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066-10Actia�n: BOARD OF SUPERVISORS: March 24, 201fl X APPROVED DENIED �4L�J�'Z�1� DIRECTING '1`lE1E PLANN�IG COMMrSS10N T® HOLD A P�Ci�$1.,1C HEARING REGARDINNG CRAFTER 165, ZONING AR�I'1CLE VI - BUSIl�ESS AND IleIIiUSTRrQr, ZON]CNG DiSTRIC'1'S PART 609 — HE HIGHER EDlUCAT10N >�►IS'I`RYC'I' WI�EREAS, the Frederick County Planning Department has been. directed to prepare znodificatians to Chapter 165, Zoning for revisions to the HE {Higher Education} Zoning District to increase the maximum building height for the district and for revised yard requirements. WHEREAS, The Development Review and Regulations Committee {DRRC} recozr�xnended approval of this amendment on February 25, 2010; and WHEREAS, the Planning Commssion discussed the draft ordinance on March 17, 2010 and recommended that a public hearing be held; 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 Plauni.zag Commission hold a public hearing regarding an amendment to Chapter 165, Zoning for revisions to the HE {Higher Education) Zoning District to increase the maximum building height for the district and for revised yard requirements: NOW, THEREFORE, SE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider revisions to Chapter 165, Zoning far revisions to the HE {Higher Education} Zoning District t© increase the maximum building height for the district and for revised yard requirements. Passed this 24th day o£March, 2Q�.0 by the following recorded vote: This resolution was approved by the following recorded vote: IZicl�ard C. SlZickle, Chairman Abstained Gary A. Lofton AyP Gary �4�J. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absta�rted Charles �. DeHaven, 3r. Aye Christopher E. Collix� BOS Res. ��066 -i0 .Aye A CGP� '�` r ;'�``�'f r�., 3ohn�R ' eY, Fre �, ck County Administrator ��� �f ��1���1 - - - - - - - - - Dep�rtrnent �f �l���i�g aged Il�€:vels�pent �,a �/ ��s" -� �5t To: Frederick County Board of Supervisors �'� -om; Candice E. Perkins, AICP, Senior Planner S�zb,�eet: Discussion — Higlxer Lducatiexn (�} Iiistrict Revisions Date: March 1 �, 2� 10 Staff has received a request to increase the rriaxisnum height requirerr7ents in the Higher Education (HE) Zoning District_ Currently, floe �naxirnu��� height in the i-IE District is 45 feet Staff has prepared an ordinance revision that addresses the height request along with other necessary ordinance revisions. Proposed changes are as follows: 8 Increase in the building height of 45 to 7� feet (subject to a BOS waiver). ® Yard requirements. Revision to add yard and dimensional requirements. Modifications include adding front yard setbacks from primary and arterial highways, similar to other zoning districts_ Added side and tear yard increases for structures over �5 feet in height. ® Design requirements. Addition of a statement regarding lot size and depth /width and an addition of landscaped area and FAR requirements. The item v<ras presented to the Development Review and Regulations Committee (DRRC) at their meeting on February 25, 2010. The DRRC discussed the height increase portion of the ordinance and, while they had no issue with the 75 foot building height, they did express concern if the structures were to be located adjacent to existing single family dwellings. 