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January 23 2013 Regular Meeting Minutes��4 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, January 23, 2013, at 7:44 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Christopher E. Collins; Charles S. DeHaven, Jr.; Bill M. Ewing; and Gary A. Lofton. ABSENT Gene E. Fisher and Gainesboro District Seat (Vacant). CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Collins delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. OPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised there were no additions to the agenda. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Absent Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following item for the Board's consideration under the consent agenda: - Parks and Recreation Commission Report —Tab E. Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Absent Minute Book Number 38 Board of Supervisors Regular Meeting of U1123/I3 205 Gary A. Lofton Aye CITIZEN COMMENTS Jay Marts, Gainesboro District, read the following statement: "Chairman Shickle � Members of the Board: Happy New Year. As you might guess I am here to once again repeat myself. A continuing mantra of fiscal responsibility &lower taxes. Despite continued public comment numerous petitions &citizen input there seems to be no movement from the Board nor explanation as to why you have not returned or reduced our property tax rate back to ,$0. S4S where it was last year after the large budget surplus. I would imagine most every citizen in the County received a smaller paycheck in this New Year because of the fiscal mismanagement of the Federal Government. I will bet that the outcome of the current General Assembly session leads to higher taxes, even though we have had a surplus the last three years. It appears, in the Commonwealth, we have a surplus, we spend it &then the Legislators &Special Interest complain we aren't spending enough. Transportation seems to be the afflicted sector this session. Please do not emulate this behavior. I attended the School Board meeting last week &heard the professional presentation delivered by Dr. Sovine. He makes a compelling case far the ,$7.1 M increase in the school budget. Frederick County should be pleased with his selection as Superintendent. He is good far the Public School System &the proper advocate. However, as best I can tell this is the largest budget increase ever requested: All for salary increases. I am befuddled that after spending $20 M for a new Transportation Facility, which was a Number #1 priority, for past few years we can find no money in the budget for the buses, even with a surplus. I would ask you to give this budget property scrutiny. Most of the statistics and charts presented to the public, provide comparisons back to 2009. Please look back a little further � I think you will see the large increase in funds &the small increase in student population. I believe the County Government is accountable to the taxpayer. We entrust our children to you c� we deserve a good education for a fair price, like all government services. Thank you for the opportunity to address the board. " Joy Kirk, President of the Frederick County Education Association and resident of the Back Creek District, expressed her support for Dr. Sovine and the Frederick County Public School Board for their care of the employees. She thanked the Board of Supervisors for working with Frederick County Public Schools. She also thanked the Board for the onetime bonus that was given in November. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Vice- Chairman Ewing, seconded by Supervisor Lofton, the Board approved the minutes from the Tanuary 9, 2013 meeting. The above oration was approved by the following recorded vote: Richard C. Shickle Aye Bi11 M. Ewing Aye Christopher E. Collins Aye Minute Book Number 38 Board of Supervisors Regular Meeting of O1I23/13 2061 Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Absent Gary A, Lofton Aye COUNTY OFFICIALS EMPLOYEE OF THE MONTH — (RESOLUTION #039 -13} - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board � approved the maintenance team of Barbara A. Kline, Tina C. Renner, and Stephen E. Richman as Employees of the Month for January 2013. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a mast iznporiant resource; and WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and WHEREAS, a team of Maintenance Employees who serve the Frederick County North Kent Street Building were nominated for Employee of the Month; and WHEREAS, loyalty and commitment along with countless hours of labor helped to control and limit severe amounts of water damage inflicted upon the North Kent Street Building as a result of Hurricane Sandy. Without the team effort from Barbara A. Kline, Tina C. Renner, and Stephen E. Richman, the total cost of repairs to the building and equipment would have been much more severe. This team went above and beyond expectations as they stayed throughout the night to continually move equipment and use Shop -Vacs and carpet cleaning equipment izi an effort to keep up with the incoming water. This team is to be commended for their initiative and dedication. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors this 23`d day of January, 2013 that Maintenance Team is hereby recognized as the Frederick County Employees of the Month for January 2013; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its gratitude to the team for their outstanding performance and dedicated service and wishes them continued success in future endeavors; and BE IT FURTHER RESOLVED that each employee of this team is hereby entitled to all of the rights and privileges associated with this award. The above motion was approved by the following recorded vote: Richard C. 5hickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Absent Gary A. Lofton Aye CHAIRMAN'S CITIZEN COMMITTEE ASSIGNMENTS FOR 2013 Chairman Shickle informed the board that he was still working with the chairmen of the j various committees regarding the appointment of citizen members. He advised that he had � appointed Dorrie Green as a citizen member to the HR Committee. Minute Book ]Number 38 Board of Supervisors Regular Meeting of 01/23/13 207 COMMITTEE APPOINTMENTS There were no committee appointments. REQUEST FROM COMMISSIONER OF THE REVENUE FOR REFUND — APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue for a refund to Luck Stone Corporation in the amount of $4,502,99 for a refund of personal property vehicular tax for 2009 -2012 and registration fees on two vehicles that were duplicated in two jurisdictions. These vehicles were used very temporarily in Frederick County, but were registered and housed in another jurisdiction. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Collins, the Board approved the refund request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Absent Gary A. Lofton Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on January 8, 2013. Members present were: Marty Cybulski, Charles Sandy, Jr., Ronald Madagan, Patrick Anderson, and Gary Longerbeam. Members absent were: Ron Hodgson, Kevin Anderson, and Christopher Collins. Items Re uirin Board of Su ervisors Action: 1. None Submitted for Board Information Only: 1. Election of Chai erp_rson -- Mr. Longerbeam moved to nominate Mr. Marty Cybulski as Chairperson, second by Mr. Anderson, motion carried unanimously (5 -0). 2. Election of Vice - Chairperson — Mr. Patrick Anderson moved to nominate Mr. Gary Langerbeam as Vice - Chairperson, second by Mr. Cybulski, motion carried unanimously (5 -0). 3. Meetin Date Time and Place — Mr. Madagan moved to continue meeting on the 2na Tuesday of each month at 7:00 PM and alternate the meeting place so each Community Center and Park governed by the Parks and Recreation Department be used once per year and remainder of meetings, be scheduled at the Frederick County Administration Building, second by Mr, Patrick Anderson, motion carried unanimously {5 -0). 4. FoundationlReserye Fund — Mr. Sandy moved to postpone the approval of the Reserve Fund so more questions could be answered about the use of the monies in the Reserve Fund, second by Mr. Madagan, motion carried unanimously (5 -0). Minute Souk Number 38 13oard of Supervisors Regular Meetiug of 01/23/13 �. 5. Commission Annual Report — Mr. Sandy moved to approve the Commission Annual Report as submitted, second by Mr. Patrick Anderson, motion carried unanimously (5 -0). Please find report attached for your review. FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, January 16, 2013 at 8:00 a.m. Member Stephen Swiger was absent. 1. The Sheriff requests a General Fund supplemental appropriation in the amount of $30,�0�000 for overtime costs. Local funds are required. See attached -memo, p. 4. The committee recommends approval of $100,000. -- Approved Appropriation of $100,000, Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request in the amount of $100,000. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Absent Gary A. Lofton � Aye 2. The IT Director requests a General Fund supplemental appropriation in the amount of $25,000. This .amount represents a Virginia Department of Housing and Community Development grant to complete a Community Telecommunications Plan. No local funds required. See attached information, p. 5 -I0. The committee recommends approval. — Approved. Upon a motion by Vice- Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Absent Gary A. Lofton Aye 3. The iT Director requests approval of a new phone system for the NRADC, Public Safety Building, and County Administration Building. Total cost of the project is $650,000. Approval of the project will require a General Fund supplemental appropriation in the amount of $S 17.400 (includes General Fund portion of NRADC costs and a NRADC Fund supplemental appropriation in the amount of $221,000. The IT Committee has approved this request. Local funds are required. See attached information, p. 11 -15. The committee recommends approval. Additional information requested by the committee included, p. 16 -24. _Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following- recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Minute Book Number 38 Board of Supervisors Regular Meeting of 01!23!73 209 Gene E. Fisher Absent Gary A. Lofton Aye 4. The Public Works Director requests a General Fund supplemental appropriation in the amount of $452,347 for the design of the new Round Hill Fire and Rescue Station and Social Hall. The Public Works Committee has approved this request. Local funds are required. See attached information, p. 25 -53. The committee postpones the item awaiting further information. 