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DRRC 08-23-07 Meeting AgendaCOUNTY of FREDER:[CK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM To: Development Review and Regulations Subcommittee From: Candice E. Perkins, AICP, Senior Planner ' yf Subject: August Meeting and Agenda Date: Augustl4, 2007 The Frederick County Development Review and Regulations Subcommittee (DRRS) will be meeting on Thursday, August 23, 2007 at 7:30 p.m. in the Board Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia. The DRRS will discuss the following agenda items: AGENDA 1) Sidewalks. Discussion of ordinance amendment to the Frederick County Subdivision Ordinance pertaining to sidewalk requirements. 2) Expansion of Existing Right -of -Way. Discussion of ordinance amendment to the Frederick County Subdivision Ordinance pertaining to the dedication of right-of-way. 3) Other. Please contact this office if you will not be able to attend the meeting. Thank you. Access to this building is limited during the evening hours. Therefore, it will be necessary to enter the building through the rear door of the four-story wing. I would encourage committee members and interested citizens to park in the County parking lot located behind the new addition or in the Joint Judicial Center parking lot and follow the sidewalk to the back door of the four-story wing. CEP/bad Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Item #1: Sidewalk Requirements The requirement for sidewalks within Frederick County is covered under The Frederick County Subdivision Ordinance §144-18 — Sidewalks and Pedestrian Walkways. This portion of the ordinance currently requires sidewalks with certain development activities. This section of the subdivision ordinance requires sidewalks for the following: A. Sidewalks shall be installed in the rigbt-of-way and adjacent to the boundary of the right-of- way of all proposed streets and shall contain adequate handicapped ramps at all intersections at intervals acceptable to the Virginia Department of Transportation. There shall be a grass strip between the street edge of the sidewalk and the curb face where sidewalks are required. Sidewalks are required as follows: 1. Along both sides of all local streets in any subdivision containing one or more lots of less than 15,OOOsf in size. 2. Along both sides of all collector and arterial streets. This section of the ordinance has become problematic in some circumstances due to the fact that it only requires sidewalks on proposed streets, not existing streets. Therefore, if a development proposal (site plan for example) is submitted for a property on an existing street that would otherwise require a sidewalk, they are not required to construct a sidewalk because the street is already in existence. While staff has worked with engineers and developers to ensure that they are providing sidewalks for all developments when appropriate, the wording of the ordinance has created problems and has lead to some developments not providing sidewalks. The Subdivision Ordinance § 144-33 — Commercial and Industrial Design Standard Exemptions currently provides exemptions for commercial and industrial properties for Curbs and Gutters (144- 17L), Sidewalks and Pedestrian Walkways (144-18) and Streetlights (144-19). This exemption allows commercial and industrial properties that are located on collector and arterial streets to not provide sidewalks. Some examples of collector and arterial streets that have commercial and industrial properties include Valley Pike, Martinsburg Pike, Front Royal Pike, Warrior Drive, Channing Drive and Fairfax Pike. While some developments have proffered bicycle/pedestrian facilitates or sidewalks along their respective roadway, there are properties along these roadways that do not have proffers and they should not be exempt from providing sidewalks on collector and arterial roads. In an effort to ensure that all developments on existing or new collector roads provide sidewalks, staff is requesting the DRRS consider this amendment. In considering this issue, the DRRS is asked to address multiple points. These include: • Should developments be required to provide sidewalks on proposed and existing streets. • Should commercial and industrial properties be required to provide sidewalks along collector and arterial streets. 4 • Should the ordinance be revised to require 10' asphalt pedestrian facilities when called for in the Comprehensive Policy Plan. Staff has provided a copy of the ordinance as it exists currently in the Subdivision Ordinance as well as an example of how the ordinance could be revised. If the DRRS is supportive of this ordinance amendment, staff will forward it to the Planning Commission and Board of Supervisors for their consideration. Attachments: 1. Existing Ordinances. 2. Existing Ordinances with proposed deletions shown in blacklinc and additions shown in bold italics. 