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DRRC 08-28-08 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development MEMORANDUM To: Development Review and Regulations Subcommittee From: Candice E. Perkins, AICP, Senior Planner C'(�Q Subject: August Meeting and Agenda Date: August 19, 2008 540/665-5651 FAX: 540/665-6395 The Frederick County Development Review and Regulations Subcommittee (DRRS) will be meeting on Thursday, August 28, 2008 at 7:30 p.m. in the first floor conference room (purple room) of the County Administration Building, 107 North Bent Street, Winchester, Virginia. The DRRS will discuss the following agenda items: AGENDA 1) Outdoor Lighting. Continued discussion of revisions to the Frederick County Zoning Ordinance to implement outdoor lighting standards. 2) New Office -Manufacturing Park District. Continued discussion on revisions to the Frederick County Zoning Ordinance for a new zoning district to implement the mixed use industrial/office land use classification of the Comprehensive Policy Plan. 3) Buffer Requirements Adjacent to Rail Road Lines. Discussion on revisions to the Frederick County Zoning Ordinance pertaining to buffer and screening requirements adjacent to rail road lines. 4) Age -restricted Multi -Family Housing. Continued discussion of revisions to Section 165- 58 (RP Residential Performance District) of the Frederick County Zoning Ordinance to add age -restricted multi -family housing. 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: Outdoor Lighting At the June 2008 meeting, the DRRS discussed proposed new outdoor lighting standards. Since that meeting, staff has received comments from the County Attorney. The draft ordinance has since been revised and is being sent back to the DRRS for continued discussion. Currently, the Frederick County Zoning Ordinance does not contain any standards for outdoor lighting. The only requirement currently is that lighting doesn't create a nuisance due to glare. The Nuisance (§165-35) element of the ordinance states that "outdoor lighting shall be arranged to deflect glare away from adjoining properties and public streets. Sources of lighting on a lot shall be hooded or controlled to prevent glare beyond the lot line". While this nuisance ordinance may have been sufficient in the past, with the rate of development the County has seen, this vague ordinance is not adequate. Therefore, staff has created draft lighting standards for discussion at the June DRRS meeting. The draft standards include elements that will apply to all outdoor lighting as well as portions that apply to nonresidential uses (commercial/industrial, etc.), as well as multifamily uses. New definitions that correspond to the lighting standards are included as well. 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. Draft lighting ordinance. 2 Draft - Outdoor Lighting Standards Outdoor Lighting Standards. The purpose and intent of this section is to establish outdoor lighting standards that reduce the impacts of glare, light trespass and overlighting; promote safety and security; and encourage energy conservation. A. Application and General Provisions. 1. Except as provided for F of this Section, these standards shall apply to the installation of new outdoor lighting fixtures or the replacement of existing fixtures. Replacement of a fixture shall mean a change of fixture type or change to the mounting height or location of the fixture. Routine lighting fixture maintenance, such as changing lamps or light bulbs, ballast, starter, photo control, housing, lenses and other similar components, shall not constitute replacement and shall be permitted provided such changes do not result in a higher lumen output. B. General Outdoor Lighting Standards. 1. All outdoor lighting fixtures shall be designed, shielded, aimed, located and maintained to shield adjacent properties and to not produce glare onto adjacent properties or roadways. Parking lot fixtures and light fixtures on buildings shall be full cut-off fixtures. 2. Flashing, revolving, or intermittent exterior lighting visible from any property line or street shall be prohibited. High intensity beams, such as, but not limited to, outdoor searchlights, lasers or strobe lights shall be prohibited. 3. Light fixtures, including mounting base, shall not be more than twenty-five (25) feet in height above finished grade unless the Zoning Administrator determines that an increase in height, not to exceed ten (10) additional feet, would reduce the total number of light fixtures for the site and still meet the intent of the Ordinance. 4. Building mounted lighting fixtures shall not be mounted more than thirty (30) feet above grade. 5. Except for internally illuminated signs, the use of lighting fixtures, which are enclosed in clear or translucent white, off-white or yellow casing, shall not be permitted on the roofs of buildings or on the sides of canopies. 6. All lighting shall be oriented not to direct glare or excessive illumination onto streets in a manner that may distract or interfere with the vision of drivers on such streets. 7. Lighting used to illuminate flags, statues, signs or any other objects mounted on a pole, pedestal or platform, spotlighting or floodlighting used for architectural or landscape Draft - Outdoor Lighting Standards purposes, shall consist of full cut-off or directionally shielded lighting fixtures that are aimed and controlled so that the directed light shall be substantially confined to the object intended to be illuminated. Directional control shields shall be used where necessary to limit stray light. C. Photometric Plan Requirements I. A Photometric Lighting Plan shall be submitted and approved in conjunction with any site plan required by Article XIX. Photometric plan submitted with site plan shall be current (less than 30 days old) and must be certified by the National Council on Qualifications for the Lighting Professions (NCQLP), or a State licensed professional engineer, architect, landscape architect or land surveyor. 