5. The Fire &Rescue Chief provides additional information, as requested, on the Revenue Recovery Program. See attached information, p. 54 -66. The committee recommends approval. —Voted to Hold Work Session with Members of the Revenue Recovery Working Group Vice - Chairman Ewing moved to approve the above request. The motion was seconded by Supervisor Collins. Administrator Riley advised the Fire &Rescue Association was not ready for this proposal to move forward just yet. He noted there was a need to define debt service because the companies would like to have the ability to buy and replace equipment related to this program. He suggested possibly having a work session with the working group and the board to work out these final details. Chairman Shickle stated perhaps a work session would be appropriate. Vice - Chairman Ewing withdrew his motion. Supervisor Collins withdrew his second. The Board's consensus was to hold a work session on this topic. Supervisor DeHaven asked that both groups work very hard on the definitions. Vice�Chairman Ewing hoped the meeting could be held soon. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Collins, the Board voted to hold a work session with members of the Revenue Recovery working group. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, J`r. Aye Gainesboro District Vacant Gene E. Fisher Absent Gary A. Lofton Aye 6. The Finance Committee Chairman presents a memo concerning the FY 2014 budget and the Finance Director provides a draft budget calendar. See attached information, p. 67 -70. No action required. ** *Information Qnly * ** 1. The Finance Director provides a Fund 10 Transfer report for December 2012. See attached, p. 71. Minute Book Number 3$ Board of supervisors Regular Meeting of 01/23/13 210 2. The Finance Director provides 12/31/12 financial statements. See attached, p. 72 -82. 3. The Finance Director provides 1111113 General Fund fund balance report. See attached, p. $3. PLANNING COMMISSION BUSINESS PUBLIC HEARING - 2013 -2014 CAPITAL IMPROVEMENT PLAN CIP . THE CIP IS A PRIORITIZED LIST OF CAPITAL __PROJECTS REQUESTED BY VARIOUS COUNTY DEPARTMENTS AND AGENCIES. THE PLAN IS CREATED AS AN INFORMATIQNAL DOCUMENT TO ASSIST IN THE DEVE_LO_ PMENT OF THE COUNTY'S ANNUAL BUDGET. IF ADOPTED, THE CIP IS A COMPONENT OF THE 2030 COMPREHENSIVE PLAN. (RESOLUTION #040 -13) - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a public hearing for the 2013 -2014 Capital Improvement Plan. This year's document contains 86 projects. He noted the plan conforms to the Comprehensive Plan and the Planning Commission recommended approval. Chairman Shickle convened the public hearing. Jay Marts, Gainesboro District, read the follovaing statement: "Wow, 86 projects totaling $923 million for capital improvements. I will say the Planning Commission &Departments do good, detailed work in outlining plans far the two -five &ten year windows going forward. Frederick County Public Schools Projects: I reviewed the CIP &read an article in the paper that outlined some of the requirements for the Frederick County Middle School (Priority #.1). I am perplexed by one aspect of this project. I do not understand why the County c� School Board cannot determine what to do with existing, to be excess, property until the next big construction project is complete. We seem to have several examples of this. The Stephens City School, the Gainesbora School, the Indian Hollow Transportation Facility &now the Middle School. It would seem to me that if there is no longer aneed /requirement for these buildings, we would strive to get the structure & property back into the private sector as opposed to leaving it unused & vacant. If returned to the citizens or business community it would most likely generate tax revenue. I would ask that you actively plan for excess property disposition as enthusiastically as you do for new projects. Parks &Recreation: There appears to be many great projects. I would ask that, going forward, user fees, grants � donations become a larger source of revenue for these projects. Handley Regional Literary Projects; As I mentioned with Parks & Rec, I would hope we could look at user fees, grants &donations to begin funding these proposals. Additionally, perhaps we could couple any new construction with proposals from the School Board. Perhaps consider combining school libraries with these library projects. In fact, let's get Parks &Rec in this discussion as well. !! Fire &Rescue Projects: My only comment in this area has to do with increased government involvement in what has been a volrsnteer centered organization. I worry that with the County funding more construction &the "Fee for Service " proposal, using the revenue to add additional salaried employees, we will eventually diminish the community involvement. Government encroachment usually has unintended consequences. Thank you for the opportunity to address the board. " There being no further public comments, Chairman Shickle closed the public hearing. Minute Book Number 38 Board of Supervisors Regular Meeting of O1I23113 211 Upon a motion by Supervisor Collins, seconded by Vice - Chairman Ewing, the Board approved the 2013 -2014 Capital Improvements Plan. WHEREAS, the Frederick County Planning Commission held a public hearing on this proposed 2013 -2014 Capital Improvements Plan (CIP) for Frederick County on January 2, 2013; and WHEREAS, the Frederick County Planning Commission recommended approval of this plan at their regular meeting on January 2, 2013 and determined that the projects contained in the Capital Improvements Plan (CIP} conforms to the Frederick County Comprehensive Policy Plan; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this plan during their regular meeting on January 23, 2013; and WHEREAS, the Frederick County Board of Supervisors supports the priorities for capital expenditures contained in the Capital Improvements Plan {CIP) and has aiFirmed the determination of the Planning Commission that the projects contained in the Capital Improvements Plan (CIP) conform to the Frederick County Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby approves the 2013 -2014 Capital Improvements Plan (CIP) for Frederick County, Virginia as an element of the Comprehensive Policy Plan. Passed this 23`d day of January, 2013 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesbaro District Vacant Gene E. Fisher Absent Gary A. Lofton Aye PUBLIC HEARING - ORDINANCE AMENDMENT — CHAPTER 1.65 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 RE UIREMENTS 165- 402.08 RECREATION FACILITIES 1.65- 402.09 DIMENSIONAL RE UIREMENTS PARKING BUFFERS AND REGULATIONS FOR SPECIFIC USES PART 203 BUFFERS AND LANDSCAPING 165 - 203.01. LANDSCAPING RE UIREMENTS 165 - 203.02 BUFFER AND SCREENING RE UIREMENTS PART 201 SUPPLEMENTARY USE REGULATIONS 165 - 201.02 SETBACK RE UIREMENTS• ARTICLE • I GENERAL PROVISIONS AMENDMENTS AND CONDITIONAL USE PERMITS PART 1.01 GENERAL PROVISIONS 165- 1.01.02 DEFINITIONS AND WORD USAGE — PROPOSED REVISIONS TO UPDATE THE RESIDENTIAL PERFORMANCE RP ZONING DISTRICT. - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a public hearing on proposed amendments to the Residential Performance (RP} Zoning District. This proposal would make the ordinance easier to understand, provide additional flexibility and housing options, bring it up- to�date with the current needs of the Minute Book Number 3$ Board of Supervisors Regular Meeting of 41/23/13 2�2 community, and conform to the 203D Comprehensive Plan. She briefly reviewed the proposed changes. She noted the following letter of support was presented for the record. "January 16, 2013 Frederick County Board of Supervisors Attu: County Administration Office 107 N. Kent Street Winchester, VA 22601 RE: Frederick County Zoning Ordinance Part 402 Amendments Dear Board of Supervisors Members: Arcadia Communities, Inc. are the owners and developers of the Fieldstone and Southern Hills projects in Frederick County and have enjoyed working with you to provide quality housing opportunities far our community. Our company continuously works with your staff and other professionals within Frederick County to ensure that we understand the planning objectives and design regulations, which guide this type of development. I have been actively involved in the process pertaining to the proposed Part 402, Residential Performance District amendments that are scheduled far public hearing at your January 23, 2013 meeting. I have discussed these amendments with your staff and believe that these new regulations are a positive step in implementing the goals and objectives of your Comprehensive Plan. The increase in densities provide a more efficient use of land within the Urban Development Area, and the provision of greater design ,flexibility with structural heights and setbacks allows for improvements to residential product types that will provide more choices to homeowners within this portion of the community. Arcadia fully supports the proposed amendments to Part 402, Residential Performance District of the Zoning Ordinance and respectfully requests their approval by the Board of Supervisors. Sincerely, Carla E. Coffey Director of Land Development Arcadia Communities, Inc. " Senior Planner Perkins concluded by saying the Planning Commission recommended approval of the proposed ordinance changes. Chairman Shickle convened the public hearing. Evan Wyatt, Crreenway Engineering, advised