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HomeMy WebLinkAbout045-22 (OrdAmendmentsChapters144SubOfLand&165Zoning(VariousSects) f COQ Ih1 173 Action: PLANNING COMMISSION: January 5, 2022 Approved BOARD OF SUPERVISORS: January 26, 2022 Approved RESOLUTION AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 144 SUBDIVISION OF LAND AND CHAPTER 165 ZONING ORDINANCE STEEP SLOPES CHAPTER 144 —SUBDIVISION OF LAND ARTICLE II Definitions 144-2. Definitions and word usage CHAPTER 165 - ZONING ARTICLE I General Provisions; Amendments; and Conditional Use Permits PART 101 - GENERAL PROVISIONS §165-101.02. Definitions and word usage FARM WINERIES, FARM BREWERIES, AND FARM DISTILLERIES CHAPTER 165 - ZONING ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses PART 204 —Additional Regulations for Specific Uses §165-204.22. Farm wineries, farm breweries; and farm distilleries PEDESTRIAN ACCESS CHAPTER 165 —ZONING PDRes#01-22 BOS Res. #045-22 ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 202 Off-Street Parking, Loading and Access §165-202.03. Motor vehicle access STREET DESIGN CHAPTER 144 —SUBDIVISION OF LAND ARTICLE V Design Standards §144-17. STREETS WHEREAS, an ordinance to amend Chapter 144 — Subdivision of Land Ordinance and amend Chapter 165 —Zoning Ordinance to clarify, amend and remove requirements contained in general provisions, supplementary use regulations, regulations for specific uses, and design standards; and WHEREAS, the Planning Commission held a public hearing on the ordinance amendment on January 5, 2022 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on January 26, 2022; 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 NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors consider changes to address Chapter 144 — Subdivision of Land and amend Chapter 165—Zoning Ordinance to clarify, amend and remove requirements contained in general provisions, supplementary use regulations, regulations for specific uses, and design standards Passed this 26'"'day of January 2022 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye Blaine P. Dunn Aye PDRes#01-22 BOS Res.#045-22 A COPY ATTEST Michael L. Bollhoef Frederick County dministrator PDRes##01-22 BOS Res. ##045-22 Proposed Changes—Steep Slopes Revised November 18,2021 Chapter 144—Subdivision Ordinance ARTICLE II Definitions §144-2 Definitions and word usage. Steep Slopes Land where the slope exceeds 445%35% Chapter 165—Zoning Ordinance ARTICLE I General Provisions; Amendments; and Conditional Use Permits Part 101 General Provisions § 165-101.02 Definitions and word usage. Steep Slopes Land where the slope exceeds-540A 35%. Proposed Changes—Farm Wineries,Farm Breweries,and Farm Distilleries Drafted October 15,2021 Chapter 165—Zoning Ordinance ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses § 165-204.22 Farm wineries, farm breweries, and farm distilleries. Farm wineries,farm breweries and farm distilleries in the RA(Rural Areas)District shall meet the following requirements: A. Farm wineries. A farm winery shall be licensed as a Class A or Class B farm winery in accordance with§ 4.1-207 of the Code of Virginia, as amended, and shall be located in the RA (Rural Areas)District. No farm winery shall be established until an illustrative sketch plan has been approved.All activities specified under § 15.2-2288.3E of the Code of Virginia shall be permitted. B. Farm breweries (limited brewery).A farm brewery shall be licensed as a limited brewery in accordance with § 4.1-208 of the Code of Virginia, as amended, and shall be located in the RA (Rural Areas)District.No limited brewery shall be established until an illustrative sketch plan has been approved. All activities specified under§ 15.2-2288.3:1 of the Code of Virginia shall be permitted. C. Farm distilleries (limited distiller).A farm distillery shall be licensed as a limited distiller in accordance with § 4.1-206 of the Code of Virginia, as amended, and shall be located in the RA (Rural Areas)District.No limited distillery shall be established until an illustrative sketch plan has been.approved. All activities specified under§ 15.2-2288.3:2 of the Code of Virginia shall be permitted. D. The following activities are permitted accessory uses at farm wineries,breweries and distilleries: 1) On-site tours. 2) Kitchen and catering activities. 