035-09Actdon:
BOARD OF SUPERVISORS: October 14, 2009 x APPROVED DENIED
RESQLUTIOl�T
DIRECTING THE PLANNING COMIIHSSION TO HOLD A PUBLIC HEARU�TG
REGARDING AN ORDINANCE AMENDMENT TO CHAPTER 165 AND 144
CHAPTER 165, ZONING, ARTICLE IV — AGRICULTURAL AND
RESIDENTIAL DISTRICTS, PART 401 — RA RURAL AREAS DISTRICT;
ARTICLE II —PART 204 - REGULATIONS FOR SPECIFIC USES; ARTICLE I
GENERAL PROVISIONS —PART 101- DEFINITIONS AND WORD USAGE
— WHEREAS, the Frederick County Planning Department has been directed to prepare
revisions to Chapter 165, Zoning and Chapter 144, Subdivision of Land, regarding the
regulations applicable to rural preservation subdivisions, agricultural lots, permitted and
conditional RA uses, cul -de -sac length requirements and definitions.
recommendations commendations contained within the Rural Areas Report and
Recommendations which was adopted by the Board of Supervisors on April 22, 2009;
and,
WHEREAS, The Development Review and Regulations Committee (DRRC) discussed
the draft ordinance on August 27, 2009 and recommended it be sent to the Planning
Commission; and
WHEREAS, the Planning Commission discussed the draft ordinances on September 16,
2009; and recommended that a public hearing be held; and
WHEREAS, the Frederick County Board of Supervisors finds that it is in the public
necessity, convenience, general welfare, and good planning practice, to direct the
Frederick County Planning Commission hold a public hearing regarding implementation
to the existing rural preservation lot subdivision requirements; and
NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of
Supervisors that the Frederick Counfy Planning Commission shah hold a public
hearing regarding an Ordinance Amendment to Chapter 165 and 144 to revise the
regulations applicable to rural preservation subdivisions, ag�-icultm-al lots,
permitted and conditional RA uses, eul -de -sac length requirements and defnitions.
Passed this 14th day of October, 2009 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
- BOS Res . 4035 -09
_Aye
Gary A. Lofton
Aye
Bill M. Ewing
Aye
Charles S. DeHaven, Jr.
Aye
Aye
Absent
Aye
A COP AT ST
John ley, r.
Fred ck County Administrator
COUNTY of FREDERICK
Department of Planning and Development
MEMORANDUM 540/665 -5651
FAX: 540/ 665 -6395
To: Frederick County Board of Supervisors
From: Candice E. Perkins, AICP, Senior Planner
Subject: Discussion— Rural Area (RA) District Revisions
Date: October 5, 2009
On April 22, 2009, the Board of Supervisors approved the Rural Areas Report and
Recommendation as a policy component of the Comprehensive Policy Plan. This report
contained recommendations from the Rural Areas Subcommittee, which was a group created by
the Board. of Supervisors. The Subcommuttee was charged with identifying growth and
development trends and related issues in the rural areas of the County, gathering ideas to address
those issues and forwarding a recommendation for resolution to the Board of Supervisors. One
of the recommendations contained within the report was to:
• Implement enhancements to the existing Rural Preservation Lot Subdivision
requirements.
o Maintain a minimum lot size of two acres.
o Increase the preservation lot (cluster set -aside lot) from 40 percent of the parent
tract to a minimum 60 percent of the parent tract.
o Removal of the density exception for the rural preservation lot.
This agenda item is the first to implement some of the recommendations contained within the
Rural Areas Report. Specifically, this ordinance amendment addresses the changes to the rural
preservation subdivision requirements contained within Article IV of the Zoning Ordinance and
Articles II and V of the Subdivision Ordinance.
This draft amendment proposes the following:
• Rural preservation tract be counted towards the permitted residential density of the parent
tract.
• Increase the rural preservation tract requirement from forty percent to sixty percent.
• Reduced lot width for rural preservation lots and exemption for rural preservation lots
from the maximum depth requirements.
• Elimination of agricultural lots from the RA District.
• Permitted RA uses - addition of animal husbandry and farm wineries, removal of cottage
occupation signs.
• Conditional RA uses — addition of Off - premise farm markets; Commercial stables,
equestrian facilitates and commercial riding facilitates; Petting farms; Bed and
Breakfasts; Country clubs (with or without banquet facilities); Welding Businesses; and
Cottage occupation signs.