that his firm worked with many developers in the building industry and they believed this proposed ordinance was good. He noted there were a lot of positive things in the proposed ordinance and his clients were supportive. There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Collins, the Board approved the ordinance amending the Frederick County Code, 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 Minute Book Number 38 Board of Supervisors Regular Meeting of 01/23/13 �� Resiricted, 165 - 402.05 Gross Density, 165- 402.Ob Multifamily Housing, 16- 402.07 Open Space Requirements, 165 - 402.08 Recreation Facilities, 165- 402.09 Dimensional Requirements, 165- 402.10 Phased Development; Article Il 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, Fart 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 Ward Usage. WHEREAS, an ordinance to amend Chapter 165 Zoning concerning revisions to the RP {Residential Performance) Zoning District was considered. WHEREAS, the Planning Commission held a public hearing on this ordinance on January 2, 2013; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on January 23, 2013; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NO�'V, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 16S Zoning, is amended as set forth in the heading of this Resolution. This amendment shall be in effect on the day of .adoption. Part 402 – RP Residential Performance District § 165- 402.01 Intent. A. �s-Part 402 is intended to provide for a compatible mixture of quality residential pausing es within the Urban Develo ment Area consistent with i�ple� the residential land use policies of the Comprehensive Plan .The plan identifies f basic land use characteristics which are to be encouraged: (1) Efficient land use patterns that create high quality neighborliaods, that are attractive and pedestrian orienter� �� (2) Densities that romote a com act and a acient use o land. (3) Reduced housing and public faciliiy costs. (4) Energy efficient housing and housing patterns. (S) Sustainable and environmentally sensitive land use. B. Within this Part 402, a number of general performance requirements are identified. When a housing development has satisfied these requirements, this Part 402 is intended to provide a large degree of flexibility in development and housing design. This design process is accomplished through a master development plan which is designed in cooperation with the County staff and Planning Commission and adopted by the Board of Supervisors. The layout, phasing, density and intensity of a development is determined through the adoption of the master plan by the Planning Commission and the Board of Supervisors. C. It is the intent of this Part 402 to allow a mixture of housing types on the land within an approved master development plan. Within this Part 402, the permitted ��' *xr= development percentages and densities or all housin es are identified. Mul- tidily �d�e� °�= —The preliminary master development plan shall specify the amount and percentages of all proposed housing types. The preliminary master development plan requires specific approval of the Planning Commission and the Board of Supervisors. D. While a mixture of housing types is allowed on a site, the intent is to use the master development plan and the other Article regulations to place the different housing types on the Minute Book Number 38 Board of Supervisors Regular Meeting of Oi123/13 214 site in a way that will protect the living environment of the new residents and #existing residential land uses It is the intention of this Part 402 to ingrate new residential developments with existing residential developments and to ensure that different residential developments are properly screened from one another while still creating a sense of community and while providing far a variety of housing options., . This Part 402 attempts to encourage the provision of some amenities through density bonuses which are intended to enhance the development without increasing housing costs. E. Streets shall be provided in new developments to continue existing and planned street patterns and in conformance with the Comprehensive Plan, �` °•�-�*�� *'�,,...,,,�,- "r.,..° r' °� ° „�' as well as any road improvement plans where appropriate and where necessa to achieve an interconnected street system. ^ a�, °r °° � ° ^ *r ^ ;r�;.,� � °Y °r„�.,.... °�,�r �i.nry �,° 9.-. � °a. .. a � a .s��t�ent�- areas- �k� "�- a�o�e� Streets and rights -oi way in proposed developments, intended to be developed in the future, shall be clearly designated to take into account future development as indicated in the Comprehensive Plan. F. In those sections of this Part 402 where discretion is given to the Zoning Administrator er , that discretion shall be exercised with this statement of intent as the primary guide for action. § 165 - 402.02 Permitted uses. A. All uses shall be developed in accordance with an approved master development plan unless otherwise waived under Article VIII of this chapter. B. :Structures and land shall be used for one of the following uses: (1) All residential housing types specified in Part 402.09. ^ „_° „r +'�° � ” °�•��- r .,:a °� *��' • � a a {2) Schools and churches. (3) Fire stations and companies and rescue squads. {4) Group homes. (5) Home occupations. {6) T rf Utili distribution acilities necessary to serve residential uses, including, but not limited to, poles, lines, distribution transformers, pipes and meters. (7} Accessory uses and structures. Accessory structures attached to the main structure shall be considered part of the main structure. Mobile homes and trailers, as defined, shall not be c� permitted as accessory structures or buildings. {8} Required or bonus recreational facilities; and public or private parks, neighborhood ap rks, playgrounds, or other non - commercial recreational facilities. {9} Business signs associated with schools, churches, fires stations and companies and rescue squads, recreational facilities, public parks, playgrounds, and libraries. {10) Temporary model homes used for sale of properties in a residential development. {11) Libraries. (I21 Public Buildings {�} ��Residential subdivision identification signs. {� _Signs allowed in § 165- 201.06B. § 155 - 402.03 Conditional uses. Uses and associated signs permitted with a conditional use permit shall 6e as follows: A. Convalescent and nursing homes and adult care residences and assisted living care facilities. B. Cottage occupations, as defined. C. Nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities, with an approved site plan, meeting the requirements of this chapter and with the following conditions: (1) All principal activities shall take place entirely within an enclosed structure. Minute Book Number 38 Board of supervisors Regular Meeting of 01/23/13 2�5 (2) All outdoor facilities shall be incidental to the principal facility or activity. (3) No facility or activity shall be erected or conducted less than 30 feet from any residential district or area within other districts which are predominantly residential in nature. D. Day -care facilities. E. Rooming houses, boardinghouses and tourist homes. li. Veterinary offices, veterinary clinics or veterinary hospitals, excluding boarding of animals for nonmedical purposes. G. Museums § 165- 402.04 Number of uses restricted. More than one principal structure or use and its customary accessory structures ar uses are permitted in the RP Residential Performance District for duPlex�s; multiplexes, � , garden apartments, multi anvil residential buildin s and age - restricted multifamily housing. § 165- 402.D5 Gross density and Multi anvil Housint'• A gross density shall be established for each proposed development, including all land contained within a single master development plan, according to the characteristics of the land, the capacity of public facilities and roads and the nature of surrounding uses. Because of these characteristics, some developments may not be allowed to employ the maximum density allowed by these regulations. The fallowing density requirements shall apply to all parcels as they exist at the time of the adoption of this section: A. Subsequent divisions of land shall not increase the allowed density on parcels of land. B. In no case shall the rass densi and maximum ercenta e o multi anvil housin a an develo ment within an a roved master develo ment lan exceed the densities and ercenta es set arth in the ollowin table: ... _ Multi anvil Residential Buildin s and A e 20 Units /Acre Restricted Multi anvil excludin arden 0 -IO -JU acres ®� +acres 10 UnitslAcre 10 Units /Acre 100% IOG N/� 10 UnitslAcre 10�% 6 Units /Acre 100% 6 Units /Acre 6�: 6 Units /Acre 50% C. Within develo menu utilizin Trans enable Develo ment Ri hts the maximum rass residential densi or the develo ment shall be determined in 165- 302.03H. § 165 - 402.06 Phased development. { ** *Relocated from § 165402.10} A. The developer /subdivider is permitted to construct the subdivision in phases or sections as long as: (1) A11 sections are indicated on the master development plan and are of a size and at such a location that they constitute economically sound increments of development. Minute Book Number 38 Board of Supervisors Regular Meeting of 01/23/13 �� (2) Common recreational facilities and improvements and other improvements indicated for any phase section are required to be started not later than when that section reaches fifty - percent occupancy and are required to be complete by the time that section reaches sixty - percent occupancy. (3) Provisions shall be made to incorporate all phases or sections of the planned development under one homeowners' association/corporation. B. In order to provide sufficient, safe access, the Planning Commission and the Board o Supervisors may require that the phases be arranged so that essential street entrances to the development are provided in the initial phases of the development. ' � �. 