031-12Action:
BOARD OF SUPERVISORS: December 12, 2012 9) APPROVED ❑ DENIED
RESOLUTION
DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING
REGARDING CHAPTER 165, ZONING
ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS
PART 402 RP RESIDENTIAL PERFORMANCE DISTRICT
165 - 402.01 INTENT, 165 - 402.02 PERMITTED USES, 165- 402.03 CONDITIONAL
USES, 165 -402.04 NUMBER OF USES RESTRICTED, 165- 402.05 GROSS DENSITY,
165 - 402.06 MULTIFAMILY HOUSING, 165 - 402.07 OPEN SPACE
REQUIREMENTS, 165 - 402.08 RECREATION FACILITIES, 165- 402.09
DIMENSIONAL REQUIREMENTS, 165 - 402.10 PHASED DEVELOPMENT.
ARTICLE 11 SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS
AND REGULATIONS FOR SPECIFIC USES
PART 203 BUFFERS AND LANDSCAPING
165 - 203.01 LANDSCAPING REQUIREMENTS, 165 - 203.02 BUFFER AND
SCREENING REQUIREMENTS.
PART 201 SUPPLEMENTARY'' USE REGULATIONS
165 - 201.02 SETBACK REQUIREMENTS.
ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL
USE PERMITS
PART 101 GENERAL PROVISIONS
165 - 101.02 DEFINITIONS AND WORD USAGE.
WHEREAS, the Frederick County Planning Department has been directed to prepare
changes to Chapter 165 Zoning, concerning revisions to the RP (Residential
Performance) Zoning District.
WHEREAS, The Development Review and Regulations Committee (DRRC)
recommended, on March 22, 2012, this item be forwarded to the Planning Commission
and Board of Supervisors; and
WHEREAS, the Planning Commission and the Board of Supervisors were presented
with the proposed changes at a joint work session on May 10, 2012; and
WHEREAS, the Board of Supervisors discussed the proposed changes on July 25, 2012;
and
WHEREAS, the Planning Commission and the Board of Supervisors were presented
with the proposed changes at a joint work session on November 14, 2012; and
WHEREAS, the Board of Supervisors discussed the proposed changes on December 12,
2012; and
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 bearing regarding an amendment to Chapter
165 concerning revisions to the RP 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 changes to the RP (Residential Performance) Zoning District as set forth in
the heading of this Resolution.
Passed this 12"' day of December, 2012 by the following recorded vote:
This resolution was approved by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Abse
Ross P. Spicer A y e Bill M. Ewing Aye
Gene E. Fisher Aye_ Charles S. DeHaven, Jr. Aye
Christopher E. Collins
Aye
A COPY ATTE T
Jo e Jr.
Fre ick County Administrator
BOS Res. #031 -12
COUNTY of FREDERICK
Department of Planning and Development
MEM 5401665 -5651
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l�' EM �J FAX: 5401665 -6395
To: Frederick County Board of Supervisors
r
From: Candice E. Perkins, AICP, Senior Planner I-
Sulbject: Discussion — Revisions to the RP (Residential Performance) Zoning District
Date: December 4, 2012
In an effort to update the Residential Performance (RP) Zoning District to ensure that the
requirements are: (1) easier to understand (format), (2) provide additional flexibility and housing
options, (3) is up -to -date with the current needs of the community, and (4) is in conformance
with the 2030 Comprehensive Plan, staff is proposing a number of changes. The proposed
Zoning Ordinance changes are to Part 402, which is the RP Zoning District, Part 203, which
contains the landscaping and buffering requirements and Parts 101 and 102, which contain
definitions and supplementary use regulations.
Staff' is seeking direction from the Board of Supervisors on these Zoning Ordinance text
amendments. Attached is a resolution directing the item to public hearing should the Board
deem it appropriate.
A summary of the primary changes are as follows:
Proposed Changes to Part 402 - Residential Performance RP Zoning District
!I ntroduction and District Regulations
* District Intent Revisions to the district intent to be in conformance with the goals of the
Comprehensive Plan.
* Permitted and Conditional Uses Minor revisions to the permitted and conditional uses
in the RP District to update the language and add public buildings as a permitted use and
museums as a conditional use.
* Density and Multifamily Housing. Revisions to the gross density and multifamily
housing requirements. This relocates the density from certain permitted housing types
located throughout Part 402 and centralizes them in one table, and shows the maximum
percentage of multifamily housing in the same table. Revisions also include eliminating
the multifamily percentage cap for apartments. The maximum density by acreage has
been increased.
* Open Space. Revision to the open space requirement for single family detached
traditional housing types, increase in the open space required. for development with a
mixture of housing types, and addition of an open space percentage for non residential
uses. Revisions to the waiver provision that allows for the addition of recreational
facilities in lieu of open space acreage. Revision to the recreational facility requirements
as requested by the Parks and Recreation Department.
107 North Kent Street, Suite 202 . Winchester, Virginia 22601.5000
Frederick County Board of Supervisors
RE: RP District
December 4, 2012
Page 2
Building Height. Addition of a maximum height for structures not currently listed under
the individual district requirements.