2. All such required plans shall include the following: a) Plans indicating the location on the premises of all lighting fixtures, both proposed and already existing on the site, including a schematic layout of proposed outdoor lighting fixture locations that demonstrate adequate intensities and uniformity, and the light coverage resulting from the proposed lighting layout. b) Description of all lighting fixtures, both proposed and existing, which shall include but are not limited to catalog cuts and illustrations by manufactures that describe the equipment, including , lamp types, wattage and initial lumen outputs, glare control devices, lamps, proposed placement of all fixtures, including engineering detail of fixtures, manufacturer, model and installation of same. c) Photometric data, such as that furnished by manufactures, or similar showing the angle cut-off light emissions and glare -control devices. d) Mounting height of all fixtures. D. Outdoor Lighting Standards for Nonresidential Uses. 1. The average maintained lighting levels for nonresidential uses shall not exceed the following standards: a) Five (5) foot-candles for parking lot and other areas. b) Ten (10) foot-candles along fronts of buildings and along main drive aisles. Draft - Outdoor Lighting Standards .�� c) Thirty (30) foot-candles for high security areas, such as, but not limited to teller machines (ATM's), motor vehicle display areas and vehicle fuel station canopies, but not including parking lots. 2. Light fixtures under any canopy shall consist of full cut-off lighting fixtures where the light source is either completely flush or recessed within the underside of the canopy. The portions of the canopy not included in the sign area shall not be illuminated_ 3. Lighting levels shall not exceed 0.2 foot-candles at any common property line with property zoned, used as or planned for residential or agricultural uses. In addition all light poles shall be equipped with supplemental opaque shielding on the residential property side of the lighting fixture to reduce glare caused by direct light source exposure. 4. Lighting levels shall not exceed 5.0 foot-candles at any common property line with property zoned, used as or planned for commercial or industrial uses. 5. Lighting levels shall not exceed 5.0 foot-candles at any edge of a property line adjacent to a street or road right-of-way. E. Outdoor Lighting Standards for Multifamily Uses. 1. The average maintained lighting levels for multifamily units shall not exceed the following: a) 0.5 foot-candles at property line boundaries. b) Ten (10) foot-candles at buildings, parking lots and other areas. F. Exemptions from Lighting Ordinance. 1. Lighting fixtures and standards required by the Federal Communications Commission, Federal Aviation Administration, Federal and State Occupational Safety and Health Administrations, or other federal, state or county agencies, to include street lights within the public right-of-way. 2. Outdoor lighting fixtures required by law enforcement, fire and rescue, the Virginia Department of Transportation or other emergency response agencies to perform emergency or construction repair work, or to perform nighttime road construction on major thoroughfares. Draft - Outdoor Lighting Standards 3. Security lighting controlled and activated by motion sensor devices for a duration of 5 minutes or less, but not to exceed the applicable foot-candle limits stated elsewhere in this section. ARTICLE XXII Definitions §165-156. Definitions and word usage. [Amended 11-13-1.991] Foot -Candle — A measure of light falling on a surface. One (1) foot-candle is equal to the amount of light generated by one (1) candle shining on one (1) square foot surface located one (1) foot away. Foot- candle measurements shall be made with a photometric light meter with a specified horizontal orientation. Lighting Fixture — A complete lighting unit consisting of the lamp, lens, optical reflector, housing and an electrical components necessary for ignition and control of the lamp, which may include a ballast, starter and/or photo control. Lighting Fixture, Directionally Shielded — A lighting fixture which emits a light distribution where some light is emitted at or above a horizontal plan located at the bottom of a fixture. Such fixtures may contain visors, louvers, or other types of shields or lenses which are designed to direct light onto a target area and to minimize stray light. Lighting fixture, full cut-off - A lighting fixture from which zero (0) percent of its light output is emitted at or above ninety (90) degrees from horizontal (a horizontal plane drawn through the bottom of the light fixture) and no more than ten (10) percent above eighty (80) degrees from the horizontal. Light fixture, recessed canopy — An outdoor lighting fixture recessed into a canopy ceiling so that the light source is either completely flush or recessed within the underside of the canopy. Maintained Lighting Level — A level of illumination which results when the initial output of the lamp is reduced by certain light loss factors. Such light loss factors typically include lamp depreciation and dirt accumulation on lenses and other light