3. Proposed Ordinances (clean version). ATTACHMENT 1 § 144-17 SUBDIVISION OF LAND § 144-18 corridors. Major collectors shall have a projected average daily traffic count at full build out from 3,001 to 6,000 average daily trips or be streets designated as major collectors by the Frederick County Comprehensive Plan. [Amended 9-13-1995] (a) Minimum right-of-way shall be 80 feet. (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. The minor arterial shall have a projected average daily traffic count at full build out from 6,001 to 8,000 average daily trips or be street designated as a minor collector by the Comprehensive Plan and shall be constructed to the following standards in accordance with projected traffic: [Amended 9-13-19951 (a) Minimum right-of-way shall be 90 feet. (5) Major arterial. A "major arterial" shall be a street designed as a major carrier of through traffic having a projected average daily traffic count at full build out of over 8,000 average daily trips or be designated as a major collector by the Frederick County Comprehensive Plan and shall be constructed to the following standards: (a) Minimum right-of-way width shall be 100 feet. (b) Controlled access with service drives shall be required. L. Curbs and gutters. Curbs and gutters shall be constructed along both sides of all streets in any subdivision containing lot(s) less than 15,000 square feet or lot widths of 80 feet or less at the street. The subdivider shall determine the curb cuts necessary for entrance locations for any subdivision that requires curbs and gutters at the subdivision design plan stage. The Planning Commission may allow for alternatives to curbs and gutters where it is determined that improved stormwater management, such as reduced concentration of peak flow for a drainage shed, would be achieved without it. [Amended 8-24-20041 M. Street signs. Street signs shall be required at all street intersections in all subdivisions. Signs other than those conforming to typical Virginia Department of Transportation standards may be permitted by the Planning Commission if the size and design are deemed appropriate. The subdivider shall submit a maintenance plan for any sign that does not conform to Virginia Department of Transportation standards, which must be approved by the Planning Conunission. No occupancy permit will be issued for any dwellings within a subdivision prior to the placement of required street signs serving those residences. § 144-18. Sidewalks and pedestrian walkways. A. Sidewalks shall be installed in the right -o€ --way and adjacent to the boundary of the right-of-way of all proposed streets and shall contain adequate handicapped ramps at all 144:17 06-15-2007 § 144-18 FREDERICK COUNTY CODE § 144-20 intersections at intervals acceptable to the Virginia Department of Transportation. There shall be a grass border strip between the street edge of the sidewalk and the curb face where sidewalks are required. Sidewalks are required as follows: (1) Along both sides of all local streets in any subdivision containing one or more lots of less than 15,000 square feet in size. (2) Along both sides of all collector and arterial streets. B. The Planning Commission may waive the sidewalk requirement along local streets when pedestrian walkways are provided that allow pedestrian access to each lot or use. Such walkways must provide appropriate connections to pedestrian systems on adjoining properties. C. All sidewalks and walkways shall be a minimum of four feet wide. Sidewalks shall conform to VDOT standards. Alternative walkways shall be approved by the Planning Commission and shall be constructed in a manner that is acceptable to the Subdivision Administrator. § 144-19. Streetlights. Streetlights of adequate type and intensity shall be required to promote public health and safety in any subdivision containing lots of less than 15,000 square feet in size. Streetlights shall be provided at all intersections when required. The design proposal for streetlighting shall be approved by the Subdivision Administrator. The Planning Commission may waive the requirement for streetlights. § 144-20. Sewer and water service. Generally, in the sewer and water service area designated by the Frederick County Comprehensive Plan or where public sewer and water is available, such service shall be extended by the developer to all lots within a subdivision and throughout the limits of the property to adjoining properties. Such facilities shall meet all regulations and specifications of the Frederick County Sanitation Authority or other applicable federal, state or local agencies. A. Central sewer or water systems. Any person proposing the construction of a central sewer or water facility shall obtain a written agreement with the Frederick County Sanitation Authority, prior to final subdivision plat approval, which states that said facility shall become the property of the Sanitation Authority. Such systems shall only be constructed if they are in conformance with the policies set forth in the Comprehensive Plan. B. Private sewage systems. Installation of privately owned sewage collection and treatment facilities shall meet all the requirements of the State Water Control Board, the Virginia Department of Health and any other state or local agencies having authority over such installations. Such facilities shall not be designed or utilized to serve more than one residence. C. Individual on -lot systems. The Subdivision Administrator shall not approve any subdivision where a public sanitary sewer system is not provided unless a written 144:18 06-15-2007 ATTACHMENT 1 § 144-32 SUBDIVISION OF LAND § 144-34 of Planning and Development when the transfer of control to the property owners' association occurs. D. Financial procedures. Within subdivisions containing 20 or more lots, all funds associated with a property owners' association shall be maintained in interest-bearing escrow accounts approved by the property owners' association's board of directors. The treasurer of the property owners' association shall be bonded and shall be responsible for providing annual statements, preparing