066-22 (OrdAmendmentChapter165Zoning(VariousSections)) t�nY
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Action:
PLANNING COMMISSION: May 18, 2022
BOARD OF SUPERVISORS: May 25, 2022
AN ORDINANCE AMENDING
THE FREDERICK COUNTY CODE
CHAPTER 165 ZONING ORDINANCE
PROTECTION OF ENVIRONMENTAL FEATURES
CHAPTER 165 - ZONING
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific
Uses
PART 201 --Supplementary Use Regulations
§165-201.08. Protection of Environmental Features
OFF-STREET PARKING
CHAPTER 165—ZONING
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Use
PART 202 Off Street Parking, Loading and Access
§165-202.01 Off-Street Parking; Parking Lots
CONDITIONAL USES IN PLANNED DEVELOPMENT DISTRICTS
CHAPTER 165 —ZONING
ARTICLE IV
Agricultural and Residential District
Part 402 RP Residential Performance District
§165-402.09 Dimensional Requirements
ARTICLE V
Planning Development Districts
Part 501 R4 Residential Planned Community District
Res # 066-22
§165-501.04 Conditional Uses
Part 502 R5 Residential Recreational Community District
§+165-502.05 Conditional Uses
WHEREAS, a request to amend Chapter 165 --Zoning Ordinance to Ordinance to clarify and
amend requirements contained in the supplementary use regulations, parking, and planned
development districts; and
WHEREAS, the Planning Commission held a public hearing on the ordinance
amendment on May 18, 2022, and recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance
amendment on May 25, 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 RESOLVED by the Frederick County Board of
Supervisors that the ordinance to address and amend Chapter 165 — Zoning Ordinance to
clarify, and amend requirements contained in the supplementary use regulations, parking, and
planned development district provisions is adopted.
Passed this 25"' day of May 2022 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Blaine P. Duma Aye
Shawn L. Graber Aye Judith McCann-Slaughter Aye
Josh Ludwig Aye Robert W. Wells Aye
J. Douglas McCarthy Aye
A COPY ATTEST
is ae . o ioe er
Frederick County Adi n' trator
Res # 066-22
Proposed Changes—Protection of Environmental Features
DRRC reviewed 2/24/2022
Chapter 165—Zoning Ordinance
ARTICLE 11
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 201
Supplementary Use Regulations
§165-201.08 Protection of environmental features.
In order to protect those areas of a parcel which have environmental characteristics that make them
unsuitable for development,certain portions of a development shall remain undisturbed or be protected. It
is the intention of this section that the disturbance of such areas by the development process be limited. It
is also the intention of this section that the large portions of the areas with such environmental
characteristics be placed in open space, environmental easements, the portion of the parcel left undivided
or other areas where they will remain undisturbed. It is intended that the environmental conditions on a
property be reviewed as the first step in the planning process before lots or dwellings are located.
A. The requirements of this section shall apply to land in the following zoning districts:
RP Residential Performance District
R4 Residential Planned Community District
R5 Residential Recreational Community District
MH1 Mobile Home Community District
B 1 Neighborhood Business District
B2 Business General District
133 Industrial Transition District
OM Office-Manufacturing Park District
MI Light Industrial District
M2 Industrial General District
HE Higher Education District
RA Rural Areas District
MS Medical Support District
B. All developments which require a rezoning,master development plan, subdivision design
plan, site plan, or preliminary sketch plan shall preserve the following environmental
features as described:
(1) Floodplains. Disturbance of floodplains is only permitted in accordance with the
requirements of Article VII, Part 702,FP Floodplain Districts.
(2) Lakes and ponds. Lakes,ponds and impoundments shall remain undisturbed. The
Administrator may allow the removal of a lake,pond or impoundment if it serves
no useful retention, environmental,or recreational purposes.
(3) Wetlands,natural waterways,and riparian buffers.Disturbance of wetlands is only
permitted in accordance with the requirements of the United States Army Corps of
Engineers or other qualified state or federal agency. The disturbance of natural
waterways and riparian buffers is prohibited,except when necessary for,and only
in conformance with Part 702,the following:
a) Public or private utilities;
Proposed Changes—Protection of Environmental Features
DRRC reviewed 2/24/2022
b) Public facilities,access to a property or roads(only perpendicular riparian
buffer crossings shall be permitted);
c) Riparian buffer restoration or enhancement projects;
d) Creation of wetlands;
e) Pedestrian,recreational and/or bicycle trails; and
f) The Zoning Administrator may allow for the disturbance of riparian
buffers for the creation of park areas or for stormwater management
purposes.
(4) Sinkholes. No disturbance of sinkholes is allowed other than filling with
nonpolluting natural materials that will not contribute to groundwater pollution.