Proposed Changes to Part 402 - Residential Performance P Zoning District
(D imensional Requirements for Housing Types
• Addition of minimum setbacks for unroofed decks stops landin s and similar
features for all hou _sing__ es. Staff has seen a number of residential structures that are
constructed to the edge of building restriction lines (the structure takes up the entire
building envelope) and this precludes the construction of a deck or other similar feature.
This additional setback would allow additional area for the construction of these features.
• New Format for the Dimensional Re uirement for Housing The dimensional
requirements are proposed to be shown in a constant table format that is easier to read
than the numbered lists currently shown.
• Revisions to the requirements for single family detached cluster and small lot
housing types:
o Single Family Detached Cluster_ Changes — Elimination of the additional open
space requirement for this housing type due to the fact that this housing type
already has a higher open space requirement (25% minimum). Reduced front,
side and rear setbacks are also proposed.
o Single Family Small Lot — Addition of a reduced front setback for this housing
type when utilizing an alley.
• Elimination of Housing Types. Proposed elimination of the atrium house, duplex and
weak -link townhouse housing types. Atrium house and weak -link have never been
utilized since they were originally added to the Zoning Ordinance, and the duplex option
is repetitive because it can be accomplished under the single family small lot housing
type.
• Revisions to the re uirements for townhouses:
o Addition of a back -to -back townhouse option under the townhouse housing type.
o New minimum lot area.
o Addition of a side and rear setback and elimination of the perimeter setbacks.
o Different setbacks for units with or without garages.
o Increase in the maximum building height from 35 feet to 40 feet.
Revisions to the requirements for garden apartments:
• New description of the housing type. Elimination that the structure share a
common outside access to allow for the construction of a stacked flat type unit.
• Revised building spacing requirements.
• Increased building height — 40 feet to 55 feet to allow for the construction of a
maximum of four stories.
Addition of a multifamily residential building. Proposed new multifamily (apartment)
housing type that would only be permitted within areas designated by the Comprehensive
Plan as neighborhood villages, urban centers or other areas planned for high density
residential.
Proposed Changes to Part 203 and Landscaping
m Types of landscaping Revisions to include new plant types, removal of certain plants
and/or elimination of plants for specific landscaping uses.
Frederick County Board of Supervisors
RE: RP District
December 4, 2012
Page 3
• Planting Procedure. Provisions for the planting procedures and requirements for
landscaping.
• Residential Separation„ Buffers Complete revision to the required separation buffers
between various housing types. This revision includes the elimination of internal
separation buffers (for different housing types contained within the same development),
as well as revisions to simplify the requirements and make them easier to understand by
putting them in a table format.
• Road Efficiency, Buffers. Revisions to the road efficiency buffer requirements to show
the same buffer requirements that are required throughout the ordinance (full screen,
landscape screen). There is also a proposed addition to allow existing vegetation to be
utilized for road efficiency buffers.
Proposed Changes to Part 101 and 201- Definitions and Supplemental Use Regulations
Definition of Building He i ht. Revised definition that is more consistent with how staff
currently measures the height of a building.
® Definition of Multifamily
Dwelling. Revised definition for dwelling, multifamily.
Setback Requirements. Revision to the extensions into setback yards to remove
balconies, porches, stoops and decks as an extension because these were added into the
individual housing types (setbacks for unroofed decks, stoops, landings, and similar
features). Removal of weak -link townhouses from this provision.
These changes were presented to the Development Review and Regulations Committee (DRRC)
at their meetings on January 26, 2012 and March 22, 2012. The DRRC recommended a number
of changes that have been incorporated into the proposed revision. With those changes, the
DRRC recommended that this item be forwarded to the Planning Commission, and Board of
Supervisors for further review. These items were then presented to the Planning Commission
and the Board of Supervisors at a joint work session on May 10, 2012. At the work session, the
reasoning behind the proposed changes was discussed; however, the content was not and the
Board of Supervisors directed staff to take the amendments to the Planning Commission for
further discussion. The Planning Commission discussed these proposed changes on June 6,
2012; the Commission had no changes and forwarded the items to the Board of Supervisors for
Discussion. The changes were presented to the Board of Supervisors at a regular meeting on
July 25, 2012. At the meeting, the Board of Supervisors requested more time to review the
proposed changes and it was recommended that the item be scheduled for another work session.
The changes were presented to the Planning Commission and the Board of Supervisors at a work
session on November 14, 2012, and at the meeting the Board requested copies of staff s
presentation. On November 16, 2012 a memo from Eric Lawrence, the PowerPoint presentation
from the work session and additional copies of the proposed changes were emailed to the Board
of Supervisors.
Staff is seeking direction from the .Board of Supervisors on these Zoning Ordinance text
amendments. Attached is a resolution directing the item to public hearing should the Board deem it
appropriate. Please contact staff if you need additional copies of the revised text.
Attachments: 1. Resolution
CEP/bad