107 North Kent Street, Suite 202 •Winchester, Virginia 22601 -5000
Frederick County Board of Supervisors
Re: Rural Area (RA) District Revisions
Page 2
October 5, 2009
• Additional standards for farm wineries, and welding businesses.
• Revisions to the cul -de -sac length requirements in the Subdivision Ordinance.
• New defmitions that correspond to the new permitted /conditional uses
The item was presented to the Development Review and Regulations Committee (DRRC) at
their meeting on August 27, 2009. The DRRC requested minor changes to the draft ordinance
amendment and recommended it be sent to the Planning Commission for discussion.
Planning Commission Discussion
The Planning Commission discussed this item at their September 16, 2009 meeting.
Commissioners were concerned that if the rural preservation lot is removed from the density
exception it would discourage use of the preservation option over the five acre lot option and that
the rural. preservation option should be incentivized as much as possible. Commissioners also
believed that the increase in the preservation tract size from 40 percent to 60 percent was too
high and that while 40 percent was low, 60 percent may be too high. A suggestion of 50 percent
for the preservation was discussed. It was noted that the draft ordinance was designed to
implement the adopted Rural Areas Report and Recommendations. The recommendations
contained within the report were presented and discussed at various community meetings in 2008
as well as public hearings to adopt the report in 2009.
Imulementation of Ordinance Changes
If approved by the Board of Supervisors, these changes to Chapter 165 and 144 are proposed to
- be implemented immediately. The revisions to the RA (Rural Areas) District have been
discussed for more than a year and, therefore, no grace period is being proposed. Only
properties that have already recorded a 40% rural preservation tract will be vested. All other
properties must adhere to the new standards as of the adoption date of the ordinance revisions.
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. Revised ordinance with additions shown in bold italics and
deletions shown with a strikethrough (Article IV of the Zoning
Ordinance and Articles II and V of the Subdivision Ordinance).
2. Resolution.
CEP/bad
Chapter 165, ZC►NING
ARTICLE [V
AGRICULTURAL AND RESIDENTIAL DISTRICTS
Part 401 — RA Rural Areas District
§ 165 - 401.01. Purpose and intent.
A. The purpose of the rural area regulations is to preserve large, open parcels of land, tree cover, scenic views,
sensitive environmental areas and prime agricultural and locally significant soils. The regulations provide for a
variation in lot size, at a density not to exceed one unit per five acres. The varying lot size is permitted in order to
facilitate designs that blend in with the existing landscape and preserve some larger tracts of undeveloped land in
order to maintain the rural character of the County, as well as provide a choice to home buyers.
B. The regulations are intended to reduce environmental impacts, such as soil erosion, by requiring development
which is sensitive to the existing features of the natural terrain and by reducing the amount of clearing needed for
roads. Diversity and originally in lot layout are encouraged in order to achieve the best possible relationship
between the development and the land_ Individual lots and streets should be designed to minimize alteration of
the natural site features, relate positively to surrounding properties and protect the views from surrounding areas.
It is intended that by allowing flexibility in the subdivision design, while at the same time requiring that
environmental concerns be addressed, a mare attractive, environmentally sound and economically viable
development will result.
§ 165 - 401.02. Permitted uses.
Structures and land shall be used for one of the following uses:
A. Agriculture, farming, dairies, animal husbandry, and forestry.
B. Orchards, horticulture and the production of nursery stock and products.
C. Single- family dwellings.
D. Mobile homes
E. Schools (without residential component).
F. Public parks and playgrounds.
G. Churches.
H. Home occupations (as def►ned).
I. Natural conservation areas.
J. Winchester Airport.
K. Group homes
L. Fire stations, companies and rescue squads.
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M. Frederick County sanitary landfill.
N. Commercial and institutional cemeteries with or without funeral homes or cemetery office complexes.
O. Post offices.
P. Radio and television towers and their accessory buildings
Q. Public utility generating, booster or relay stations, transformer substations, transmission lines and towers, pipes,
meters and other facilities, railroad facilities and sewer and water facilities and lines owned by public utilities,
railroad companies or public agencies.
R. Required off- street parking.
S. Oil and natural gas exploration, provided that the following requirements are met:
(1) All requirements of the Code of Virginia, as amended, and all applicable federal, state and local
regulations shall be met.
(2) A site plan shall be reviewed and approved meeting all requirements of the Frederick County
Code.