fixtures components. For the purpose of this Chapter, the maintained lighting level shall represent an average foot-candle level measured over a specified area. Item #2: Office -Manufacturing Park District Staff has been working on a new zoning district which is intended to implement the new Route 277 Land Use Plan that was adopted by the Board of Supervisors. The intent of this district is to implement the mixed-use industrial/office land use classification of the Comprehensive Policy Plan. The OM Park District is designed to provide areas for research and development centers, office parks, and minimal impact industrial and assembly uses. While the catalyst for this district was the identified land use in the Route 277 study, it has the potential to be applied in other areas designated for industrial uses. The primary uses that would be permitted in this district consist of target business as determined by the Economic Development Commission Design and development standards have also been introduced with this proposed new ordinance. These standards include minimum district sizes, standards for building materials, screening requirements for loading areas, as well as the prohibition of outdoor storage areas. The NAICS work group has reviewed this draft ordinance on three occasions and endorsed the ordinance on May 13th. The DRRS first discussed this draft ordinance on May 22, 2008. The DRRS suggested minor changes and requested that the ordinance be brought back once comments were received by the Industrial Parks Association (IPA). The draft ordinance was sent to the IPA and, to date, no comments have been received. 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. Proposed OM Park District Requirements. 2. Dimensional and intensity requirements. 3. Route 277 Land Use Map, 3 DR14 'T - 0-41FA_ K D1N11t1CT- May 2y, 2UU6 Office -Manufacturing Park District Office -Manufacturing (OM) Park District. The intent of this district is to implement the mixed use industrial/office land use classification of the Comprehensive Policy Plan. The OM Park District is designed to provide areas for research and development centers, office parks, and minimal impact industrial and assembly uses. Uses are allowed which do not create noise, smoke, dust or other hazards. This district shall be located in a campus like atmosphere near major transportation facilities. Permitted Uses Standard Industrial Classification (SIC) Furniture and Related Product Manufacturing 25 Pharmaceutical and Medicine Manufacturing 283 Industrial and Commercial Machinery 3 5 And Computer Equipment Manufacturing Electronics and other Electrical Equipment 3 6 And Components Manufacturing Excluding uses in italics: Storage batteries 3691 Primary batteries 3692 Aircraft and Parts Manufacturing 372 Medical Equipment and Supplies Manufacturing 38 Publishing Industries 27 Rubber and Miscellaneous Plastics Manufacturing 30 Excluding uses in italics: Tires and Inner Tubes 3011 Fabricated Metal Products 34 Employment Services 736 Computer Programming, Data Processing, and 737 Other Computer Related Services Legal Services 81 Engineering, Accounting, Research 87 Management, and Related Services Medical Laboratories 8071 Public Administration Business signs Signs allowed in §165-30B Freestanding building entrance signs Multi -tenant complex signs Electronic Message signs DRAFT - OAT PARIC DITRICT- Hay 21, 2Uus 91-97 Secondary or Accessory Uses. The following uses shall be permitted by right in the OM Park District, but only in conjunction with, and secondary to, a permitted principle use in accordance with section 165-26. Secondary Uses Standard Industrial Classification (SIC) Insurance Carriers and Services 63-64 Commercial Banks 602 Eating and Drinking Places 58 Except the following: Restaurants with drive-through uses ------ Food Services Contractors 5821 Caterers 5821 Mobile Food Services ------ Drinking Places 5813 Office Machinery and Equipment 7359 Rental and Leasing Physical Fitness Facilities for employees 7991 Child Day Care Services 8351 Office Machine Repair and Maintenance 7629 Dry Cleaning and Laundry Services 721 Except the following: Linen supply 7213 Dry Cleaning Plants- industrial lants industrial launderers Design Requirements. DRAFT - OM FAKK DINJIUCT - May LY, IUU6 7216 7218 A. Minimum Size. No OM Park District rezoning shall be approved for less than ten (10) contiguous acres. (1) There shall be no minimum lot size. (2) There shall be no minimum lot width or depth. B. Development Standards. The following standards shall apply in the OM Park District. (1) This district shall be planned and developed with a harmonious coordination of uses, architectural styles, landscaping, parking, signs and outdoor lighting. (2) This district shall be developed with a campus like atmosphere near major transportation facilities. (3) Any building shall be faced on all sides facing road right-of-ways with durable, attractive, high quality materials, comparable to clay brick, stone, wood, architectural concrete masonry unit (e.g., regal stone, split face, precision, ground face) or precast concrete panels. (4) Loading docks or loading entrances shall be blocked from view from public streets, by utilizing board -on -board fencing, masonry walls, or evergreen tree plantings. (5) Outdoor storage shall be prohibited. (6) All OM Park districts shall have access to a state road. §165-83. Dimensional and intensity requirements. A. The following table describes the dimensional and intensity requirements for the business and industrial Districts: Requirement B1 Front yard setback on 50 Primary or arterial highways (feet) Front yard setback on 35 Collector or minor streets (feet) Side yard setbacks (feet) -- Rear yard setbacks (feet) -- Floor area to lot area ratio .03 (FAR) Minimum landscaped area 35 (percentage of lot area) Maximum height (feet) 35 District B2 B3 OM Ml M2 50 50 50 75 75 35 35 35 75 75 -- 15 15 25 25 15 15 25 25 1.0 1.0 1.0 1.0 15 25 15 25 15 35 35 60 60 60 17) i oute 277 Triangle& Urban Center Study Pfo-te-ritial Future Land Use - DRAFT Tk5KFR RD, ash oever aementar)(:,''.' 