0 L,,. .r +. ° I 0 § 165 - 402.07 Open space requirements. A. A minimum percentage of the grass area of any proposed development shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the development. Such open space shall be dedicated to a property owners association or to Frederick County. Open space shall be dedicated to Frederick County only with the approval of the Board of Supervisors. The Board o Supervisors may allow public libraries and public schools to be located within areas designated as common open space, provided that the proposed facilities are indicated an the :original master development plan for the residential development. During the review of the master development plan, the Board of Supervisors shall ensuxe that the location of a proposed public library or public school is appropriate and that adequate buffers, screening and access are provided to prevent negative impacts to adjoining residential uses. Public libraries and public schools shall be dedicated to Frederick County. Developments which contain any of the following housing types shall provide open space as specified below: .� a �� _ �:� �� m b r � E•. - �O ��pa�:e �Pe�c� Developments containing only single - family detached �l--e� 0 t�ti4nal rural traditional housing Developments containing only single - family traditional or detached 15% urban housing Developments in which no less than GO% of the dwellings are single- 1 S�0/�20% family detached traditional housing mixed with any other housing types Developments containing only single - family detached cluster or a 25% mixture ofsingle- family detached cluster and urban housing Single - family small lot housing 30% All other residential developments 30% Non Residential Uses (minimum landscaped area) .l5% B. No more than 50% of the required open space shall be within the following environmental areas: lakes and ponds, ood lain, wetlands or steep slopes. The Administrator, upon Minute Book Number 38 Board of Supervisors Regular Meeting of U1/23113 2�� recommendation by the Planning Commission, may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan to make these areas useful. C. In developments containing only single- family detached urban housing or single- family detached urban housing mixed with single - family detached traditional housing, the required open space may be waived by the Board of Supervisors. The open space requirement shall only be waived when the required open space is less than one acre. Such waiver shall not include open space provided to meet environmental requirements. D. The minimum required open space percentages provided in § 165- 402.07A of this chapter may be ,reduced for residential developments which provide for active recreational areas and amenities, upon the granting of an open space waiver issued by the Board of Supervisors. In na case shall the required open space (per § 165- 402.07A) be reduced more than 75% for single- family detached housing types (excluding single family small lot), and no more than SO% �a for all other residential housing Types and mixtures. Active recreational areas and amenities shall be incorporated within the development's common open space and be for the use of and maintained by the subject development's property owner's association. The active recreational area and amenity value shall be equivalent to the value of one feu recreational units for each 30 dwelling units. The active recreational area and amenity value and design shall be approved by the �ierr Zo" nin,� Administrator in conjunction with the Director of Parks and Recreation. These open space active recreational areas and amenities shall be in addition to the minimum recreational facilities identified in § 165- 402.08. The gross density requirements as required in §§ 165 - 402.05 and 165 - 402.06 shall not be exceeded through the reduction of common open space. Requests for an open space reduction waiver would be considered by fine Board of Supervisors during the master development plan process. Acceptance of the reduced open space request will be based on the quality of the open space and the recreational amenities provided. § 1b5- 402.08 Recreation facilities. A. Sin le- anvil small lot Multi lex Townhouse Back -to -back Townhouse Garden A artment and Multi anvil Buildin housin es��i�n f.,, -, °n -t� *� � °* � °�' � °�� *� °� `,000 �gnai�— ��sha11 provide the following recreational units or equivalent recreational facilities, for each 30 dwelling units. All such developments shall contain at least one such recreational unit. In addition, developments containing single - family small lot housing shall provide a community center that provides for the equivalent of three age - appropriate recreational units for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible and centrally located to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Zoning Administrator in conjunction with the Department of Parks and Recreation, using the following recreational unit as a guideline. The design of such facilities shall be approved at the time of site plan review. {1 }The Board of Supervisors may provide a waiver far the community center requirement specified in § 165- 402.08A in single - family small lot subdivisions that contain less than 25 lots. This waiver may be requested by the applicant during the consideration of the subdivision design plan if no master development plan is required. The applicant is required to demonstrate haw an equivalent recreational value of three recreational units for each 30 dwelling units, prorated, is being provided within the project, fo the County, or a combination of bath as a condition of requesting approval of a waiver by the Board of Supervisors. B. A recreational unit is designed to meet the recreational needs of 30 dwelling units. The units maybe broken into smaller units or added together to meet the needs of the total development. An example recreational unit shall be as follows: (1) q'�et: Play� round: ' Com osite la s stem or school a e children with a minimum o $ la eatures and one swing set. Minute Book Number 38 Board of supervisors Regular Meeting of 01!23113 2�8 �� 7 -A'Ct �F�Llrcn+� + 1- ,:r.l� it �.o„t�.\ , �'1� Deck hei�his reaching at least 5' Minimum 2 � 2 -S year old play features Minimum I � Slides Minimum I � Climbing features Minimum I � Overhead eatures Minimum I � Tunnels Minimum I � Play panels Minimum I I Swims (8 feet, hix7h, 2 seats) (2) Or any •recreational facilities o_f egui_valent monetary value which may include�g: (a) Swimming pools. (b) Tennis -ee��, hasketbatl or multi Jrurpose courts. (c) .Multi -use trails. (d) Athletic fields, {e} Picnic shelters which shall in_ elude picnic tables, trash receptacles, and areas for outdoor cookie {f) Community center. (g) Other recreational facilities. Minute Book Number 38 Board of Supervisors Reguiar Meeting of 01/23/13 219 § 165 - 402.09 Dimensional requirements. The following dimensional requirements shall be met by uses in the RP Residential Performance District. The Zoning Administrator shall make the final determination as to the classification of housing types. Unless otherwise specified, all housing types shall be served by public sewer and water. L. Height for other uses. The height for alt other uses nat otherwise specified shall not exceed 45 feet. M. Setbacks for accessory structures. Accessory structures shall be set back from all property lines a minimum of five feet, except for uses with a required enclosed yard. N. Setbacks for other uses. The following setbacks shall apply to uses not otherwise specified: (l } Front setback shall be 3 5 feet. {2} Side setbacks shall be 15 feet. (3} Rear setback shall be 50 feet. O. Setbacks from business and industrial uses. All proposed structures shall be set back 50 feet from the boundary of land zoned for business or industrial uses or land currently containing business or industrial uses. P. Pipestem lots. The use of pipestem lots is permitted far single - family detached traditional, single- farxxily detached urban and single - family detached cluster loft types, if all of the following design requirements are met: (1) The total number of pipestem lots in a residential development may not exceed 5% of the total number of lots. (2) Pipestem lots shall have a minimum road frontage of 20 feet. (3) Pipestem Iot driveways shall access only one lot. (4) Minimum yards shall be as follows: (a) Front, side and rear yards: 20 feet. (b) Accessory buildings: 20 feet. (c) Side yard of lots adjoining pipestem driveway yard: 15 feet. (5) Pipestem Iot driveways shall not adjoin other pipestem driveways. (6) Unless specified differently above, pipestem Iots shall comply with all other regulations of the Frederick County Zoning and Subdivision Ordinances. - - ;. ' i r ' i' i i � - i - i V ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 402 -- RP Residential Performance District § 165 - 402.09 Dimensional requirements. The following dimensional requirements shall be met by uses in the RP Residential Performance District. The Zoning Administrator shall make the final determination as to the classification of housing types. Unless otherwise specified, all housing types shall be served by public sewer and water. A. Single- family detached rural traditional. ^ ";,a..g�� £ ,�,;rYr ��f.,,,�,oa rn� �-- ��- �� *�� -�� restd•ei�e" �e This dwelling tVne consists of a fulli� rletaehed, large -lot single - family Minute Book Number 38 Board of Supervisors Regular Meeting of 01/23/13 220 residence on an individual lot with private yards on all four sides, without public sewer and water. Dimensional requirements shall be as follows: /'�\ Tif;,..;,,.,,,r, -, , .,,..7� �l -,.,11 1„0 .,n F 11�„ :rte• Co +l..,.,1� !- ,•.,. -., +l,v ,. .,rl ,..'1,+ �,4� „rn,r• �,(1 fort i�7�91��' b�til- tA- 1�3c>•3�Ep��t36�ssh�tA -� puare..i �+vr wii �. fl__G�l TK.,, : ,„ 1,,,;1,7;, -..t l,o;..l�,+ rb,�ll_1.