zoning district. [Added 6 -9 -1993;
amended 3 -8 -20001
(9) In the B3 (Industrial Transition) Zoning District uses may exceed the
height limitation so long as all front, side and rear setbacks conform to
the setback requirements for the MI (Light Industrial) Zoning District.
In no case shall any structure in the B3 Zoning District exceed 45 feet in
height.
ATTACHMENT 2
§ 165 -83 FREDERICK COUNTY CODE § 165 -85
§ 165 -83. Dimensional and intensity requirements.
A. The following table describes the dimensional and intensity requirements for the business
and industrial districts:
B. Minimum landscaped area. In the B2 Business General Zoning District, the Planning
Commission may require that more than 15% of the area of a site shall be landscaped in
order to meet the intent of this chapter.
Additional landscaped areas may be required to .ensure that all unused areas are
landscaped and to improve the general appearance and use of the site. In no case shall
more than 25% of the site be required to be landscaped in the 132 Business General
Zoning District.
ARTICLE XI
EM Extractive Manufacturing District
§ 165 -84. Intent.
The intent of the Extractive Manufacturing District is to provide for mining and related
industries, all of which rely on the extraction of natural resources. Provisions and performance
standards are provided to protect surrounding uses from adverse impacts. It is also the intent
of this article to avoid the encroachment of incompatible uses on the borders of the EM
District.
§ 165 -85. Permitted uses.
The following uses shall be allowed:
165:122 06-15-2007
District
Requirement
B1
B2
B3
M1
M2
Front yard setback on
50
50
50
75
75
primary or arterial highways
(feet)
Front yard setback on
35
35
35
75
75
collector or minor streets
(feet)
Side yard setbacks (feet)
-
-
15
25
25
Rear yard setbacks (feet)
-
-
15
25
25
Floor area to lot area ratio
0.3
1.0
1.0
1.0
1.0
(FAR)
Minimum landscaped area
35
15
25
25
15
(percentage of lot area)
Maximum height (feet)
35
35
35
60
60
B. Minimum landscaped area. In the B2 Business General Zoning District, the Planning
Commission may require that more than 15% of the area of a site shall be landscaped in
order to meet the intent of this chapter.
Additional landscaped areas may be required to .ensure that all unused areas are
landscaped and to improve the general appearance and use of the site. In no case shall
more than 25% of the site be required to be landscaped in the 132 Business General
Zoning District.
ARTICLE XI
EM Extractive Manufacturing District
§ 165 -84. Intent.
The intent of the Extractive Manufacturing District is to provide for mining and related
industries, all of which rely on the extraction of natural resources. Provisions and performance
standards are provided to protect surrounding uses from adverse impacts. It is also the intent
of this article to avoid the encroachment of incompatible uses on the borders of the EM
District.
§ 165 -85. Permitted uses.
The following uses shall be allowed:
165:122 06-15-2007
ATTACHMENT 3
WALSH COLUCCI
LUBELEY EMRICH
& WALSH PC
John H. Foote
(703) 680 -4664 Ext. 114
jfoott@pw.thrlandlawyers.com
Fax: (703) 680 -2161
May 21, 2008
Via E -mail and First Class Mail
Eric R. Lawrence
Planning Director
Frederick County
A 3I
ICAL Street
Winchester, VA 22601
Re: Proposed B3 Text Amendment Request
Dear Eric:
On behalf of our client, BPG Properties, Ltd., we request that Frederick County initiate
an ordinance amending Zoning Ordinance § 165 -83.A. to provide for a maximum permitted
height of 45 feet in the B -3 Zoning District. As the County's Industrial Transition District, it is
appropriate for the maximum permitted height to fall between the permitted height in B -2 of 3 5
feet and the permitted height of 60 feet in M -1 to accommodate the types of uses and end -users
contemplated by the B -3 district regulations.
Frederick County is relatively unique in its inclusion of such a transitional zoning
category, but a review of some other Virginia jurisdictions reveals that a 35 foot maximum
height is comparatively low for similar commercial and industrial districts. In nearby Warren
County, the maximum permitted height in the Industrial Zones is 50 feet, and in all other zones
40 feet. Warren County Zoning Ordinance § 183 -13. Fauquier County permits maximum
building heights as follows in its corresponding commercial and industrial districts: 65 feet in the
r�,merciai 1-1igh� vay (C -2) District ", 60 et in the "Cornmercial - Shopping Center,
Community /Regional (C -3) District ", 45 feet in the "Industrial Park (I -1) District ", and 45 feet in
the "Industrial General (I -2) District ". Fauquier County Zoning Ordinance § 3 -300.
Thank you for your consideration of this request, and please inform us when this matter is
scheduled for a Development Review and Regulations Subcommittee committee meeting.
- MAY 2 PHONE 703 680 4664 1 FAX 703 680 6067 t WWW.TNELANDLAWYERS'.COM
43 PRINCE WILLIAM PARKWAY, SUITE 300 1 PRINCE WILLIAM, VA 22192
ARLINGTON OFFICE 703 $28 4700 1 LOUDOUN OFFICE 703 737 3
ATTORNEYS AT LAW
Mr. Eric Lawrence
May 21, 2008
Page 2 of 2
Sincerely yours,
WALSH, COLUCCI, LUBELEY,
EMRICH & WALSH, P.C.
� �" l//hD`'
John H. Foote
JHF /jhf
cc: Daniel P. DiLella
John Knott
Michael. Coughlin -
Robert Mitchell
Market Driven Justification for 45' Height Increase in B -3
Permitted uses
• Offices and storage facilities for building construction contractors, heavy construction
contractors and special trade contractors
• Warehousing
• Various repair facilities
• Flex tech
45' height needed for sophisticated storage operations
Racking —most users utilize racking system to organize product/materials
Product/materials accessed by forklift
Goal is to maximize vertical storage to reduce floor space (footprint) needed
Typical elevation attached
• Fire Code requires clearance between product and sprinkler
• Underside of roof joist at 32'3" elevation
• Top of structure from finished floor at 41'6"
• Loading dock — elevation of loading dock must be higher than ground, increasing the
height measurement at the loading dock to 45'6"
NOTE — Height measured from mean level of the ground surrounding structure to
its highest point
Typical Users Solaris Paper (consumer /commercialpaper products), Plygem Industries (building
products), Home Depot distribution
Other jurisdictions Frederick County at a competitive disadvantage with:
• Warren County -50' height limit in Industrial Zone; 40' height limit in all other districts
• Fauquier County - -65 feet in the "Commercial - Highway (C -2) District ", 60' in the
"Commercial - Shopping Center, Community/Regional (C -3) District", 45' in the
"Industrial Park (I -1) District ", and 45' in the "Industrial General (1 -2) District ".
• Rockingham County height up to 45' if certain setbacks increased
• No mechanism for modifying height by special use permit or other means
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