46 bei Ailor I'Frederic'kt0 wne Rdrile Sherando Cedar P rk A a. Meadows —Z FAI AK%! Al ft V& 100 ;�� ,\� :\ pnz ExitThe .ti �� r 307 n Meadows, - -�Sherando Park w` Ig K chool, N Mead ows Edge 5SouthernL Hill Double Church & Forestral District Potential Future Land Use Urban Center Current Park Potential Future Transportation Residential Neighborhood Village/Commercial Current School *ON )New Major Arterial Commercial Mixed Use Commercial / Office Double Church 40%0 New Major Collector Industrial Mixed Use industrial /Office Ag & Forestral District New Minor Collector Planned Unit Development Natural Resource & Recreation Rural Community Center O Roundabout Intersection Mobile Home Community %j, Rural Area 0 Relocated Exit 307 Interchange !�J' TAkir kt-,Woods 4� VF or"esty Armel Rural Community Cent er 7t 0 0.125 0.25 0.5 Miles Item #3: Buffer Requirements Adjacent to Rail Road Lines Per the Frederick County Zoning Ordinance, Zoning District Buffers are required to be provided when property is developed adjacent to other uses or other zoning districts per §165-37D(I)b. The section of the ordinance does not, however, address buffering requirements when the zoning districts are separated by a rail road line. Staff has been directed to prepare a revision to the Zoning Ordinance to address properties adjacent to rail road lines. The proposed text would be added to § 165-37D and is proposed to state the following: §165-37D. Buffer and Screening Requirements. §165-37D(1)b (11) Whenever land is to be developed in the Bl, B2, B3, MI or M2 Zoning Districts that is adjacent to a rail road line that has property zoned Bl, B2, B3, MI or M2 on the opposite side of the railroad line, Zoning District Buffers shall not be required In the event that residential uses are located on the opposite side of the rail road line, Zoning District Buffer as required by §165-37D(I)b shall be provided. In the event that a Zoning District Buffer is required, the distance of the railroad line maybe towards their required Zoning District Buffer distance. 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 (§165-37D). 2. Proposed Ordinance Revision. 11 § 165-37 FREDERICK COUNTY CODE § 165-37 (b) Buffers shall be placed between the lot line of the lot containing the single-family detached traditional and cluster structures or lots designated by b an approved master development plan as single-family lots and the non -single-family structures. (2) Perimeter apartment or multiplex separation buffers. (a) Wherever possible and practical, garden apartments and multiplex structures shall not be placed adjacent to other types of residential structures. If other types of residential structures must be placed adjacent to garden apartments or multiplex structures, the following buffers are required: (b) Buffers shall be placed between the garden apartment or multiplex structures and the lot line of the lots containing the other housing types. (3) Interior residential screening. This buffer shall be designated as a continuous landscaped easement that will be placed between single-family detached traditional and cluster dwellings and other housing types. This landscaped easement shall be at least 10 feet in depth and contain a double row of evergreen trees. Each row of evergreen trees shall be a minimum of four feet in height at time of planting and spaced no more than eight feet apart. If natural barriers, topography or other features achieve the function of an interior separation buffer, the requirement may be waived by the Planning Commission. D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain different zoning districts. (1) Buffers shall be provided on the land to be developed according to the categories in the following tables: (a) Buffer categories: Distance Buffer Required Inactive Active Screening (Minimum) (Maximum) Total Category Provided (feet) (feet) (feet) A Full screen — — — 165:52 06-15.2007 Distance Buffer Required Inactive Active (Minimum) (Maximum) Total Screening Provided (feet) (feet) (feet) Full screen 75 25 100 Landscape screen 150 50 200 No screen 350 50 400 (b) Buffers shall be placed between the garden apartment or multiplex structures and the lot line of the lots containing the other housing types. (3) Interior residential screening. This buffer shall be designated as a continuous landscaped easement that will be placed between single-family detached traditional and cluster dwellings and other housing types. This landscaped easement shall be at least 10 feet in depth and contain a double row of evergreen trees. Each row of evergreen trees shall be a minimum of four feet in height at time of planting and spaced no more than eight feet apart. If natural barriers, topography or other features achieve the function of an interior separation buffer, the requirement may be waived by the Planning Commission. D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain different zoning districts. (1) Buffers shall be provided on the land to be developed according to the categories in the following tables: (a) Buffer categories: Distance Buffer Required Inactive Active Screening (Minimum) (Maximum) Total Category Provided (feet) (feet) (feet) A Full screen — — — 165:52 06-15.2007 Z95 165-37 ZONING ; 165-37 (b) Buffer categories to be provided on land to be developed according to the zoning of the adjoining land: [Amended 9-12-2001] Zoning of Adjoining Land Zoning of Land To Be Developed RP Distance Buffer Required R5 MH1 BI Inactive Active M1 M2 Screening (Minimum) (Maximum) Total Category Provided (feet) (feet) (feet) A Landscape — — — R4 screen - - - A No screen 25 25 50 B Full screen 25 25 50 B Landscape 75 25 100 A screen A A MH1 B No screen 150 50 200 C Full screen 75 25 100 C Landscape 150 50 200 B screen - A A C No screen 350 50 400 (b) Buffer categories to be provided on land to be developed according to the zoning of the adjoining land: [Amended 9-12-2001] Zoning of Adjoining Land Zoning of Land To Be Developed RP R4 R5 MH1 BI B2 B3 M1 M2 EM MS RP - - - - A A A A A A A R4 - - - - A A A A A A A R5 - - - - A A A A A A A MH1 C C C - B B B B A A C 131 B B B B - - A A A A B B2 B B B B - - A A A A B B3 C C C C B B - - - - C M1 C C C C B B - - - - C M2 C C C C B B B B - - C EM C C C C B B B B - - C MS C C C C B B B B B C - (2) If a lot being developed is adjacent to developed land which would normally be required to be provided with a buffer but which does not contain the buffer, the required buffer shall be provided on the lot being developed. The buffer to be provided shall be of the larger category required on either the lot being developed or the adjacent land. Such buffer shall be in place of the buffer normally required on the lot being developed. The buffer may include required setbacks or buffers provided on the adjacent land. (3) Whenever land is to be developed in the B-1 (Neighborhood, Business) or B-2 (Business, General) Zoning District that is adjacent to land primarily used for 165:53 06-15-2007 § 165-37 FREDERICK COUNTY CODE § 165-37 residential use in the RA (Rural Areas) Zoning District, a B Category buffer shall be provided on the land to be developed. The Board of Supervisors may grant a waiver to reduce the required buffer distance requirements "with the consent of the adjacent (affected) property owners. Should a waiver be granted by the Board of Supervisors, the distance requirements of § 165-37D(1)(a) may be reduced, provided the full screening requirements of this section are met. [Amended 3-9-2005] (4) Whenever land is to be developed in the B3, M1 or M2 Zoning District that is adjacent to land primarily used for residential purposes in the RA Rural Areas Zoning District, a C Category buffer shall be provided on the land to be developed. (5) Whenever land is to be developed in the MS Zoning District that is adjacent to land primarily used for residential purposes in the RA (Rural Areas) Zoning District, a C Category buffer shall be provided on the land to be developed.9 Whenever land is to be developed in the MS Zoning District that is adjacent to all other land zoned RA (Rural Areas) Zoning District, the requirements for buffer and screening shall be provided in accordance with § 165-102 of this chapter. [Added 9-12-20011( ] (6) The Planning Commission may waive any or all of the requirements for the zoning district buffers on a particular site plan when all uses shown on the site plan are allowed in the zoning district in which the development is occurring and in the adjoining zoning districts. (7) Where B3 (Industrial Transition) zoning adjoins B2 (Business General) zoning on land contained within a master development plan, the Planning Commission may allow for specific modifications in screening requirements. [Added 4-12-19951 (a) Such modifications shall be allowed at the Commission's discretion, provided that all the following conditions are met. [1] The property line for which the modification is requested is internal to the land contained within the master development plan. [2] A specified use is proposed on the parcel for which the modification is requested. [3] The modification shall not involve a reduction to required buffer distances. [4] The proposed components of the buffer are clearly indicated on a site plan for the parcel. [5] The site plan is reviewed and approved by the Planning Commission. 9. Editor's Note: An example of a C Category buffer is included at the end of this chapter. 10. Editor's Note: This ordinance also renumbered former Subsection D(5) through D(9) as D(6) through 1)(10), respectively. 165:54 06-15-2007 § 165-37 ZONING § 165-37 (b) The approval of modified screening shall apply only for the specified use approved. Any change in use of the parcel including additions or site j alterations will require review by the Planning Staff and may require review by the Planning Commission and may result in the Commission revoking the modified screening approval. (8) Land proposed to be developed in the Ml Light Industrial District and the M2 Industrial General District may be permitted to have a reduced buffer distance that is consistent with the required side or rear building setback line, provided that the following requirements are met: [Added 3-13-1996] (a) The property to be developed with a reduced buffer distance is part of an approved master planned industrial park. (b) There are no primary or accessory uses within the reduced buffer distance area, including driveways, access drives, outdoor storage areas, parking areas, staging areas, loading areas and outdoor dumpster areas. All-weather surface fire lanes necessary to meet the requirements of Chapter 90, Fire Prevention, of the Code of Frederick County, Virginia, shall be exempt from this performance