and submitting an annual budget and making financial recommendations to the board of directors. E_ Maintenance. All private common areas, easements, stormwater management facilities and dedicated facilities shall be continuously maintained in a fashion where the use, function and appearance is in conformance to the provisions of the Frederick County Code. The County shall have the right to inspect any common area, easement, stormwater management facility or dedicated facility to ensure that the requirements of the Frederick County Code are complied with. If the maintenance of common areas, easements, stormwater management facilities or dedicated facilities is neglected or becomes a danger to public health or safety, the locality shall have the authority to perform the work necessary to bring the area into compliance with all applicable codes and recover all costs from the owner(s). F. Penalties. In the event that the subdivider or the property owners' association is found to be in violation of any provision established in this section, the County of Frederick shall have all powers of enforcement to ensure compliance with all applicable laws, codes and regulations. § 144-33. Commercial and industrial design standard exemptions. All commercial and industrial subdivisions shall be exempted from the following sections of Article V of this chapter: A. Section 144-17L, Curbs and gutters. B. Section 144-18, Sidewalks and pedestrian walkways. C. Section 144-19, Streetlights. ARTICLE VI Plan Requirements § 144-34. Certification required. All subdivision design plans and final plats shall be prepared by a registered engineer or certified surveyor duly licensed by the State of Virginia, who shall practice within the limits of his license. 144:27 06- 15-2007 ATTACHMENT 2 Existing Ordinance with proposed additions: §144-18. Sidewalks and pedestrian walkways. A. 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. There shall be a grass strip between the street edge of the sidewalk and the curb face where sidewalks are required. Sidewalks are required as follows: 1. Along both sides of all local streets in any subdivision containing one or more lots of less than 15,000sf in size. 2. Along both sides of all collector and arterial streets. B. The Planning Commission may waive the sidewalk requirement along local streets when the pedestrian walkways are provided .that allow pedestrian access to each lot or use. Such walkways must provide appropriate connections to pedestrian systems on adjoining properties. C. All sidewalks and walkways shall be a minimum of four feet wide. Sidewalks shall conform to VDOT standards. Alternative walkways shall be approved by the Planning Commission and shall be constructed in a manner that is acceptable to the Subdivision Administrator. ATTACHMENT 2 Existing Ordinance with Proposed Deletion: §144-33. Commercial and industrial design standard exemptions. All commercial and industrial subdivisions shall be exempt from the following sections of article V of this chapter: A. Section 144-17L, Curbs and gutters. I�JZ��JR •��I��r�it�}Z�l ��\RLY!.��wZl1����11��1i ��\l�I�f�����'1���\��'IR�I.}. C. Section 144-19, Streetlights. ATTACHMENT 3 Proposed Ordinance (clean version) §144-18. Sidewalks and pedestrian walkways. A. 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. There shall be a grass strip between the street edge of the sidewalk and the curb face where sidewalks are required. Sidewalks are required as follows: 1. AIong both sides of all local streets in any subdivision containing one or more lots of less than 15,000sf in size. 2. Along both sides of all collector and arterial streets. B. The Planning Commission may waive the sidewalk requirement along local streets when the pedestrian walkways are provided that allow pedestrian access to each lot or use. Such walkways must provide appropriate connections to pedestrian systems on adjoining properties. C. All sidewalks and walkways shall be a minimum of four feet wide. Sidewalks shall conform to VDOT standards. Alternative walkways shall be approved by the Planning Commission and shall be constructed in a manner that is acceptable to the Subdivision Administrator. ATTACHMENT 3 Proposed Ordinance (clean version): §144-33. Commercial and industrial design standard exemptions. All commercial and industrial subdivisions shall be exempt from the following sections of article V of this chapter: A. Section 144-17L, Curbs and gutters. B. Section 144-19, Streetlights. Item #2: Expansion of Existing Right -of -Way The requirement for right-of-way dedication within Frederick County for existing roads is covered under The Frederick County Subdivision Ordinance § 144-17E — Expansion of existing right-of-way. This portion of the ordinance currently requires dedication only when property is proposed for subdivision. This section of the ordinance reads: Whenever a property proposed for subdivision abuts one side of an existing or platted public street, the subdivider shall dedicate '/z of the total right-of-way necessary to meet the right-of-way width for the street as contained in this chapter or for future expansion of the street as determined by the Virginia Department of Transportation or Frederick County. Any required setbacks or buffers shall be measured from the edge of this dedicated right-of-way. This section of the ordinance has become problematic in some circumstances due to the fact that it only requires right-of-way dedication when property is being subdivided. Therefore, if a