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044-13Action: BOARD OF SUPERVISORS: February 27, 2013 ❑ APPROVED X DENIED - R*093I11l DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 502 R5 RESIDENTIAL RECREATIONAL COMMUNITY DISTRICT 165- 502.05 DESIGN REQUIREMENTS WHEREAS, the Frederick County Planning Department has been directed to prepare changes to Chapter 165 Zoning, to allow the use of private streets for all types of developments in the R5 (Residential Recreational Community) District. WHEREAS, The Development Review and Regulations Committee (DRRC) recommended this item be forwarded to the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on December 5, 2012; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on December 12, 2012; and WHEREAS, the Public Works Committee discussed the proposed changes at their meeting on January 29, 2013; and WHEREAS, the Transportation Committee discussed the proposed changes at their meeting on February 19, 2013; 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 hearing regarding an amendment to Chapter 165 to allow the use of private streets for all types of developments in the R5 (Residential Recreational Community) 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 allow the use of private streets for all types of developments in the R5 (Residential Recreational Community) District. Passed this 27th day of February, 2013 by the following recorded vote: This resolution was approved by the following recorded vote: denied Motion by Gene E. Fisher, seconded by Charles S. DeHaven, Jr., to deny. Richard C. Shickle, Chairman Aye Gary A. Lofton Nay Robert A. Hess Aye Bill M. Ewing Nay Gene E. Fisher Aye Charles S. DeHaven, Jr. Ay_ Christopher E. Collins Nay A C 1 Af . Riley, r. Frederick County Administrator BOS Res. #044 -13 Department of Planning and Development MEMORANDUM 540/665 -6695 SAX: 540/665-6395 To: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planner Subject: Discussion — Private Streets in the R5 Zoning District Date :. February 20, 2013 Staff has received a request to allow the use of private streets for all types of developments in the R5 {Residential Recreational Community) Zoning District. Currently, the use of private streets in the R5 District is only permitted within age- restricted communities and only if approved by the Board of Supervisors. The age- restricted private street allowance was added into the R5 Zoning District in 2000, along with a number of other revisions that were requested by Dogwood Development Group (prior owner of the Shenandoah Development (Wheatlands)). The changes in 2000 were approved to allow increased flexibility and alternative designs in the R5 District while recognizing that an age - restricted development would have a reduced impact on capital facilities. Prior to the adoption of the age - restricted private street allowance, the use of public streets was mandatory for all new developments in the R5. This amendment proposes to allow the use of private streets within all developments in the R5 District, but would still require Board of Supervisors approval. - It should be noted that this text amendment has the potential to modify communities previously approved (not proffered) as age - restricted and could introduce dwelling units that accommodate all ages and, therefore, the impacts on the County's school system should be considered with this amendment. Staff has attached a draft ordinance revision that includes the amendments requested by the applicant along with additional text amendments that pertain to the expanded use of private streets within the R5 District. This item was discussed by the DRRC at their October 2012 meeting; the DRRC had minor changes to the proposed text. The changes were emailed to the DRRC and they endorsed the revised text and recommended it be sent to the Planning Commission for discussion. The Planning Commission discussed this item at their meeting on December 4, 2012; there were no comments and the item was forwarded to the Board of Supervisors for consideration. The Board of Supervisors discussed this item on December 12, 2012 and forwarded the amendment to the Public Works Committee and the Transportation Committee to gather their input on the amendment. The Public Works Committee discussed the amendment at their meeting on January 29, 2013; the Committee expressed concerns about the significant impact the revised development would have on county services; concern was expressed regarding the future maintenance of the private roads, and it was suggested that the ordinance amendment be revised to require a certain percentage of the development be restricted to age restricted to offset the potential impact to county services. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 Frederick County Board of Supervisors RE: Private Streets in the R5 Zoning District February 20, 2013 Page 2 The Transportation Committee discussed the amendment at their meeting on February 19, 2013; there were no comments received, and the Committee recommended the proposed amendment be forwarded to the Board of Supervisors (without a recommendation) for further consideration. The attached document shows the existing ordinance with the proposed changes supported by the DRRC (with strikethroughs for text eliminated and bold italic for text added). This item is presented for discussion. 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. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Resolution CEP /dlw ATTACHMENT 1 ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 502 — R5 Residential Recreational Community District § 165 - 502.05 Design requirements. F. Open space. A minimum of 35% of the gross 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. No more than 50% of the required open space shall be within lakes and ponds, wetlands or steep slopes. The Board of Supervisors may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan for the use of these areas. eFe age FeSt..:eted When communities are approved with private streets, a minimum of 45% of open space shall be required. K. Streets. The residential recreational community development shall be provided with a complete system of public streets dedicated to the Virginia Department of Transportation. The road system shall conform with the Frederick County Comprehensive Policy Plan and with road improvement plans adopted by the County. (1) Within any portion of a residential recreational community whieh qualifies as an age FeStFieted commuflity the Board of Supervisors may waive the public street requirement and allow for the installation of private streets, provided that all road sections meet the minimum thickness based on the E inia De artment of Transportation pavement desi n standards and all storm sewer signage, guardrails, and any other accessory features shall be designed following the VDOT Manual of Road and Bridge Standards and that a program for the perpetual maintenance of all streets by the property owner's association is provided which is acceptable to the Board of Supervisors and the Transportation Planner. (a) Three classes of private streets shall he permitted iR age FeStFiCted cempAunities and shall be identified on a MDP as follows: [1] Greenways. All private streets with a projected ADT of over 3,000 shall have a minimum right -of -way of 50 feet and shall have no direct lot frontage. Greenways shall be lined on both sides with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. Along the portions of right -of -way which abut mature woodland, the Planning Director may waive the requirement for street trees. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 miles per hour (mph). [2) Neighborhood collectors. All private streets with a projected ADT of over 400 shall have a minimum right-of-way of 50 feet and may have lot frontage. Neighborhood collectors shall be lined on both sides with street trees having a minimum caliper of two inches at ATTACHMENT 1 the time of planting, spaced not more than 50 feet apart. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 mph. (3) Local streets. All private streets with a projected ADT of 400 or less shall have a minimum right -of -way of 30 feet and may have lot frontage. Local streets shall be lined with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 20 mph. (b) Developments utifizinaprivate streets shall meet the following conditions: ( tl The subdivision design plans and final subdivision_ plats for all lots that utilize private streets shall include lanauaae that states "The private streets within this development are not intended for inclusion in the system of state highways and will not be maintained by VDOT or Frederick County. Frederick County and_VDOT have no, and will have no, responsibility for the maintenance repair, or replacement of the private streets within this development. The maintenance and improvement o said private streets shall be the sole responsibility of the property owners' association ". f21 The developer shalf establish a reserve fund dedicated solely_for the maintenance of the rivate streets within the development. The reserve fimd shall consist of a specified percentage of all dues collected from the residents as determined by the developer. The percentage may be reduced by the developer or the _property owner's association only, after a reserve study has been completed and said study_ shows that a lesser amount is necessary to maintain the private streets stem within the development. L1 Sales brochures or other literature and documents, provided by the seller of lots served by such private streets, shall include information regarding responsibility for maintenance, repair, replacement, and covenants pertaining to such lots, - including a statement that the County has no, and will have no, responsibilitsrfor the maintenance, re air or replacement of rivate streets. (2) Within R -5 residential recreation community developments approved prior to 1980, the Board of Supervisors may allow the extension of existing private roads if no other means of access is available. ATTACHMENT 1 (3) Within developments utilizing private streets a certified professional enrlineer. licensed in the State of Virginia, shall_ be em-loyed by the developer to monitor and supervise the materials used- _the adequacy of the subarade; the installation allation of drainage curb and gutter structures and all concrete_ items; and all road, driveway and „parking area construction activities including material compaction, grading, , tolerances and comp, once with the plans and specifications. Prior to issuance a the last certificate of occupany the certified Professiona l engineer, licensed in the State of Virginia, shall provide the county with certification that each base of construction met density requirements that all material de the were veri ted r compliance,_ and that the road and parking areas have been constructed„ in strict accordance , with the glans ands eci ications. L. Curb and gutter. All public and private streets shall be provided with curb and gutter.