(5) Natural stormwater retention areas. No more than 10% of natural stormwater
retention areas on a site shall be disturbed. Natural stormwater retention areas may
be replaced with the approval of the Administrator by artificial stormwater
facilities if the total storage capacity of the site, as well as within each
drainageway, is maintained. Natural stormwater retention areas which are
floodplains,wetlands,lakes or ponds shall not be disturbed or replaced.
(6) Steep slopes. No more than 25% of steep slopes,as defined shall be disturbed or
regraded. The Zoning Administrator, through a written request made at time of
site plan or subdivision design plan,may allow the disturbance of additional small
areas where that disturbance will alle 4e peteStial heaIt-'-- ^-+ pr-ebleffis a
wAN-not significantly denigrate the overall environmental quality of the site. The
C. In residential developments, the areas of undisturbed environmental features described in
§ 165-201.08B shall be located in areas of open space.However,the Zoning Administrator
may allow undisturbed areas to be included in the required setback and yard areas on
residential lots when the extent, location, and disturbance of environmental areas make it
impractical to place the undisturbed areas in common open space. In such circumstances,
environmental easements, deeds of dedication, final subdivision plats, or other legal
instruments approved by the Zoning Administrator shall be required to specify the
restrictions to be placed on the enviromnental areas.
D. In rural preservation subdivisions,the environmental features described in§ 165-201.08B,
along with agricultural or locally significant soils,shall be placed within the forth-percent
parcel, without undue detriment to other principles of quality subdivision design or
significant loss of density,as determined by the Zoning Administrator.
E. In commercial and industrial developments, the areas of undisturbed environmental
features described in§ 165-201.08B,shall be located in areas of open space,environmental
easements,deeds of dedication,final subdivision plats or other legal instruments approved
by the Zoning Administrator which specify the restrictions to be placed on the
environmental areas.
Proposed Changes—Off-Street Parking Requirements
DRRC reviewed 2/24/2022
Chapter 165—Zoning Ordinance
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 202
Off-Street Parking,Loading and Access
§165-202.01 Off-street parking;parking lots.
Off-street parking shall be provided on every lot or parcel on which any use is established according to
the requirements of this section.This section is intended to ensure that parking is provided on the lots to
be developed and to ensure that excess parking in public street rights-of-way does not interfere with
traffic.
A. Required parking spaces.
1. For certain residential uses,parking requirements are contained in the zoning district
regulations. In all other cases,parking spaces shall be provided with each allowed use, on the
lot or within the development containing the use,according to the following table:
Use Required Spaces
Single-family detached dwellings and 2ep r anil
mobile homes
Single-family attached(townhouse) 2.5 per unit
dwellin s
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 detennination as to the classification of housing types.
Unless otherwise specified,all housing types shall be served by public sewer and water.
H. Townhouse;back-to-back townhouse. This dwelling type consists of a single-family attached
dwelling unit from ground to roof,with individual outside access. Rows of townhouses shall
contain no more than eight dwelling units in a group.Back-to-back townhouses shall contain no
more than 16 dwelling units in a group. Dimensional requirements shall be as follows.
Proposed Changes—Off-Street Parking Requirements
DRRC reviewed 2/24/2022
A. Lot Dimensions
Al Minimum lot area 1,500 square feet
A2 Minimum lot width End Unit: 22 feet Interior Unit: 18 feet
B. Building Setbacks
B 1 From public or private road ri ht-of-wa With garage: 25 feet Without garage: 15 feet
B2 From off-street parking 15 feet
B3 Side 10 feet
B4 Rear 20 feet Back-to-back option:
N/A
C. Setbacks for unroofed decks,stoops,landings and similar features
C 1 Front from off-street parking lot 10 feet
C2 Front from nvate/ ublic road 15 feet
C3 Side end unit) 5 feet
C4 Rear 5 feet
D. Minimum Parkin
D 1 Required off-street parking X2_5 per unit
E.Height
E1 Principal building max 40 feet
E2 Accessory building(max) 20 feet
Proposed Changes—Conditional Uses R4&R5 Zoning Districts
Revised April 6,2022
Chapter 165—Zoning Ordinance
ARTICLE V
Planned Development Districts
Part 501
R4 Residential Planned Community District
§ 165-501.04 Conditional uses.
ofits set tt 4 r,apter f t
Uses permitted through a conditional use permit in the R4 Residential Planned Community District shall
include those uses allowed as conditional uses in the following zoniLgdistricts with an approved
conditional use Permit,provided that a conditional use permit is approved for the use:
RP Residential Performance District
BI Neighborhood Business District
B2 General Business District
B3 Industrial Transition District
OM Office-Manufacturing Park District
MI Light Industrial District
When a rezoning includes proffers that specifically identify allowance for designated conditional uses
on the property that is subiect to the rezoning, subsequent approval of conditional use Permit for any
such designated conditional use(N)shall not be required as long as the use(s) takes place consistent
with the terms of the proffers and any master development plan required for the Property.