�, .,� F 11.,,,.x• VY �]: � T' - "'l evv�] 1D'r�O�OTGGr B. Single- family detached traditional_, " • " This dwelling type consists of a fully detached, large -lot single - family residence with private yards an all four sides without required common open space. Dimensional requirements shall be as}ollows: 1. i�� - 1 E 1 I � 1/ 1 1 � _ _ Minute Book Number 38 Board of Supervisors Regular Meeting of 41/23/13 Al Minimum lot area 100,000 square feet AZ Minimum lot depth to width ratio 1;3 ,... . em x � it ��pp� :. � x' :�:.W .....�.�, m_....��r�._Y�.z� i.y. -' ,..,... r.�i.;.;.r� D 61 From road right -of -way 50 feet 62 Side 15 feet S3 Rear 50 feet .. - �. t� S��l��es fps i�t�rdafed�! ks�_.stau , � [airadl� , -;� � mii��_e ._ CI Front from road right -of- -way 50 eet C2 Side 1Q eet C3 Rear 35 eet � _ t�i77 � t� �� - � ��. ::, �._ : ,�� ~ m .�.� D1 Required off street parking 2 per unit �.. E1 Principal Building jmax) 35 feet EZ Accessary Building (max) 20 feet B. Single- family detached traditional_, " • " This dwelling type consists of a fully detached, large -lot single - family residence with private yards an all four sides without required common open space. Dimensional requirements shall be as}ollows: 1. i�� - 1 E 1 I � 1/ 1 1 � _ _ Minute Book Number 38 Board of Supervisors Regular Meeting of 41/23/13 221 � Al Minimum lot area � 15,004 square feet � A2 Minimum lot width at setback 80 feet B1 From road right -of -way 35 feet BZ Side 10 feet B3 Rear 25 feet 5 eet D1 Required off street parking � 2 per unit F1 Principal Building (max) 35 feet F2 Accessory Building (max) 20 feet C. Single- fa�nil�etached urban. " ' This dwellin a consists o a ull detached single- family residence on an individual lot with private yards on all four sides. Dimensional requirements shall be as follows: i�� i ._ �, � � � � -- ,. �� _ � - :. � _ Al Minimum lot area 12,000 square feet A2 Minimum iot width at setback 70 feet A3 Minimum lot width at road right -of- 40 feet B1 From road right -of -way 35 feet 62 Side 10 feet B3 Rear 25 feet Rear D1 Required off street parking � 2 per unit E1 Principal Building (max) 35 feet E2 Accessory Building (max) 20 feet D. Single - family detached_cluster. " ' " This dwellin a consists o a ull detached, single- family residence on an individual lot, with private yards on all four sides. . i - r - - - -- --- --'' -- "_ — "'Y aa...a...� ..a. -..� .,......� vv u iiiiaixaai�.uia vv [ua � , � � Minute Book Number 38 Board of Supervisors Regular Meeting of 01/23/13 222 . Dimensional requirements shall be as follows: Note: SF Cluster already has a higher open space requirement than SF urban (25% v I5 %) and therefore this housing type (w /o restrictions} shau2d fall between the two] / .... / � ... I If 8,000 square feet i � s 1 I l 1 � � 1 I — _ 1 I � � ■ � 30 feet V` �.A:1.1.14��fsis�. M �hT'"�'�� f �z" �5^ _ T4. _ .. _. �F W rte; Al Minimum lot area 8,000 square feet A2 Minimum lot width at setback 60 feet A3 Minimum Iot width at road right -of- 30 feet way 61 From road right -af -way ZS eet 62 Side 8 eet 63 Rear 2Q eet w .. <, � a lac �v'unr..:�d �e�s, st�?��laa�td5'ar� �. _ . "ml r�fea�� _.-` CI Front from road right -of way 1S eet C2 Side 5 eet C3 Rear 1Q eet .; � ......._ ._�. .._..� __ m .rv. D1 Required off street parking 2 per unit -..: � a E1 Principal Building (max} 35 feet E2 Accessory Building (maxJ 24 feet E. Single- family detached zero iot line. ^ "��'° � ��'� a ° *� °" °a �° � '�* '��° r �� °rn °" � This dwellin a consists o a ull detached, single - family residence on an individual lot. The building is set on one of the side property lines, with a maintenance easement on the adjoining lot. Dimensional requirements shall be as follows: �� . r r 1 I � i 1 1 1 I 1/ 1 I Y 1 v 1 I a � W � s _ - V� I� Minute Boak Number 38 Board of Supervisors Reguiar Meeting of 01/23/13 223 I Al Minimum lot area 1 6,000 square feet B1 Frvm road right -of -way 25 feet B2 Minimum on -site building spacing (side) 25 feet B3 Rear 25 feet C1 l=ront from road right -of- -way 15 ee# C2 Side 20 eet C3 Rear 15 feet b1 Required off street parking 2 per unit 'He�ghx�� w M -� ..� _ - � _. _, �.. �... vim _, -=x_� .. �. __._ �. �,�.- �.._ _- E1 Principal Building (max) 35 feet E2 Accessory Building (max) 20 feet F1 A maintenance easement of 10 feet in width must be obtained on the lot adjacent to the zero lot line side. F2 The opposite side yard must be maintained clear of any obstructions other than athree -foot eaves encroachment, swimming pools, normal landscaping, removable patio covers extending no more than five feet or garden walls or fences. In no case shall any encroachment o #her than a fence be laced within there wired maintenance easemen#. F3 The zero lot line side must not be adjacent to a road right F. Single - family small loi. �' '° � w,;l -� � .,11 1 �e;�g•- �hall�e ---a This dwelling type consists of asingle- family detached or attached residence on an individual lot. No more than two units may ha attached together. ?'he llltell+ ^c +'�� '�^ +- *^ �� .Dimensional re uirements shall be as follows: `A f A - /lAA1 V11J1V11L41 �Yy¢ ,��,��,� � � y�1�p� �} iµf 1liiilililT[lir i[l'C�iI�"C�uµly fe'Gi" `V'! � ° ��FJ�rr�cici °v 1 V LL�Z7 - -ZG�� 1�� "�7 �e��te�ea�:- -fie rtain�m- r�•,,, L., ;1.1; „+ �L,.,11 1,.. 7I1 F „+ aaaalllliiulAA VN1A41111� JI.l1.LV 111 o o lAA f FJ HrltJl V111V11L rl� �x71a -1, +L.,,_�Ynnlo F m� L A J Y 1 A 411 L11V ii17g1G 1[[ili , 1. c.�,•�l o +l,.,.,lr i AA4V iVL41 �rCLl L.L JVLVCLV 7 f 7 _ = = = =�aaaaw.aaa wa..vv �LUA VAA VVll LLL111V1 CLL C11I1 ��♦♦ �E1:rL�zz�- �Ti�GnnC -Ei ' `Vl�rvv�.�ivi�� UI.Ll l.i,r..rn. 7n Yvo +, Minute Book Namber 38 Board of Supervisors Regular Meeting of 01/23/13 224 I Al Minimum Lot Area 1 3.750 sauare feet I II B1 From public or private road 25 feet right -of -way B2 The front setback may be reduced to 15 feet provided that the residential unit utilizes a rear alley for access and there are no driveways on the private or public road fronting the residential 63 Side Detached Option - 5 feet Attached Option —10 feet 64 Rear 15 feet 65 Minimum building spacing Attached Option — 20 feet � C1 Front Pram private /public road � 15 eet � *Rear alley option —10' �{ C3 Rear 10 feet C4 Rear (from open space} 5 feet � D1 Required off street parking � 2 per unit � �� E1 Principal Building (maxj � 35 feet E2 Accessory Building fmax} 20 feet F1. A minimum of 20 landscape plantings shall be provided on each individual lot. At least 1/� of the landscape plantings shall be trees, with the remainder being shrubs. The trees shall be a minimum of two inches in caliper at time of planting, and the shrubs shall be a minimum three. F2. Detached accessory structures may not exceed 150 square feet. e� 6� ,Br•gi�i� "' fez 6e +�Q nfc�� D a C n ,",", T7 T^z�'+�'e�ge I I n'+ l r n�� o ra TAT "►- 'at7t7 �j V'vt7 �,CHtf �tltl ��/3� �iLi'�J' C� tYj G�tlt7 '�"Jty Note: This housing type can be accomplished by using the single family small lot "attached" option and therefore is proposed to be deleted] G. _Multiplex. A "multiplex" is an attached residence containing three to four dwelling units. Units may or may not have independent outside access. Units within multiplex structures may be arranged side to side, back to back or vertically. *,,,,,, +��r° °'� ° "'�° � ��- ^�' ° ° °. Dimensional requirements shall be as follows: Minute Book Number 3S Board of Supervisors Regular Meeting of 01/23/13 225 (1} ' l2� ll;,Y,o„�;,,,,.,1 ,.v o o., +� n1,.,11 l,o �n f�ll.,r „r. tlt $ �1'C I Ini+ r�r.�� a foa +1 €�fi£ -ie�C� 399 X588 � � ��, -989 ��98 � � '�99 X989 2:25 �-p� -s �� -,989 1,389 �9 Lill AiT;,,;,Y,,,,,., ..,,.. -1., �l,.,ll 1.,, .,� F,.11,,.,,,... rla 1 ° r�� rr,,,o„ +�, goo+ F ,.,,.. ,- ..,,.1„�,� ., ,. �a,.;, o ��..1 1 vrvxl�y lvv� uvlu yt.all , lL,l Q;,]o nlz�ll l.0 1 G F a+ � �„.-, .-. o +o,- 6,�,,, ,1., ' `V f U1\iV J11VL11 V V 1 J 1V {�} Minimum building spacing shall be 30 feet. L61A�� m 1,,,;1,1; .� l,o ,�1,+ �l,.,ll �,,, ., �„n„ `vJ , }�di�g- 3�fee� {�7�c�e�s ,,,,,�i n��ree�: Al Minimum lot area per unit 31000 square feet A2 Maximum site impervious surface .50 ratio B1 From road right -of -way 35 feet B2 From parking areas or driveways 20 feet B3 Side 15 feet from perimeter boundary B4 Rear _ 25 feet from perimeter boundary CI Front rom road ri ht -a -wa 25 eet C2 _. _ Front from parking areas or 15 eet C3 Side 10 eet C4 Rear IS feet � D1 Required off street parking � 2 per unit i E1 Principal Building (max) 35 feet E2 Accessory Building (max) 20 feet Minute Book Number 38 Board of supervisors Regular Meeting of 01/23/13 - :• - � - � r � � • r � � � � � Minute Book Number 38 Board of supervisors Regular Meeting of 01/23/13 22 Note: This housing type has never been utilized.] ,� rvtirc:snc �7t.�t''CI'C't, T"gt'httYg ._ ' ... .. .. ... ... .. , . Note: This housing type has never been utilized.] �i'./l i''1-d'I"Fi'� rvtirc:snc �7t.�t''CI'C't, T"gt'httYg � � v ' te�^'f1T� �� i � {A�r�n+• }+l _ v - i �� _ � i Y�tllY �i'./l i''1-d'I"Fi'� rvtirc:snc �7t.�t''CI'C't, T"gt'httYg yyryi'�'��} ff�n +�1 � ^I C f�� }� te�^'f1T� �� r1L_ssin -cvi {A�r�n+• }+l riBj 't7V Y�tllY � �p 7 �� hCV Y � qpp � 'L-8' YV qty 'J j "►tiY1_I � �-t Note: This housing type has never been utilized.] Minute Book Number 3S Board of Supervisors Regular Meeting of 01/23/13 �C� �. H. Townhouse Back -to -hack Townhouse. Tom° " + ^�.�,'^ ^., ° °" n�^ v ° -r;� -r ., + +„chLµ This dwelling tope consists of a sinl7le- family attached dwelling unit from ground to roof, with individual outside access. Rows of ° + + ° ^'� °� ��, ° "�-��n townhouses shall contain no more than eight (8) dwelling units in a gaup. ^+ ° ° °,a i n ..,, +� ��,a �h ^u ^ ° +�,,,,, °�rt'�+ a.� ° "��n r °�- � +� = ^ +•�r° Back -to -back townhouses shall contain no more than sixteen (l6) dwelling units in a group. Dimensianal requirements shall be as follows: rte �� ^v;,,.,,.,�., n r ,a °rir; +., r�,r� �° ° ,��, +,,,.,, +� �, b�� TYITTmTpTT� �T �-�� T,500spuare feet 4Tf' JCTCC'C ,� Cr��roc- AAinim� iw. I nf� 1AIi.d +� /c �# Revcarvvirr� f °� +1 {A,�r,�� TAT i X598 ipV+o'tY -2:99 B2 From off street parking lot Y�YtYA R't7 i:^t-.'3 Y-B �'"�S' Y�tYVty -�'� �C�iV i�v YV ..... . -r_. �..�.., e � -... _.. -- Al Minimum Lot Area T,500spuare feet A2 Minimum Lot Width End Unit -22 „feet Interior Unit - 18 feet .. �� m __ s� ._ �°�._.