(3) Approval of the site plan and use shall be for 90 days, with subsequent renewals being approved
by the Planning Commission.
(4) In order to begin extraction of the resources, a rezoning to the EM Extractive Manufacturing
Zoning District will be required.
T. Museums, parks or historic sites used for educational or historic preservation purposes.
U. Business signs.
V. Signs allowed in § 165 - 201.066.
Vd. Cettage eESd�ation sig��. W. Accessory uses.
X. Poultry farms and hatcheries and egg production.
Y. Fish hatcheries and fish production.
Z. Hog farming. It shall be unlawful for any person to have or maintain or to permit to be erected, in the County,
any hog pen that is located closer than 200 feet to a residence or an adjoining property that is used for human
habitation.
AA. Local government services office.
BB. Residential subdivision identification signs.
CC. Farm Wineries
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§ 165- 4Q1.03. Conditional uses.
The following uses of structures and land shalt be allowed only if a conditional use permit has been granted for the
use:
A. ftd!� Bed and Breakfasts.
B. ',�Country clubs, with ar without banquet facilities
C. ';� M,anufacture or sale of feed and other farm supplies and equipment
D. Fruit packing plants.
E' Off- premise farm markets.
F. Off - premises wayside stands.
G. Country general stores.
H. Service stations.
1. Antique shops.
J. Restaurants.
K. Kennels.
L. Commercial stables, equestrian facilitates and commercial riding facilitates
M. Petting farms.
�: N. Television or radio stations.
O. Motets.
P. Auction houses.
g Campgrounds, tourist camps, recreation areas and resorts.
R. Commercial outdoor recreation, athletic or park facilities.
4 S. Nationally chartered fraternal lodges or civic clubs, social centers and their related facilities
T. Sawmills and planing mills, Type B.
U. Ambulance services.
`" T—V. Retailing or wholesaling of nursery stock and related products.
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k�- W. Landscape contracting businesses.
�: X. Public garages without body repair, provided that the following conditions are met:
(1) All repair work shall take place entirely within an enclosed structure.
__ __.
(2) All exterior storage of parts and equipment shall be screened from the view of surrounding
properties by an opaque fence or screen at least five feet in height. This fence or screen shall be
adequately maintained.
�: Y. Public garages with body repair, provided that the following conditions are met:
(1j All repair work shall take place entirely within an enclosed structure.
(2) All exterior storage of parts and equipment shall be screened from the view of surrounding
properties by an opaque fence or screen at least f+ve six feet in height. This fence or screen
shall be adequately maintained.
�: Z Sand, shale and clay mining, provided that the following conditions are met:
(1) All mining shall be above the mean, existing grade level of a parcel of land.
(2) All mining operations shall meet all applicable requirements of state and federal agencies.
(3) Such mining operations shall meet the landscaping and screening requirements, supplementary
__ regulations, height, area and bulk regulations and site plan requirements contained in the EM
Extractive Manufacturing District regulations.
�: AA. Cottage occupations (as defined).
BB. Cottage occupation signs.
CC. Veterinary office, clinic or hospital, including livestock services.
A� DD. Day -care facilities
EE. Humanitarian aid organizational office.
�. FF. Schools (with residential component).
GG. Fruit and vegetable stands (SIC 5431).
€€= HH. Blacksmith shops (SIC 7699).
� /l. Farriers (SIC 7699).
G�JJ. Horseshoeing (SIC 7699).
##: KK. Taxidermists (SIC 7699).
LL. Welding (S!C 7692).
§ 165 - 401.04. Permitted residential density; exception.
A. The maximum density permitted on any parcel or group of parcels shall not exceed the equivalent of one unit
per five acres as determined by the size of the parent tract as it existed on +�^ � " *^ ^� ,� r +' f +n.;���,�,z-
December 11. 1991.
B. Exception to permitted density. On lots containing between seven and ten -acres which were lots of record prior
to +'�^ �� ^ " + :^ � +�,' .+' ' December 11. 1991, lots of two or more acres may be created despite the density
limit of one unit per five acres, provided that they meet the requirements of § 165- 401.06B of this chapter.
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§ 165 - 401.06. Permitted lot sizes.