standard. (c) A full screen is required to be created within the reduced buffer distance area which shall be comprised of a continuous earth berm that is six feet higher in elevation than the highest elevation within the reduced buffer distance area and a double row of evergreen trees that are a minimum of six feet in height and planted a maximum of eight feet from center to center. (9) Proposed developments required to provide buffers and screening as determined by § 165-371)(1)(b) of this chapter may be permitted to establish a common shared buffer and screening easement with the adjoining property. The common shared buffer and screening easement shall include all components of a full screen which shall be clearly indicated on a site design plan. A legal agreement signed by all appropriate property owners shall be provided to the Department of Planning and Development and shall be maintained with the approved site design plan. This agreement shall describe the location of the required buffer within each property, the number and type of the plantings to be provided and a statement regarding the maintenance responsibility for this easement. The required buffer distance may be reduced by 50% for a common shared buffer easement if existing vegetation achieves the functions of a full screen. [Amended 6-12-19961 (10) When a flex -tech development is split by a zoning district line, the Planning Commission may allow for a reduction of the distance buffer and the relocation of the screening requirements. Such modifications shall be allowed at the Commission's discretion, provided that all of the following conditions are met: [Added 2-11-19981 (a) The zoning district boundary line for which the modification is requested is internal to the land contained within the master development plan. 165:55 06,15-2007 § 165-37 FREDERICK COUNTY CODE § 165-37 (b) The required landscape screen is relocated to the perimeter of the flex -tech development. This relocated landscape screen shall contain the same plantings that would have been required had the screen been placed along the zoning district boundary line. E. Road efficiency buffers. [Amended 9-13-1995; 5-8-2002] (1) All residential structures shall be separated from interstate, limited access, primary, major arterial, minor arterial or major collector roads, as designated by the Virginia Department of Transportation or the Frederick County Comprehensive Plan, by the following road efficiency buffers: (2) All road efficiency buffers shall begin at the edge of the road right-of-way, with the inactive, portion abutting the road right-of-way. All required elements of the full -distance buffer or the reduced -distance buffer identified in § 165-37E(3) shall be located within the inactive portion of the road efficiency buffer. The inactive portion of the road efficiency buffer is permitted to count towards the required percentage of common open space; however, no portion of a residential lot shall be located within the inactive portion of the road efficiency buffer. The active portion of the road efficiency buffer may be permitted to be located within a residential lot, provided that the primary structure is not located within the buffer area. Accessory structures may be located within the active portion of the road efficiency buffer, provided that the structures meet all applicable setback requirements. Access roads serving as the primary means of vehicular travel to residential subdivisions are permitted to traverse road efficiency buffers. (3) All road efficiency buffers shall contain evergreen trees intended to reach a minimum height of 20 feet at maturity. These evergreen trees shall provide a continuous screen, with plantings spaced no more than 10 feet apart. The full -distance buffer shall contain a double row of evergreen trees that are a minimum of four feet in height when planted. The reduced -distance buffer shall contain an earth berm that is six feet in height above the average road grade and 165:56 06-15-2007 Distance Buffer Required Inactive Active (minimum) (maximum) Total Road Type (feet) (feet) (feet) Interstate/ arterial/ limited access Full -distance buffer 50 50 100 Reduced -distance 40 40 80 buffer Major collector Full -distance buffer 40 40 80 Reduced -distance 40 10 50 buffer (2) All road efficiency buffers shall begin at the edge of the road right-of-way, with the inactive, portion abutting the road right-of-way. All required elements of the full -distance buffer or the reduced -distance buffer identified in § 165-37E(3) shall be located within the inactive portion of the road efficiency buffer. The inactive portion of the road efficiency buffer is permitted to count towards the required percentage of common open space; however, no portion of a residential lot shall be located within the inactive portion of the road efficiency buffer. The active portion of the road efficiency buffer may be permitted to be located within a residential lot, provided that the primary structure is not located within the buffer area. Accessory structures may be located within the active portion of the road efficiency buffer, provided that the structures meet all applicable setback requirements. Access roads serving as the primary means of vehicular travel to residential subdivisions are permitted to traverse road efficiency buffers. (3) All road efficiency buffers shall contain evergreen trees intended to reach a minimum height of 20 feet at maturity. These evergreen trees shall provide a continuous screen, with plantings spaced no more than 10 feet apart. The full -distance buffer shall contain a double