�x. ... ��n�.�� ..�..�. � x•-. � - - �.. .. .,.:, __a,e � =�� h � -. _� :. .� � ..e.�. �. �.__ WithoutGara a -15 eet B1 From public yr private road right- of -way With Garage -25 feet B2 From off street parking lot TS eet B3 Side 1Q eel 64 Rear 20 eel Sack to Sack Qption —1V /A °� ��-e��aek _ �.: �... s fti__.- ta�� ticks, stop �. �. -a ,?�tl�ll�gs° „ srrrrrla ��it�es °= e_ C1 Front from off street parking lot TO eet C2 Front from private /public road T5 eet C3 Side (end unit) 5 eel C4 Rear 5 eel �:.. �. ==��- :� �. .. Per �.k �;�; _ --- �, &�. -� `. ...M.. __, _ - -__ � �,_ �, ,�.�,� m ....._.,.. �. ._ .. , :: e� � �... D1 Required off street parking 2 per unit ... � � _ __ �m_ ..•.. E1 Principal Building (max) 40 eel E2 Accessary Building (max) 20 feet I L. Garden apartments. This housing tope consists of buildings that contain multivle dwellin units that share a common and area. The entire dwellin unit does not necessaril have to be on the same oor: Garden a artments shall be at least tivo stories hi h but no more than our stories and shall contain six 6 or more units in a sin le structure nat to exceed I6 units within a sin le structure. Dimensional re uirements shall be as ollows: Minute Book i�TUmber 38 Board of Supervisors Regular Meeting of 01/23/13 22S �� . , .-� .,- -. -.�� TCr� Ii7TCFii rtg-C 11 IS Qf�- "Jt�'�et tYtYttFktL%@�• v4i'Fi�� /cn� ��rn iva +1 D-, rliinrr Cn.,�� €�f�C -Fein `� �,��(�(� �./�(� L7\ 11rT.,v;,,- ,,,,, -. �; +o ; „•F .,o ,•., +;., l.,,, 1., +1 ,.1,,,17 l,o n C!1 -- - h � r7] T,,.�. -. +.r � a+ !'�f11 1~...,Y, ,- ,.,,.lr;,�,.T ., ,- .],.;,,v,,,.,,, lL,l C�;,lo. Cfl �cc p£�izirei °"c.-rvvui-iur� `VJ 1Y 11111111 N111 Vll !7\ TiTnv;.- �,,,,, -, 1.,,:i,- 1;.,.Y 1- .o;l.L,+ �l -,,,11 loo .,� � 11.,,,,x• /.�1�rni to 1,,,;1a;,,.,• �� @i'� fi� =ce�",,.,,1.,,•7a;., , c feed ,� _ e � �- __ - ,: Al Maximum site impervious surface ratio .60 _.� .. .,. _, r .. ,_ ltl � efib� � � ��:, �.. B1 From ,public road right -of -way 35 feet B2 From private road right -of -way, off street parking Iot or driveway 24 feet B3 Side (perimeter) 24 feet B4 Rear perimeter) 25 feet B5 Rear for balconies and decks ZO eet B6 Minimum on -site building spacing: Buildings placed side to side shall have a minimum distance of twenty (20) feet between buildings; buildings placed side to back steal! have a minimum distance of thirty -five r35) feet between buildings. Buildings back to back shall have a minimum distance of fifty rsol feet between buildings. n ., .... C1 Required off street parking 2 per unit � �� ,� - W ... � ......�. P �_ �� D1 Principal Building (max): 55 eet D2 Accessary Building +timax) 24 feet J. Multifamily residential buildings. This housing type consists of multifamily buildings a minimum of four dwelling unit entrances sharing an internal corridor per floor. The _with entire dwelling unit does not necessarily have to be on the same floor. External corridors are not ermined. Multi anvil residential buildin shall onl be located in areas desi noted in the Comprehensive Plan as neighborhood villages, urban centers or other areas planned for high density residential. Dimensional requirements shall be as follows: Minute Sooic Number 38 Board of Supervisors Regular Meeting of 01/23/13 229 �. �.60 Al Maximum site impervious surface ratio �� ,� _ � . �. ��. � �' arks - �.. �.. � � -�: � �;�- � x - � �: � .�- �- .�.. — � �.. �...x ._�,- �� =�.., BI f=rom public road right- of-way 35 eet B2 from off street parking lot or driveway 20 eet 83 Side (perimeter 50 eet 84 Rear (perimeter] 5U eet B5 Rear for balconies and decks 20 eet 86 Minimum on -site buildin s acin : Minimum an -site buildin s acin . Buildin s laced side to side steal! have a minimum distance of 20 feet between buildings; buildings placed side to back shall have a minimum distance of 35 feet between buildings. Buildings back to back shall have a minimum distance of 50 feet between bur`Idings. _.. .. s� _.._ .�. � �.. rv. Cl Required off street arking 2 per unit R __ ..Her hi � � � T ., ....;�„ -=� ; �,.. _� �- � ... s .: _ a� DI Principal_euilding (max): 6Q feet provided that a multifamily, residential, building may be� erected to a maximum o 80 eet i it is set back rom road ri ht -o -wa s and ram lit lines in addition to each of the required minimum yard dimensions�.,a distance of not less than one foot for each one foot of height that it exceeds the 6Q foot limit. D2 Accessory Building (max) 2Q eet K.. Aye- restricted multifamily , housing. "Age- restricted multifamily housing" is multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required Iot areas of all dwelling units within the building. Age - restricted multifamily housing shall only be permitted within proffered age - restricted developments. Elevator service shall be provided to each floor of age- restricted multifamily housing structures for use by residents and guests. Dimen_s_ional requirements shall be as follows: (1) Neer ---r; MinFrnuxn Eet ilrea�er 6�well� ^ ^^ '��s2 � #�t�eet Ra„:,;s ee+�s #eet} Spaces Ff 3� 3Q8 � �.� .� � X998 �8 5 �A .� �� _ _ � � :• �. If r 1 � - - - � � - I � • " - _ • i � V � ' _ I � � ,� � - v � �i � v- � �l - _ � � � � � • � Minute Book Number 38 Board of Supervisors Regular Meeting of 01/23/13 230 - :... _ _ _ w r Al Minimum lot area 3 acres A2 Maximum site impervious surface ratio .SO A3 Maximum number of units per building 110 B1 From road right -of -way 60 feet B2 From off street parking lot or driveway 5 feet B3 5ide (perimeter): 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall be added. for every foot that the height of the building exceeds 40 feet when the adjacent use is single family residences. B4. Rear perimeter): 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall. be added far every fact that the height of the building exceeds 40 feet when the adjacent use is single- family residences. 66 Minimum on -site building spacing: &uildings placed side to side shall have,a minimum distance of twenty (20) feet between buildings; buildings placed side to back shall have a minimum distance of thirty -five (351 feet between buildings. Buildings back to back shall have a minimum distance�of fifty (501 feet between buildings. C1 Required off street parking 11.5 per unit III D1 Principal Building (max): The maximum structure height for any principal building shall be 40 feet. The Board of Supervisors may waive the forty -foot height limitation, provided that it will not negatively impact adjacent residential uses. In no case shall any principal building exceed 60 feet in height. ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 203 — Buffers and Landscaping § 165- 203.01 Landscaping requirements. The requirements of this section are intended to enhance the appearance, environment, and general welfare of *'�° °� *�� °�� ^�' Frederick County by providing minimum landscaping standards and encouraging tree preservation far r °�� developments. The provisions of this section shall anvly to all site elan and subdivision design plan annlications, including the revision or expansion of any site or development. Na #e: Subsection "A" is unchanged. B. Plant selection, planting procedure, and maintenance. {1) Plant selection. Based on the type of landscaping, required trees and shrubs shall be selected from the tablet of acceptable trees and shrubs shown below: Minute Book Number 38 Board of 5uper�isors Regular Meeting of 01/23/13 23� Types of Landscaping Street tree landscaping (street} Ornamental landscaping {ornamental) Tree preservation landscaping {canopy) Interior and perimeter landscaping (shade), Buffer screening and parking lot screening (screen), Deciduous buffer element (street, canopy, shade), buffer shrub element (shrub or screen) Acceptable Trees and Shrubs Common Name Scientific Name Types aF Landscaping Permitted Amur Maple Acer ginnala Street, shade, canopy, ornamental European Hornbeam Carpinus betulus Street, shade, canopy, ornamental Hop Hornbeam Ostrya virginiana Street, shade, canopy, ornamental Katsura Tree Cercidiphyllum japonicum Street, shade, canopy, ornamental Ginkgo (male} Ginkgo biloba Street, shade, canopy, ornamental Thornless Honey Locust Gleditsia triacanthos inermis Street, shade, canopy, ornamental Golden -Rain Tree Koelreuteria panicuiata Street, shade, canopy, ornamental Flowering Crabapple MaIus [disease resistant varieties) Street, shade, canopy, ornamental Chinese Pistache Pistacia chinensis Street, shade, canopy. ornamental Linden Tilia (all varities} Street, shade, canopy, ornamental Lacebark EIm Ulmus parvifolia Street, shade, canopy, ornamental Japanese ZeIkova Zelkova serrata Street, shade, canopy, ornamental Red Oak Quercus rubs Street, shade, canopy, ornamental White Oak Quercus alba Street, shade, canopy, ornamental Scarlet Oak uercus coccinea Street, shade, canopy, ornamental Sawtooth Oak Quercus acutissima Street, shade, canopy,, ornamental %ntucky Coffeetree G mnocladus diocus Street shade cano ornamental Dawn Redwood Metasequoia glyptostroboides Street, shade, canopy Swamp Chestnut Oak Quercus rnichauxii Street, shade, canopy Willow Oak Quercus phellos Shade, canopy, ornamental Bald Cypress Taxodium distichum Street, shade, canopy Red Maple Acer rubrum Shade, canopy, ornamental Freeman Maple Acer freemanii Shade, canopy, ornamental Sugar Maple Acer saccharum Shade, canopy, ornamental Paperbark Maple Acer griseum Shade, canopy, ornamental American Sycamore Platanus occidentallis Shade, canopy, ornamental London Plane Tree Platanus acerifolia Shade, canopy, ornamental Sweetgum Liquidambar styraciflua Shade, canopy, ornamental Copper Beech Fa�us sylvatica 'Riversii' Shade, canopy, ornamental Minute Book Number 38 Board of Supervisors Regular Meeting af' 01/23/13 232 Weeping Beech Fagus pendula Shade, canopy, ornamental European Beech Fagus sylvatica Shade, canopy, ornamental River Birch Betula nigra Shade, canopy, ornamental Star Magnolia Magnolia stellata Shade, canopy, ornamental Saucer Magnolia Magnolia x saulangiana Shade, canopy, ornamental Black Gum Nyssa sylvatica Shade, canopy, ornamental