'Tile DRRC recommended that language be added to the amendment to only allow the height increase through a waiver granted by the Board of Supervisors. The DRRC had no other changes and recaznxnended that the revised ordinance amendrraent be forwarded to the Planning Commission for discussion. The Planning Commission discussed this item at their March 17, 20I0 meeting. Commission members expressed concern over tall buildings adjacent to commercial structures in addition to residential structures and wanted the height waiver expanded to include bath. Increases in the building set'acks and a requirement for architectural renderings for buildings were also discussed. The attached document shows the existing ordinance with the proposed changes supported by the DRRC (with striltethroughs for text eliminated and bold italic for text added). Axis item is presented for discussion. Staff is seeking direction from the Roard of Supervisors ou this Zoning Ordinazxce text arnendrnent, 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. Letter of request from tlxe applicant. 3. Resolution CEPf d lw 107 Pdortlx went Street, Suite �0� Vi'irxclxester, Virginia 22b�1 -�Q40 �I���CE� �'[ I��S @����� �:� iI��S��i�,� ��il'�� i�iS�l�i� °art ��� -- � €�ighe�- Ed€�catii€�s� �istric€ § 1�5- 6��.€��.. Q€��ent The HF F�igher Edocatian Distric� is in�en�e€� fa perrni�c insti�utions of higher education in apprespriate areas. It is intended that uses in this district be properly separated fr€�n-s different uses in adjoining districts. ,� § �f�5- 6D9.4iZ. Perrs�itted uses. ,��_ Structures to be erected or land to be used shall be A. Institutions of higher educatiork. ' �; B. 4�tilities necessary to serve allowed uses;: 'c� � Y: pipes and meters. _'a� ;G C. Accessory uses and structures. __����� D. off- street parking and _loading_ �. Business signs. ��� ��_-= �y- F. Signs allowed in § 165- 201.�6B�� k, G. Freestanding building entrance signs. � ',. �� § x.65- 6�9.fi3. i'ard crrtrl.f3esignrequirernerits R. Structures sha ar�y rr��..a�a.,_ i3. The -�inata.rr�1 C. D. E. F. There sh § 165- �iQ9.i34. buffers and screening, of the fallowing uses. istribution transformers, 35 feet from e 35 feet. Art sadditi�r�a[ font frcarr� tfae side res shall be 25 feet. An additional oot rom the rear be 2.0. A. The Planning Commission may require distance buffers, as defined in § 165- Za3.02A of this chapter, on lots which abut land in any residentia! district ar land in other zoning districts which are predominantly residential in nature. The size and �antent of the n�p� buffers shall be based on the amount of separation needed. 1 3. iiZe Punning C�mrnission may rea�Fre Eandscaped screens car fu[i Iar�dsc�pir�gF �s defined fey § X55- 2�}3.�Zi3 cft�is ei�apter, to separate uses ire this district frar� ad�c�ir�irtg residential uses and to dcilieue tie inierst €ans cf ibis ci�ap�er. - � ���- €���.��. �eig�t iimEtati��ese ,�,- �,� �_ <��,� ; F �, �_ .� .. +� �r� �n�z ; : s;"��f ►he ��e�f�� st�uc�€c�'� 'r a• L- hei�xht s�ecall he �5 feet the Sot�rrf , cif Su�aertf6sors ��� �oiue tae �� f€xof �eir�ht ��rr�itcr�FC�r� provided th�rt if �irilf nat rte�c�ti�ely i�apc�cf ac��c�cerrt res�de�tic�l apses,_ fer e€�nsi€�eri�� freight �r�iver the ward cif 5ur�erbrisors �cry rewire �xra;hitecfurel� rex�derir�c�s _ fhaat derr�€srrsfrarte .; r3[StPe'tti€Yl idF'1F]fdCtS D,I'� C�ffltpcBfif restcfe€�tr�! [lses. _tf1 rfo ��se�SliE7If Cit'?Y 5�raresure eXEeeas i� deer In helQ�3� 2 ,- _ c 11 F �SE�1����1^f P��c�'r��'.C���.k Si ��� ��ivQ�s�ty I�ve �f�Ench�sf��-� �� � ��� � . Jat7u�y I8, 2010 Candice E. Perkins Seniar Planner Frederick County Planning Cornmi.ssion Department of Planning and Development 1076 North Kent Street, Spite 2(12 Winchester, �A 22601 Candice: ,, � % '� rile �:- _� i - - f i Shenandoah University recluesis � change in � 165- 60 °.5, entitled Height L,imitatzans, in. the (HE) Higher Education District Zoning Ordinance. 7'he current lirnitatign is �5 feet in Frederick County. `the currezrt lirnitation for the City at �e�inchester is i 5 feet �t this tixue, Shenandoah University requests a change in the county to an equivalegt 75 feet to be ccjr�grueut vait�. the City. Shenandoah University is prepared to assist you with any mesas you deem appropziate. Sincere Jeff Davis Project Manager, Shenandoah University cc: File