row of evergreen trees that are a minimum of four feet in height when planted. The reduced -distance buffer shall contain an earth berm that is six feet in height above the average road grade and 165:56 06-15-2007 ATTACHMENT 2 § 165-37. Buffer and screening requirements. [Amended 6-13-19901 D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain zoning districts. (1) Buffers shall be provided on the land to be developed according to the categories in the following tables: (a) Buffer categories: Distance Buffer Required Zoning of Land Inactive Active Developed RP Screening (Minimum) (Maximum) Total Category Provided feet feet (feet) A Full screen --- --- A Landscape screen --- --- C A No screen 25 25 50 B Full Screen 25 25 50 B Landscape screen 75 25 100 B No screen 150 50 200 C Full screen 75 25 100 C Landscape screen 150 50 200 C No screen 350 50 400 (b) Buffer categories to be provided on land to be developed according to the zoning B of the adjoining land: [Amended 9-12-20011 B - Zoning of Land To Be MH1 Developed RP RP - R4 - R5 - MH1 C Bl B B2 B B3 C M1 C M2 C EM C MS C Zoning of Adjoining Land R4 R5 MH1 B1 B2 B3 M1 M2 EM MS A A A A A A A _ - - A A A A A A A _ - - A A A A A A A C C - B B B B A A C B B B - - A A A A B B B B - - A A A A B C C C B B - - - - C C C C B B - - - - C C C C B B B B - - C C C C B B B B - - C C C C B B B B B C - ATTACHMENT 2 (2) If a lot being developed is adjacent to developed land which would normally be required to be provided with a buffer but which does not contain the buffer, the required buffer shall be provided on the lot being developed. The buffer to be provided shall be of the larger category required on either the lot being developed or the adjacent land. Such buffer shall be in place of the buffer normally required on the lot being developed. The buffer may include required setbacks or buffers provided on the adjacent land. (3) Whenever land is to be developed in the B1 (Neighborhood Business) or B2 (Business, General) Zoning District that is adjacent to land primarily used for residential use in the RA (Rural Areas) Zoning District, a B Category buffer shall be provided on the land to be developed. The Board of Supervisors may grant a waiver to reduce the required buffer distance requirements with the consent of the adjacent (affected) property owners. Should a waiver be granted by the Board of Supervisors, the distance requirements of § 165-37D(1)(a) may be reduced, provided the full screening requirements of this section are met. [Amended 3-9-20051 (4) Whenever land is to be developed in the B3, M1 or M2 Zoning District that is adjacent to land primarily used for residential purposes in the RA Rural Areas Zoning District, a C Category buffer shall be provided on the land to be developed. (5) Whenever land is to be developed in the MS Zoning District that is adjacent to land primarily used for residential purposes in the RA (Rural Areas) Zoning District, a C Category buffer shall be provided on the land to be developed.i Whenever land is to be developed in the MS Zoning District that is adjacent to all other land zoned RA (Rural Areas) Zoning District, the requirements for buffer and screening shall be provided in accordance with § 165-102 of this chapter. [Amended 9-12-200121 (6) The Planning Commission may waive any or all of the requirements for the zoning district buffers on a particular site plan when all uses shown on the site plan are allowed in the zoning district in which the development is occurring and in the adjoining zoning districts. (7) [Added 4-12-19951 Where B3 (Industrial Transition) zoning adjoins B2 (Business General) zoning on land contained within a master development plan, the Planning Commission may allow for specific modifications in screening requirements. (a) Such modifications shall be allowed at the Commission's discretion, provided that all the following conditions are met. [1] The property line for which the modification is requested is internal to the land contained within the master development plan. [2] A specified use is proposed on the parcel for which the modification is requested. ATTACHMENT 2 [3] The modification shall not involve a reduction to required buffer distances. [4] The proposed components of the buffer are clearly indicated on a site plan for the parcel. [5] The site plan is reviewed and approved by the Planning Commission. (b) The approval of modified screening shall apply only for the specified use approved. Any change in use of the parcel including additions for site alterations will require review by the Planning Staff and may require review by the Planning Commission and may result in the Commission revoking the modified screening approval. (8) [Added 3-13-19961 Land proposed to be developed in the M1 Light Industrial District and the M2 Industrial General District may be permitted to have a reduced buffer distance that is consistent with the required side or rear building setback line, provided that the following requirements are met: (a) The property to be developed with a reduced buffer distance is part of an approved master planned industrial park. (b) There are no primary or accessory uses within the reduced buffer distance area, including driveways, access drives, outdoor storage areas, parking areas, staging areas, loading areas and outdoor dumpster areas. All- weather surface fire lanes necessary to meet the requirements of Chapter 90, Fire Prevention, of the Code of Frederick County, Virginia, shall be exempt from this performance standard. (c) A full screen is required to be created within the reduced buffer distance area which shall