Yellowwood Cladrastis kentukea Shade, canopy, ornamental Downy Serviceberry Amelanchier arborea Shade, canopy, ornamental Hawthorn Crataegus plaenopyrum, Crataegu5 viridis Shade, canopy, ornamental Sourwood Oxydendrum arboreum Shade, canopy, ornamental Tuliptree Liriadendron tulipifera Shade, canopy, ornamental Paw Paw Asimina trilyba Shade, canopy, ornamental Dogwood Cornus florida, Cornus kousa, Cornus hybrid Shade, ornamental Flowering Cherry Prunus (all. varieties of Flowering Cher Shade, ornamental Cornelian Cherry Cornus mas Shade, ornamental Eastern Redbud Cercis canadensis Shade, ornamental American Plum Prunus americana Shade, ornamental Japanese Maple Acer palmatum Shade, ornamental Douglas Fir 1?seudotsuga menziesii Screen, ornamental White Fir Abies cancalor Screen, ornamental Spruce Ficea (all varieties} Screen, ornamental Japanese Umbrella Pine Sciadopitys verticillata Screen, ornamental Hinoki False Cypress Chamaecyparis abtusa Screen, ornamental White Pine Pinus strobus Screen, canopy Western Arborvitae Thuja plicata Screen, ornamental Eastern Arborvitae Thuja occidentalis {all varieties) Screen, ornamental Leyland Cypress Cupressocyparis x leylandi Screen, ornamental Japanese Cedar Cryptomeria Japonica Screen, ornamental Viburnum (Ever reen LCl eyer,�reen/semi- evergreen varieties Screen, ornamental, shrub Yew Taxus (all varieties) Screen, ornamental, shrub Holly Ilex (all varieties) Screen, ornamental, shrub Common Boxwood Buxus sempervirens Screen, ornamental, shrub Juniper Juniperus (all varieties} Screen, ornamental, shrub Minute Sook Number 38 Board of Supervisors Regular Meeting of 01/23/13 233 Abelia (AIL varieties) Screen, ornamental, shrub Witchhazel Hamamells vernalis Ornamental, shrub White Frin�etree Chionanthus vireinicus Ornamental, shrub Slender Deutzia Deutzia �racilis Ornamental, shrub Althea Hibiscus �riacus Ornamentalishrub Vicary privet Liirustrum x- yicaryi Ornamental, shrub Sweet Mockoran�e Philadelph_ us coronarius Ornamental shrub J�anese pieris PierisLaponica Ornamental, shrub Cotoneaster (All varieties) Ornamental, shrub Spirea (All varieties) Ornamental,,shru6 Weigela (A1I varieties) Ornamental, shrub Forsythia (All varieties) Ornamental, shrub Dwar Father ilia Fother�illa �ardenii Ornamental shrub Buttonbush Cephalanthus occidentalis Ornamental shrub Ja anew a odatree SaphoraLaponica Ornamental, shrub Chastetree Vitex aQnus- castus Ornamental, shrub Standard Nandina Nandlna domestica Ornamental, shrub Purple Plum Prunus cerasifera Ornamental Crate La erstroemia indica Ornamental Persian parratia Parrotia persica ornamental Hydrangea (all varieties) Ornamental Mu�o pine Pinus mu,2o Ornamental Itea (All varieties) Ornamental Aronia {All varieties) Ornamental Cletk►ra (All varieties} Ornamental Azalea Rhododendron (All varieties) Ornamental Rhododendron (All varieties) Ornamental ' Northern Bayberrx Myrica pensylvanica Ornamental Me er Lilac Syringa meyeri `Palibin' Ornamental {2} Planting procedure. All required trees and shrubs shall meet the specifications and racedures established by e�-the American Nursery and Landsca a Association. a) All trees shall be planted no closer than three feet to the edge of sidewalks, curb or other pavement. b) Deciduous frees shall be a minimum of two -inch caliper at the time of planning. cJ Onl sin le stem trees shall be lanted as street trees. d) Evergreen trees shall be a minimum of four feet in height at the time of planting, Shrubs shall be a minimum three - gallon container at the time of planting. In Minute Booic Number 38 Board of Supervisors Regular Meeting of 01/23/13 234 addition to the three - gallon container requirement, parking lot screening shrubs shall be a minimum o 36" in hei ht at time o lantin and bu er shrubs shall be a minimum of l8" in height at time of planting. Spacing of parking lot screening shrubs shall be no greater than _four (4� feet an ce_n_ ter. e) Onl trees Navin a mature hei ht o less than 2Q eet shall be located under overhead utility lines. f] Measurement of Size. Caliper is measured six (6) inches above the ground up to and including four (4) inch caliper size, and twelve (12) inches above the „ground _far larger sizes. Diameter at breast height (dbh�, will be measured at the height of S4 inches rom the base o the trunk or as otherwise allowed in the Guide or Plant Appraisal § 165 - 203.02 Buffer and screening requirements. It is the intent of the regulations of this section to encourage proper design of a site in order to protect adjacent existing uses and to protect proposed uses within the site. Certain types of uses lxlust be buffered from other types in order to ensure a desirable living environment. Additionally, appropriate distances must be maintained between comnraercial, industrial and residential uses and roads. C. Residential separation buffers. i�vriiil + °r °n� � ^ + °r� ^� Residential separation buffers shall be established to adequately buffer °;�°'° �^�;',� a ° +.,,,�, °a +,..,,a; +; ^,,.,� .,ra ,.�,,,. + °,. a„ °n;.,n., � .-.,m ^ +x. °,- �, ^ „r;,,n + „r °� different housing types from dissimilar housing types within adjacent separate developments. - nzc— imiccron��O�iTircccr= .T�sci- cccrvn -vuicr -�- snarl —ve —tA an „ ^'..nm °-� +� The requirements for � °r�� ° * °r °��' �� + °ri ^�- residential separation buffers are as follows: (1) When placed adjacent to one another, developments with different housing types shall provide the following residential separation buffers: i i i Minute Book Number 38 Board of supervisors Regular Meeting of OlI23/13 �� i�-z”- Zvi'- 'n`a�°ca iT- n” ^uFi -iva. lM;.,:..,,. n,l �fe @t} /n�C�ia�`�r' -i IRA., v:... ,...,1 i1O•. -•7 .` /�g -6��i }iii l•`''' -�7 � " "rarc3$iccix � z'7 -riViV - ��e--�e@i��C�l9�� c8n�A�� i i i Minute Book Number 38 Board of supervisors Regular Meeting of OlI23/13 235 r_ 1L�11..�r`... :.ai'ss.:ss�ieiia�ia�iia.....:i a�n�:��.e�ara�n..rana%n��::a... e....::..��iais..i.i ��i 'r Pro osed Use/Devela ment �H� �� T�iuE+a�i ,l�r�;�;�....m, � ne�' L7�,.. ..., � � �,. � -� � �3£�S�- SC- I'8BI2 � � � Ti- ;^o- :�citi�cix � � � r_ 1L�11..�r`... :.ai'ss.:ss�ieiia�ia�iia.....:i a�n�:��.e�ara�n..rana%n��::a... e....::..��iais..i.i ��i 'r Pro osed Use/Devela ment �� v - - �., try -ii -ate �v -z�F � z�� °�� 3£�S�- SC- I'8BI2 -� • • V i � 1 Ti- ;^o- :�citi�cix c`�/� �JV �i�...r�..,t `YVii �_ ■ Pro osed Use/Devela ment �� .. ^, :�i ,v ln�r :..:.........� (} �kC�1�V[�Mzrai��rrin;ij tfBBi� �f�� 7 �., try -ii -ate �v -z�F � z�� °�� 3£�S�- SC- I'8BI2 -� • • V i � 1 Ti- ;^o- :�citi�cix c`�/� �JV G��1�l�l8� 7CJ `YVii �_ ■ Pro osed Use/Devela ment Ad'oinin Existin Use/Develo ment Y - V , 3 � Y 1. Sin le- anvil detached � - • • V i � 1 r 2. Sin le- anvil zero lot line or small lot - - A_ B_ B_ 3. Multi lex or townhouse - B MINIMUM RESIDENTIAL SEPARATION BUFFER AREA RE UIRED Pro osed Use/Devela ment Ad'oinin Existin Use/Develo ment Y - V , 3 4 5 1. Sin le- anvil detached � - • • V i � 1 B 2. Sin le- anvil zero lot line or small lot MINIMUM RESIDENTIAL SEPARATION BUFFER AREA RE UIRED Pro osed Use/Devela ment Ad'oinin Existin Use/Develo ment 1 2 3 4 5 1. Sin le- anvil detached - - A B B 2. Sin le- anvil zero lot line or small lot - - A_ B_ B_ 3. Multi lex or townhouse B B - B B 4. Garden A artment or Multi amid buildin s C C B - A S. A e- restricted multi anvil C C C - - Minule Book Number 3$ Board of Supervisors Regular Meetiug of 41/23/13 X36 2 Bu ers shall be laced between the lot line o the ra osed housin a and the lot line o the existin ad'oinin use or develo meet. When laced on individual lots the bu er shall be located within a ermanent Landsca a easement and shall be maintained b the homeowners association. (3) When age- restricted multifamily housing adjoins other housing types, the evergreen element o the residential se aration bu er shall be )anted at a hei ht o six eet. 4 When existin mature woodlands are located within the entire bu er area total distance if active and inactive buffer), preservation of that woodland will be allowed to substitute for the required plant material. � � � �� "'��'" 5) Housing types contained within a mixed use development as outlined in the Comprehensive Plan ar developments that contain a mixture of housin:� types, but approved with the same Master Development Plan shall not require residential separation buffers between housing types contained within the_ same developme nt. The Zonin Administrator ma re uire residential se aration bu ers when a Master Develo meat Plan is revised and the housin es are modi red a ter construction has ahead commenced within the develo ment. Residential se aration bu ers shall be required when different housing types are placed adiacent to a mixed use or Master Planned development or if the development abuts different housing types within a s�arate development. �6�_The Board of Supervisors may waive, reduce andlar modify the residential separation buffer requirements (distance or landscaping) if the topo�raphy of the lot providing the �}er�a__rd and the lot being protected is such that the required buffer yard would not be effective. (7) The Board of Supervisors may waive, reduce and/or modify the residential separation buffer requirements (distance or_ landscapin�� when utility conflicts preclude the installation of the buffer and would result in unnecessary or otherwise unreasonable hardship to the developer. Note: Subsection "D" is unchanged. E. Road efficiency buffers. The purpose of these requirements are to provide protection for residential structures from any street classified as a collector road or higher white still providing an attractive view of the residential neighborhoods from major roadways. It is not the intent of these regulations to provide uniform linear strips of completely opaque screenin but to rovide an attractive view o residential nei hborhoods rom ma'or streets and ensure adequate buffering for the residential nei�hborhaod from the street. (1} All residential structures shall be separated from interstate, limited access, primary, major arterial, minor arterial ar major