3) Providing light refreshments and appetizers (food preparation beyond this,excluding catering for events, shall require a conditional use permit for a restaurant). E. Events shall be permitted only on farm wineries, farm breweries and farm distilleries of 10 acres or larger. Events for the purposes of this section shall include but are not limited to meetings, conferences, dinners, festivals, and wedding receptions. people are antieipated and will inelude miasie and en4er-tainmei4 will Foquir-e a festival pei:fRit. F. An illustrative sketch plan in accordance with the requirements of Article VIII shall be submitted to and approved by Frederick County for all farm wineries, distilleries and breweries. G. Farm wineries,breweries and distilleries that share a private access casement with another property owner/s must show the easement allows a use of this type or written permission must be obtained by the sharing parties. Proposed Changes—Pedestrian Access Drafted October 20,2021 Chapter 165—Zoning Ordinance ARTICLE H Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 202 Off-Street Parking,Loading and Access 165-202.03 Motor vehicle access. D. Pedestrian access. Safe pedestrian walkways shall be provided to all uses on land included in a master plan or site plan approved by Frederick County. Sidewalks and multi-use trails shall be provided in conformance with adopted Comprehensive Plan policies for present and future roadway_classifications corridor of walkway p a and/or approved master development plans. Sidewalks shall be installed in the ri lit--o 7wav and ad scent to the boundary-of the rizht-of-way of all pr Wosed and existing streets and shall contain adequate handicapped ramps at all intersections at intervals acceptable to the Virginia Department of Transportation. There shall be a minimum two-foot-wide morass strip or Swale between the street edze and the sidewalk, where sidewalks are required.Sidewalks shall be a minimum of eve 5feet wide;multi-use trails shall be a minimum of ten (10) feet wide. Proposed Changes-Road Classification Revised November 9,2021 Chapter 144-Subdivision of Land ARTICLE V Design Standards §144-17 Streets K. Classification. The classification of proposed streets shall be determined by the Frederick County Comprehensive Plan or by the standards of the Virginia Department of Transportation(VDOT). The subdivider may be required to reserve rights-of-way for and/or construct major roads as well as minor streets where applicable and construct appropriate road improvements,hic cj� It a and ,pedestrian accommodations and access points. 1) Local street. A "local street" shall be a street within a subdivision which may be required to serve as access to adjoining property or to connect with streets in an adjoining subdivision_ and h&ving an aver-age daily projeeted tmffie eount at full build out ef zero to 10- - daily 4ips evad shall be eaftstfucted to the fellewing standards in aeeefdanee with PEOjeete t a) Minimum right-of-way width shall be 55-feet with curb and mutter, and pedestrian accommodation on both sides) or as required by VDOT standards.. 2) Minor collector. A"minor collector" shall be a street within a subdivision that collects traffic from local streets and distributes it to the major collector and arterial system.These streets provide land access service and traffic circulation within residential, commercial and industrial areas and may be required to serve as access to adjoining properties or to connect with streets in adjoining subdivisions. Minor colleetofs shall ha— ea PFOjeet6d iwefage doily L-affie eount at full build out ffem 401 to 3,000 daily tr4ps of be stTeets deFign4ed as minor- 1 eety s by the Fr-e eriek G , niy r,�.,..ppeltensiye ni�r Minor collectors shall be vv v�' �✓VNA14�' �Vlll�J constructed to the Virginia Department of Transportation Urban Design Standards. a) Minimum right-of-way shall beL- eet(with curb and gutter, and pedestrian accommodation on both sides) or as required by the Virgiiii Department©f AAAA(/Al Tr-ansperta#ien VDOT standards. 3) Major collector.A "major collector" shall be a street that collects traffic from local streets and minor collectors and distributes it to the arterial system. These streets provide links to higher classified routes and serve as important intracounty travel corridors.Maj OF^^"Oe*arS Si..," have a pmiestexl avefage Elaily tmffie eoufft a4 full build eiat ffem 3,001 to 6,000 aver-age dail a) Mr,,;ri,,,..., r& e f way shallbe Qn C -e+.Minimum ri ht-of-way requirements and roadway design shall reflect the future roadway classification as designated by the Comprehensive Plan (including total number of lanes,medians, curb and Jzutter and pedestrian accommodations) andlor as required by VDOT standards. Proposed Changes—Road