Proposed Changes—Conditional Uses R4&R5 Zoning Districts
Revised April 6,2022
Chapter 165—Zoning Ordinance
ARTICLE V
Planned Development Districts
Part 502
RS Residential Recreational Community District
165-502.05 Conditional uses
Uses permitted through a conditional use permit in the R5 Residential Recreational Community District
shall include those uses allowed as conditional uses in the following zoning districts with an approved
conditional use permit,provided that a conditional use permit is approved for the use:
RP Residential Performance District
BI Neighborhood Business District
B2 General Business District
When a rezoning includes proffers that specifically identify allowance for designated conditional uses
on the property that is suhieet to the rezoning, suhsequent approval of a conditional use permit for any
such designated conditional use(s)shall not he required as long as the use(s) takes place consistent
with the terms of the proffers and any master development plan required for the property.
§165-502.0-56 Design Requirements
No changes to proposed text in this section, only the section number.
7
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
Fax: 5401665-6395
MEMORANDUM
TO: Frederick County Board of Supervisors
FROM: M. Tyler Klein,AICD, Senior Planner
SUBJECT: Ordinance Amendment—Protection of Environmental Features; Off Street Parking; &
Conditional Uses in the R4 and R5 Zoning Districts
DATE: May 19,2022
Proposal(Summary):
This is a request to amend Chapter 165—Zoning Ordinance to clarify and amend requirements contained
in the supplementary use regulations, parking,planned development districts, and business and industrial
district sections.A summary of changes to each section is outlined below.
1.Protection of Environmental Features
Proposal:
This is a proposed amendment to expand the allowance for additional disturbance of steep slopes beyond
the Zoning Ordinance standard(25%).
Current Zoning Ordinance Standards:
The Zoning Ordinance (§165-201.09) allows the Zoning Administrator to allow the disturbance of
additional small areas where the disturbance will alleviate potential health and safety problems and will not
significantly impact the overall environmental quality of the site.
2. Off-Street Parking
Proposal:
This is a proposed amendment to modify the requirement for off-street parking spaces for single-family
attached/townhome(SFA/TH)dwelling units from two(2)off-street spaces per unit to 2.5 off-street spaces
per unit.
Current Zoning Ordinance Standards:
The Zoning Ordinance requires two(2)off-street parking spaces are required for all single-family dwellings
and mobile homes regardless of housing type (§165-202.01 & §165-402.09). This standard has been
insufficient for townhome communities where the off-street parking requirement is met with one(1)garage
space and one (1) driveway space. Typically, in townhome communities there is limited or no on-street
parking (due to driveway spacing and private road widths) and limited (if any) off-street visitor parking
spaces as off-street visitor parking is not presently required by the ordinance.
Ordinance Amendments Protection of Environmental Features; Off-Street Parking; Conditional Uses in
the R4&R5 Zoning Districts;Allowed Uses in 132 Zoning District
May 25,2022
Page 2
3. Conditional Uses in the R4 &R5 Zoning Districts
Proposal:
This is a proposed amendment to clarify the uses permissible with a conditional use permit in the Residential
Planned Community(R4) and Residential Recreational Community(R5)Zoning Districts.
_Current Zoning Ordinance Standards:
Per§165-501.04 of the Zoning Ordinance,the R4 District as currently worded does not require a conditional
use permit be applied for to operate any use listed as a conditional use in the Zoning Ordinance.
Additionally, the R5 District does not currently indicate any allowance for conditional uses. It should be
noted that conditional use permits for the R5 has been interpreted to follow the conditional uses specified
in the Residential Performance (RP) District, which is consistent with how the permitted uses in the R5
District are indicated.
Meetings Summary:
The Development Review and Regulations Committee (DRRC) discussed these proposed ordinance
amendments for protection of environmental features, off-street parking, conditional uses in the
planned development districts at their February 24, 2022, meeting. The DRRC were supportive of the
proposed changes to the above sections. These items were sent forward to the Planning Commission
for further discussion.
The Planning Commission discussed these proposed ordinance amendments on April 6, 2022 and
offered no comments. The Board of Supervisors discussed these proposed ordinance amendments on
April 27, 2022; the primary topic of discussion was if the proposed 2.5 off-street parking spaces for
townhomes/single-family attached units was a sufficient amount (or not). The Board of Supervisors
sent the proposed ordinance amendments forward for public hearing without any further revisions.
The Planning Commission held a public hearing on May 18, 2022, and recommended approval of the
proposed ordinance amendments. There were no public comments.
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). Staff is seeking a decision by the Board of Supervisors on these proposed
ordinance amendments.
MTK/pd
Attachments: 1.Revised ordinance with additions shown in bold underlined italics.
2.Resolution