collector roads, as designated by the Virginia Department of Transportation or the Frederick County Comprehensive Plan, by the following road efficiency buffers: Minute Book lumber 3$ Board of Supervisors Regular Meeting of 01/23/13 BUFFER AREA WIDTHAND PLANT RE UIREMENTS Type Inactive Active (Maximum] (feet) Totad eet Screen T e ,,(Minimum) eet A 1S IO 25 Full Screen A_ 30 20 50 Landsca a Screen A_ 75 25 100 No Screen B 30 20 SO Full Screen B_ 45 30 75 Landsca a Screen B_ 75 25 100 No Screen _C 7S 2S IOO Full Screen C IOO SO ISO Landsca a Screen C ISO SO 20O No Screen 2 Bu ers shall be laced between the lot line o the ra osed housin a and the lot line o the existin ad'oinin use or develo meet. When laced on individual lots the bu er shall be located within a ermanent Landsca a easement and shall be maintained b the homeowners association. (3) When age- restricted multifamily housing adjoins other housing types, the evergreen element o the residential se aration bu er shall be )anted at a hei ht o six eet. 4 When existin mature woodlands are located within the entire bu er area total distance if active and inactive buffer), preservation of that woodland will be allowed to substitute for the required plant material. � � � �� "'��'" 5) Housing types contained within a mixed use development as outlined in the Comprehensive Plan ar developments that contain a mixture of housin:� types, but approved with the same Master Development Plan shall not require residential separation buffers between housing types contained within the_ same developme nt. The Zonin Administrator ma re uire residential se aration bu ers when a Master Develo meat Plan is revised and the housin es are modi red a ter construction has ahead commenced within the develo ment. Residential se aration bu ers shall be required when different housing types are placed adiacent to a mixed use or Master Planned development or if the development abuts different housing types within a s�arate development. �6�_The Board of Supervisors may waive, reduce andlar modify the residential separation buffer requirements (distance or landscaping) if the topo�raphy of the lot providing the �}er�a__rd and the lot being protected is such that the required buffer yard would not be effective. (7) The Board of Supervisors may waive, reduce and/or modify the residential separation buffer requirements (distance or_ landscapin�� when utility conflicts preclude the installation of the buffer and would result in unnecessary or otherwise unreasonable hardship to the developer. Note: Subsection "D" is unchanged. E. Road efficiency buffers. The purpose of these requirements are to provide protection for residential structures from any street classified as a collector road or higher white still providing an attractive view of the residential neighborhoods from major roadways. It is not the intent of these regulations to provide uniform linear strips of completely opaque screenin but to rovide an attractive view o residential nei hborhoods rom ma'or streets and ensure adequate buffering for the residential nei�hborhaod from the street. (1} All residential structures shall be separated from interstate, limited access, primary, major arterial, minor arterial ar major collector roads, as designated by the Virginia Department of Transportation or the Frederick County Comprehensive Plan, by the following road efficiency buffers: Minute Book lumber 3$ Board of Supervisors Regular Meeting of 01/23/13 237 Distance Buffer Required Road hype Classification Inactive (minimum) (fee #} Active (maximum} (feet) Total (feel} Screen Type Interstate) arterial) limited access Full- distance buffer 50 50 100 andscape Screen Reduced- distance buffer 40 40 80 Full Screen Major collector FuI1- distance buffer 40 40 80 andscape Screen Reducecl-distance buffer 40 10 50 ull Screen {2) All road efficiency buffers shall begin at the edge of the road right -of- -way, with the inactive portion abutting the road right -of- -way. All required elements of the full - distance buffer or the reduced - distance buffer ' shall be located within the inactive portion of the road efficiency buffer. Maintenance of'the road a aciency buffer shall be in accordance with .$ .165- 203.DIB(3). The inactive portion of the road efficiency buffer is permitted to count towards the required percentage of common open space; however, no portion of a residential lot shall be located within the inactive portion of the road efficiency buffer. The active portion of the road efficiency buffer may be permitted to be located within a residential Iot, provided that the primary structure is not located within the buffer area. Accessory structures may be located within the active portion of the road efficiency buffer, provided that the structures meet all applicable setback requirements. Access roads serving as the primary means of vehicular travel to residential subdivisions are permitted to traverse road efficiency buffers. (3) All road efficiency buffers shall contain landscaping evergreen trees intended to reach a minimum height of 20 feet at maturity. Thcve ,,.ergreer +r ° °� �� ?� Ll �+l�J .T J }re r: u�ut /] � f i r � a+ . �.o �rL.4 •..�- .. -.,-. ...�..... +...7 /� �4omi..$� v � d ivv.a ulv µ 1111111111 � T1LV 1111E L1YLi 11..111R�LapTilg +�a o r+ n� +n rY��c �rti.4 .ain +.�, .. +« ... M.. ....+ �. vTV.aL vl Lv�vgraY . The Zonin Administrator ma allow alternative landsca in near entrance drives to ensure sa a si ht distances. S The Zonin Administrator ma waive reduce andlor modi the road a acienc bu er and re uirements i in his o inion the to o ra h o the lot rovidin the bu er and and the lot bein rotected is such that the re uired bu er and would not be effective. When existin mature woodland when su lemented b new ve etation i needed is located within the entire bu er area and meets the intent o this section reservation o that woodland will be allowed to substitute or the re uired )ant material and the o a ue screenin . Minute Bpok Number 38 Board of Supervisors Regular Meeting of 41/23/13 238 ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101– General Provisions � 165- 101.02 Definitions &word usage. BUILDING HEIGHT - ,a � ra:�� t1�t�Etur�� -p�e�t —The vertical distance from the average finished grade at the front of the structure to the top of the highest roof beams on a flat or shed roo the deck level on a mansard roo and the avera a distance between the eaves and the rid a level or able hi and ambrel roo s. For structures that include a urtenant or other accessory roof features the height shall be measured from the average finished grade at the front of the structure to the highestpoint of the feature. DWELLING - A residential structure or portion thereof which is used exclusively far human habitation. A. DWELLING, MULTIFAMILY — " �'�-" ^'�,�� ' ^r �'� °�� „��' t^ �,o ^ oa �,t, +.�,,, �r� ��•��'��'�'� A building or 17ortion thereof containing more than two (2) dwelling units and not classified as asingle- family attached dwelling with not more than one (I) family occupying each dwelling unit B. DWELLING, SINGLE - FAMILY -- A structure, not including mobile homes, arranged or designed to be occupied by one household. C. DWELLING, DETACHED A dwelling that is not attached to any other dwelling by any means. D. DWELLING, SEMI - DETACHED — A dwelling attached to ore ar more dwellings by a common vertical wall, with each dwelling located on a separate lot. E. DWELLING, ATTACHED — A dwelling with two {2} or more single family dwelling units which are generally joined together by an above grade common party wall extending from the lowest floor to the roof or by a common floor- ceiling. A common floor- ceiling shall be the floor of one unit that is shared with the ceiling of another unit in vertically stacked dwelling units. Townhouse units may be attached by a garage or a connecting permanent architecturally unified structure such as a breezeway, carport, or wall, where structures continue the design, pattern andlor materials of the facade from one (1) dwelling unit to another. ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 201– Supplementary Use Regulations § 165 - 201.02 Setback requirements. F. Extensions into setback yards. The following features may extend into setback yards as described. {3} Porches and related features. In the RA, MHI, and R5 Zoning Districts, balconies, porches, stoops, decks, bay windows, steps and stairways which comprise less than 113 of the length of the wall of the primary structure may extend three feet into a required setback yard. In no case shall such features be closer than five feet to a lot line. ■. - ;, s. _ �. CNote: this section is being relocated into the townhouse housing type dimensional requirement section] Minute Book Number 3$ Board of Supervisors Regular Meeting of 01/23/13 239 {6} Storage sheds which are attached to townhouses that can only be accessed through an outer entrance and do not exceed '/4 the width of the dwelling unit may extend 10 feet into a rear ar berimeter setback area or the active portion of a required buffer area. do not. Passed this 23rd day of January by the following recorded vote: Richard C. Shzckle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacarlt Gene E. Fisher Absent Gary A. Lofton Aye Chairman Shickle stated he hoped to find a way to see which areas work and which areas BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Dody Stottlemyer, Shawnee District, stated she would have liked to know more about the ordinance amendments and hoped there was better clarification to come. She concluded by saying they seemed restrictive. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. ADJOURN UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY SUPERVISOR DEHAVEN, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (7:50 P.M.} �Q Richard C. Shickle n R, iley, Jr. Chairman, Board of Supervisors Clerk, Board of Supervisors Minutes Prepared By: � `�� Jay E. Ti bs Deputy Clerk, Board of Supervisors Minute Book Number 3$ Board of Supervisors Regular Meeting of o1 /23113