Classification Revised November 9,2021 4) Minor arterial. A "minor arterial" shall be a street designed to provide for either primary or secondary through traffic movement between major secondary roads, collectors, arterials or other major thoroughfares. Minor arterials interconnect and supplement the principal arterial system with a greater emphasis on land access and a lower level of traffic mobility—. T4+e —1 shall hav@ a pr-E�ceted average Elaily ti4fio oeiiHt at f6l!build aut fr-afn 6,001 to 8,000 aveFage daily trips or-be street designat@El as a minor-eelleefef by the COMPFC-heftsive a) M;r:.,-.,,,,, Fight of way shall be nn feet Minimum rikht-of-waE requirements and roadwa desi n shall reflect the fidure roadway classification as designated by the Comprehensive Plan (including total number of lanes medians curb and zutter and pedestrian accommodations) and/or as required by VDOT standards. -5) Major arterial. A"major arterial" shall be a street designed as a major carrier of through traffic. _.having a pr-E�aeted average daily tfaffie eount at full build eut o�ever 8,goo a-,�erag@ mid shall be eeRstpaeted to the fellewing sta-iidards: a) M i i::um right of way wiEl4h shall 100 feet.Minimum right-of-way re uirements and roadway design shall reflect the future roadway classi kation as desi nated b the Comprehensive Plan including total number of lanes medians curb and gutter and pedestrian accommodations2 and/or as required by VDOT standards. b) Controlled access with service drives shall be required. t COUNTY of FREDERICK i Department of Planning and Development 5401665-5651 Fax: 540/665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: M.Tyler Klein,AICP, Senior Planner SUBJECT: Ordinance Amendments—Steep Slopes; Farm Wineries,Farm Breweries, & Farm Distilleries; Inoperable Motor Vehicles; Pedestrian Access;and Street Design DATE: January 6,2022 Proposal(Summary): This is a request to amend Chapter 144—Subdivision of Land and amend Chapter 165—Zoning Ordinance to clarify,amend and remove requirements contained in general provisions,supplementary use regulations, regulations for specific uses,and design standards.A summary of changes to each section is outlined below. 1. Steep Slopes Proposal: This is a proposed revision to Chapter 144—Subdivision of Land and Chapter 165—Zoning Ordinance to amend the definition for "steep slopes" from 15% and 50% respectively to 35%. Both chapters apply to many land applications such as subdivisions, site plans and the Transfer of Development Rights (TDR) Program and therefore application of a consistent standard is needed. Current Zoning& Subdivision of Land Standards: The Zoning Ordinance definition (§165-101.02) for"steep slopes"specifies land where the slope exceeds 50%. The Subdivision of Land(§144-2)definition for"steep slopes"specifies land where the slope exceeds 15%. 2. Farm Wineries,Farm Breweries,& Farm Distilleries Proposal: This is a proposed revision to Chapter 165 —Zoning Ordinance to remove provisions for festival pen-nits for faun wineries, farm breweries, and farm distilleries. The Board of Supervisors removed Chapter 86— Festival Permits from the Code of Frederick County in the spring of 2021. The intent of this Zoning - Ordinance text amendment is to update this provision to align with the removal of Chapter 86 (Festival Permits). This amendment would eliminate the requirement for a festival permit and removes the limitation of 100 persons permitted at events held on farm wineries,breweries, and distilleries. Current Zoning Ordinance Standards: The Zoning Ordinance (§165-204.22) states that for events occurring at farm wineries, farm breweries or farm distilleries where 100 people or more are anticipated and will include music and entertainment festival permit will be required. Ordinance Amendments—Steep Slopes;Farre Wineries,Farm Breweries,&Fare Distilleries;Inoperable Motor Vehicles;Pedestrian Access;and Street Design January 6,2022 Page 2 3.Inoperable Motor Vehicles Proposal: This is a request to amend Chapter 165—Zoning Ordinance to prohibit the unscreened storage of inoperable trailers (trailer, camping trailer, or semitrailer). Currently,the Zoning Ordinance prohibits the unscreened outdoor storage of inoperable motor vehicles; however, the current definition does not include provisions for the regulation of trailers. This amendment is seeking to amend the Zoning Ordinance so that trailers are subject to the same regulations as inoperable vehicles. Current Zoning Ordinance Standards: The Zoning Ordinance (§165-101.02) defines "inoperable