development proposal (site plan for example) is submitted for a property on an existing street that currently does not have adequate right-of-way, unless the applicant is willing to provide the right-of- way, Frederick County cannot require it be dedicated. While staff has worked with engineers and developers to ensure that they are providing adequate right-of-way for all projects, the wording has created problems and could potentially lead to some developments not dedicating needed right-of- way. In an effort to ensure that all developments on existing roads dedicate adequate right-of-way, staff is requesting the DRRS consider this amendment.. In considering this issue, the DRRS is asked to address the issue of whether or not all developments (not just subdivisions) should be required to dedicate right-of-way on existing roads. Staff has provided a copy of the ordinance as it exists currently in the Subdivision Ordinance as well as an example of how the ordinance could be revised. If the DRRS is supportive of this ordinance amendment, staff will forward it to the Planning Commission and Board of Supervisors for their consideration. Attachments: 1. Existing Ordinance. 2. Existing Ordinance with proposed additions shown in bold italics. 3. Proposed Ordinance (clean version). 4 ATTACHMENT 1 § 144-17 SUBDIVISION OF LAND § 144-17 (1) Streets shall intersect at approximately right angles_ The Planning Commission may allow intersections of lesser angles. In no cafe shall a street intersect another at an angle of less than 80'. (2) No more than two streets shall intersect at the same point. (3) Wherever possible, the intersection of two streets on the opposite sides of a street shall be cross intersections. The center -line offsets of local or collector streets not at cross intersections shall not be less than 300 feet. Any street intersecting with an arterial street shall have a minimum center -line offset of 800 feet from any other street intersecting that same arterial street. Distances shall be measured from center line to center line of the two intersecting streets along the center line of said arterial street. E. Expansion of existing right-of-way. Whenever a property proposed for subdivision abuts one side of an existing or platted public street, the subdivider shall dedicate 1/2 of the total right-of-way necessary to meet the right-of-way width standards for the street as contained in this chapter or for future expansion of the street as determined by the Virginia Department of Transportation or Frederick County. Any required setbacks or buffers shall be measured from the edge of this dedicated right-of-way. F. Motor vehicle access. (l) All new lots created on collector or arterial roads shall meet the requirements regarding minimum driveway spacing as specified in Article IV of Chapter 165, Zoning. Any lot created that can not meet the requirements of the Chapter 165, Zoning, shall provide easements for shared access that will be reviewed for approval at the subdivision design plan or final plat review stage. (2) Whenever a proposed subdivision contains or is adjacent to an existing or recorded arterial street, the Planning Commission may require road improvements, such as acceleration and deceleration lanes, service drives approximately parallel to such right-of-way, reverse frontage lots with buffers and screening along a nonaccess strip at the back of the lots, deep lots or other such treatments as may be necessary to adequately protect residential properties and provide separation of through and local traffic. The design of such features shall be determined based on traffic safety considerations. G. Cuts -de -sac. (1) Culs-de-sac, permanently designed as such, shall not exceed 1,000 feet in length. The Planning Commission may waive this requirement in cases where extreme topography or other factors make it impractical. In no case shall the street serve more than 25 lots. The turnaround provided shall have a right-of-way radius of not less than 50 feet and a paved radius of not less than 45 feet. Loop streets are preferred to culs-de-sac, where possible. (2) Any street dead -ended for access to an adjoining property or because of approved -- stage development, which is over 200 feet in length, shall be provided with a temporary, all-weather, fifty -foot turnaround. The plan shall note that the land 144:15 06-15-2007 ATTACHMENT 2 Proposed Ordinance with additions: E. Expansion of existing right-of-way. Whenever a property proposed for subdivision or development abuts one side of an existing or platted public street, the subdivider or developer shall dedicate '/2 of the total right-of-way necessary to meet the right-of-way width for the street as contained in this chapter or for future expansion of the street as determined by the Virginia Department of Transportation or Frederick County. Any required setbacks or buffers shall be measured from the edge of this dedicated right-of-way. ATTACHMENT 3 Proposed Ordinance (clean version) E. Expansion of existing right-of-way. Whenever a property proposed for subdivision or development abuts one side of an existing or platted public street, the subdivider or developer shall dedicate '/2 of the total right-of-way necessary to meet the right-of-way width for the street as contained in this chapter or for future expansion of the street as determined by the Virginia Department of -Transportation or Frederick County. Any required setbacks or buffers shall be measured from the edge of this dedicated right-of-way.