The following types of lots shall be permitted:
A. Traditional f��e acre lots. On any parcei, lots of five acres in size or greater shall be permitted.
B. Family division lots. On any parcel which contained seven acres or more prior to +'�^ ^� ^ " +;^ � +r,• -+' �
December 11, 1991, lots as small as two acres may be created, provided that the following conditions are met:
(1) Lots are conveyed to members of the immediate family of the owner of record of the parent tract.
(2) Only one such lot shall be permitted per immediate family member.
(3) One parcel of at least five acres in size shall remain intact following the division.
(4) The creation of all such lots shall be in accordance with the provisions of the Frederick County
Subdivision Chapter and § 15.2 -2244 of the Code of Virginia.
�.�rs�an
8: C. Rural preservation lots.
(1) Within the RA Rural Areas District, lots as small as two acres shall be permitted on tracts over 20 acres in
size, subject to the following:
(a.) Six percent or more of the parent tract shall remain intact as a contiguous parcel (Rural
Preservation Tract).
(b.) This acreage must be designated prior to the division of the fourth lot.
(c.) No future division of this designated Rural Preservation Tract shall be permitted.
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(2) Exception to the Rural Preservation Tract. In cases where excessive topography or other natural
features of a site create a situation where a higher quality subdivision design, resulting in less physical
and /or visual disruption could be achieved by allowing two residual parcels to be created, the Planning
Commission may permit the 49� -60% to be made up of two parcels.
§ 165 - 401.08. Minimum width; maximum depth.
A. Minimum width.
— - -- - -- -- �---- -___.., ........,.. "...�.r.,..�. ,
fr vi T �civ�t'ict-rtrr�
1J Minimum width for rural preservation lots•
aJ Lots fronting on roads proposed for dedication • 50 feet at the front setback line
bj Lots fronting on the turnaround of a cul -de -sac for roads proposed for dedication• 80 feet
at the front setback line.
c) Lots fronting on existing state roads: 250 feet at the front setback line
2) Minimum width for all other lots: 250 feet at the front setback line
B. Maximum depth. +:-.-
1) Within subdivisions utilizing rural preservation lots the sixty- percent parcel lRural Preservation Tract)
shall be exempt from the maximum depth requirement
2) Depth /Width Ratio: 5:1 maximum.
Article ii
SUPPLEMENTARY USE REGULAT[ONS, PARKfNG, BUFFERS, AND REGULAT[ONS FOR SPEClF[C USES
Part 204 — Additiana! Regulations for Specifie Uses
- § 165 - 204.22. Farm Wineries.
Farm Wineries in the RA (Rural Areas) District shall meet the followinq requirements•
A. The follawing shall be considered by -right accessory uses at farm wineries•
(1J The production and harvesting of fruit and other agricultural products•
(2J The manufacturing of wine;
(3J The storage and sale of wine produced by the winery including retail sales direct sales and
shipment, as well as wholesaling•
(4J The provision for on -site winery tours•
(5J The incidental retail of wine - related items• and
(6J Wine tasting.
e. Special events shall be pCrmitted only an farm wineries of ten acres or larger Special events for the
purposes of this section shall include but are not limited to meetings conferences dinners and
wedding receptions. Any event at which more than 150 people ryrA anticipated will require a
festival permit.
C. A site plan in accordance with the requirements of Article Vl/l shall be submitted to and approved by
Frederick County.
§ 165- 204.23. Welding Repair (SlC 7692).
A. Welding repair operations in the RA (Rural Areas) District shall meet the followinq requirements•
(1J .Hours of operation shat! not exceed 7:OOam- 7:OOpm Monday- Saturday
(2J Total building area shall not exceed 7 500 square feet.
(3J All outdoor storage or repair areas shall be screened by a six foot board -on -board fence
evergreen screen or berm.
(4J The Planning Commission may require buffer and screening elements and /or distance when
deemed necessary to protect existing odiacent uses.
B. A site plan in accordance with the requirements ofArticle Vlll shall be submitted to and approved
by Frederick County.
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ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS
Part 101 — General Provisions
— § 165- 101.02. Definitions and word usage.