motor vehicles" as any motor vehicle which is not in operating condition, or any vehicle which has been partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for operation of the vehicle or on which there are displayed neither valid Iicense plates nor a valid inspection decal. The Zoning Ordinance (§165-204.11) Landfills,junkyards, trash disposal and inoperable vehicles, states that these are not permitted to be stored outside of a completely enclosed structure in all Zoning Districts except the RA(Rural Areas)District which allows for them to be screened from public roads or surrounding properties. Staff notes the proposed change to include inoperable trailers under "inoperable motor vehicles" would not affect `faun use" tags; farm use trailers and farm use vehicles will be exempt from the above regulations. 4. Pedestrian Access Proposal: This is a request to amend Chapter 165 — Zoning Ordinance to for pedestrian walkways/trails to align Zoning Ordinance and Subdivision Ordinance requirements and ensure pedestrian accommodations are provided to implement Comprehensive Plan policies. Current Zoning& Subdivision of Land Standards: The Zoning Ordinance(§165-203.03)currently requires sidewalks only when they are planned as included in a"corridor or walkway plan."The Subdivision Ordinance(§144-1$(A))is more specific in the language: sidewalks shall be installed in the right-of-way and adjacent to the boundary of the right-of--way of all proposed and existing streets and shall contain adequate handicapped ramps at all intersections at intervals acceptable to the Virginia Department of Transportation. 5.Street Design Proposal: This is a request to amend Chapter 144— Subdivision of Land to modify the requirements for minimum right-of-way for each street classification (local street, minor collector, major collector, and arterial roadways), to ensure the design of the roadway fulfills future roadway classification as specified in the Comprehensive Plan, and to ensure the design of the roadway meets all current criteria as required by the Virginia Department of Transportation (VDOT). Ordinance Amendments—Steep Slopes;Farm Wineries,Farm Breweries,&Farm Distilleries;Inoperable Motor Vehicles;Pedestrian Access;and Street Design January 6,2022 Page 3 Current Zoning Ordinance Standards: The Subdivision of Land (§144-17) currently includes only minimum right-of-way which may be insufficient for planned future conditions contained in the Comprehensive Plan. Discussion&Planning Commission Action Summary: The Development Review and Regulations Committee (DRRC) discussed the proposed amendments for steep slopes,farm wineries/farm breweries/farm distilleries,and inoperable motor vehicles at their October 28, 2021,meeting and were supportive of the proposed changes. The DRRC proposed changing the steep slopes definition for both the Subdivision and Zoning Ordinance to 35% (this change is reflected in the revised text). The DRRC discussed the proposed amendment for pedestrian access and street design at their November 18,2021,meeting and were supportive of the proposed changes. No additional comments were provided. The Planning Commission discussed this item at their December 1, 2021, meeting. The Planning Commission asked staff to confirm that "farm use" trailers, like vehicles, would not be impacted by the change to the definition/additional regulations for "inoperable motor vehicles;' staff noted that farm use trailers would be exempt like farm use vehicles. The Board of Supervisors discussed this item at their December 8, 2021, meeting. The Board of Supervisors unanimously supported moving the proposed ordinance amendments forward for public hearing. The Planning Commission held a public hearing at their January 5,2022 meeting.No members of the public spoke on the proposed ordinance amendments. The primary discussion by the Planning Commission focused on the steep slope amendment; it was noted that a consistent steep slope standard between the Zoning and Subdivision Ordinance was necessary. The Planning Commission recommended approval of the proposed ordinance amendments (Commissioner Brannon voted "no"). Conclusion and Requested Action: The attached document shows the existing ordinance with the proposed changes as drafted by staff(with bold italic for text added). This itemm is presented for public hearing. Following a public hearing,Staff is seeking action by the Board of Supervisors on these proposed ordinance amendments. MTK/pd Attachment: 1.Revised ordinance with additions shown in bold underlined italics.