BED AND BREAKFAST —An owner or operator - occupied single- family detached dwelling unit which contains no
more than one (1) kitchen and ten (10) or fewer quest rooms which are occupied for sleeping purposes by
quests, other than temporary personal quests of a family in a dwelling unit for compensation with or without
meals. A Bed and Breakfast may include banquet /event facilities for private parties as on accessory use
COUNTRY CLUB —Aland area and buildings containing recreational facilities club house and usual accessory
uses, pr�manly open to members and their quests for a membership fee or daily fee• moy include but are not
Ifm�ted to swimming pools. tennis courts golf courses stables and riding facilities
FARMER'S MARKET — Retail of fresh fruit and vegetables and other food and related items at a facility with
mace occupied by one or several different tenants an a short term or daily basis• may be indoor or outdoor
this term does not include wayside stands roadside stands or wayside markets
FARM WINERY— An establishment (i) located on a farm in the Commonwealth with a producing vineyard
orchard, or similar growing area and with facilities for fermenting and bottling wine on the pre, ��ses where
the owner or lessee manufactures wine that contains not more than 18 percent alcohol by volume or (ii)
located in the Commonwealth with a producine vineyard orchard or similar �rowine area or agreements for
purchasing drapes or other fruits from agricultural growers within the Commonwealth and with facilities for
fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains
not more than 18 percent alcohol by volume A minimum of 51 percent of the fresh fruits or agricultural
products used at the winery for the production of wine shall be grown or produced on the farm and no more
than 25 percent of the fruits fruit juices or other agricultural products may be prawn outside of the
Commonwealth. Accessory uses shall include wine tasting rooms accessory food sales related to wine
tasting, and the sale of wines produced on site
Chapter 144, Subdivision of Land
ARTICLE I!
Definitions
§ 144 -2. Definitions and word usage.
SUBDIVISION, MAJOR RURAL -Any subdivision resulting in the cumulative total of four or more traditional
five acre lots, family division lots, � ^�����' +�� -, " ^+ r rural preservation lots from a single parcel in the RA
Rural Area District.
SUBDIVISION, MINOR RURAL -Any subdivision resulting in the cumulative total of three or fewer traditional
five acre lots, family division lots, _ ^- ����' +�� -, " ^+ or rural preservation lots from a single parcel in the RA
Rural Area District.
chapter 144, Subdivision of Land
ARTICLE V
Design Standards
§ 144.17. Streets.
G. Culs -de -sac.
(1) Culs -de -sac, permanently designed as such, shall not exceed 1,000 feet in length unless
required by the Virginia Department of Transportation standaras for connectivity The
Planning Commission may waive this requirement in cases where extreme topography
or other factors make it impractical. In no case shall the street -serve more than 25 lots.
The turnaround provided shall have aright -of- -way radius of not less than 50 feet and a
paved radius of not less than 45 feet. Loop streets are preferred to cuts -de -sac, where
possible.
(2) Any street dead -ended for access to an adjoining property or because of approved stage
development, which is over 200 feet in length, shall be provided with a temporary, all -
weather, fifty -foot turnaround. The plan shall note that the land outside of the normal
street right -of- -way shall revert to the adjoining landowners whenever the street is
continued. Temporary cull -de -sac used to accommodate approved phasing or to
provide access to adjoining properties shall not be restricted in length to the one -
thousand -foot requirement for cuts -de -sac. The length of temporary cull -de -sac shall
not exceed the length specified by the phasing plan on an approved master
development plan.
§ 144.31. Rural subdivisions.
The requirements of this section shall apply to all subdivisions of land zoned RA (Rural Areas) under
Article IV of Chapter 165, Zoning, of the Frederick County Code.
B. Major rural subdivisions.
(1) Any subdivision which results in a cumulative total of more than three lots being divided
from a single parent parcel within the RA (Rural Areas) Zone shall be considered a major
rural subdivision. Lots described in § 165- 401.066, Family division lots; �- �„d-T�
48 &.A6E, " ^�� ^��' +.....' ' + , of Chapter 165, Zoning, of the Frederick County Code, shall
- not count toward this three -lot limit. Prior to review and approval of final plats for such
0
divisions, a preliminary sketch plan must be reviewed and approved by the Zoning
Administrator.
(2) Access. All roads serving lots within a major rural subdivision shall be built to the
�+a -r�}— Subdivision Street Acceptance Standards of the Virginia Department of
__. Transportation and dedicated to Frederick County for eventua{ acceptance into the
state secondary road system.
C. Minor rural subdivisions.
(1) .The division of the following types of lots are permitted under the regulations for minor
rural subdivision:
(a) Lots described by § 165 - 401.066, Family division lots• —� ^� � ��� nn� nc�
^ ^'` ^��' + "r� " ^ *� ^f Chapter 165, Zoning, of the Frederick County Code.
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