be comprised of a continuous earth berm that is six feet higher in elevation than the highest elevation within the reduced buffer distance area and a double row of evergreen trees that are a minimum of six feet in height and planted a maximum of eight feet from center to center. (9) Proposed developments required to provide buffers and screening as determined by § 165-371)(1)(b) of this chapter may be permitted to establish a common shared buffer and screening easement with the adjoining property. The common shared buffer and screening easement shall include all components of a full screen which shall be clearly indicated on a site design plan. A legal agreement signed by all appropriate property owners shall be provided to the Department of Planning and Development and shall be maintained with the approved site design plan. This agreement shall describe the location of the required buffer within each property, the number and type of the plantings to be provided and a statement regarding the maintenance ATTACHMENT 2 responsibility for this easement. The required buffer distance may be reduced by 50% for a common shared buffer easement if existing vegetation achieves the functions of a full screen. [Amended 6-12-19961 (i0) )nen a flex -tech development is split by a zoning district line, the Planning Commission may allow for a reduction of the distance buffer and the relocation of the screening requirements. Such modifications shall be allowed at the Commission's discretion, provided that all of the following conditions are met: [Added 2-11-1998] (a) The zoning district boundary line for which the modification is requested is internal to the land contained within the master development plan. (b) The required landscape screen is relocated to the perimeter of the flex -tech development. This relocated, landscape screen shall contain the same plantings that would have been required had the screen been placed along the zoning district boundary line. (11) Whenever land is to be developed in the BI, B2, B3, MI or M2 Zoning Districts that is adjacent to a rail road line that has property zoned BI, B2, B3, MI or M2 on the opposite side of the rail road line, Zoning District Buffers shall not be required. In the event that residential uses are located on the opposite side of the rail road line, Zoning District Buffer as required by §165-37D(1)b shall be provided. In the event that a Zoning District Buffer is required the distance of the rail road line may be towards their required Zoning District Buffer distance. Item #4: Age Restricted Multi -Family Housing At the DRRS's February 2007 meeting, a request for a new housing type in the RP (Residential Performance) District was discussed. This was a request to amend Section 165-58 of the Frederick County Zoning Ordinance to allow a new housing type - proffered age -restricted multi -family housing. This item was then discussed by the Planning Commission on April 5, 2007 and then by the Board of Supervisors on April 25, 2007. Changes were made to the ordinance after the BOS meeting, but consensus on the revisions was not achieved. The item was again presented at the Planning Commission Retreat in February 2008 and Board members expressed hesitation regarding the height of the structures when adjacent to existing residential units. The proposed text amendment has since been revised and was presented to the DRRS in April and May of 2008. At the April meeting. the DRRS suggested that the height of the structures not be reduced and remain at 60 feet and that the number of habitable floors remain at four to encourage pitched roofs instead of flat roofs. The DRRS also suggested that the side and rear perimeter boundary setbacks begin at 40 feet in height instead of 35 feet since garden apartments can be up to 40 feet in height by right. The DRRS also discussed the parking space requirements and requested that they be modified to include more spaces for the larger units. Revisions were also made to the definition of age -restricted to include the state code reference. The revisions were presented to the DRRS at their May meeting and they recommended that the ordinance be sent to the Planning Commission for review. The Planning Commission discussed this ordinance on June 171, 2008. The primary concern revolved around ensuring that the parking calculations were not too high. This item was then presented at the August 5, 2008 Joint Work Session of the Board of Supervisors and the Planning Commission. At the work session, the main issue was the proximity of the building to adjacent residential uses. A waiver option to increase the height of the building was discussed at the meeting, as well as topographic issues that may exist on proposed sites. The attached documents show the existing ordinances, the changes to the ordinance supported by the DRRS at the last meeting and proposed changes resulting from the August 5th Joint Board of Supervisors/Planning Commission Work Session. 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. Revised ordinance with deletions shown in blackline and additions shown in red and blue italics. 5 Proposed Changes — Blackline & Redline ATTACHMENT 1 PROPOSED CHANGES WITH STRIKETHROUGHS AND BOLD ITALIC CHANGES MADE AFTER THE PLANNING COMMISSION RETREAT AND DRRS MEETING IN RED AND CHANGES MADE AFTER THE JOINT WORK SESSION IN BLUE DRRS Endorsed — May 22, 2008 Chapter 165 - Zoning ARTICLE VI RP Residential Performance District §165-59. Permitted uses. A. All uses shall be developed in accordance with an approved master development plan unless otherwise waived under Article XVIII of this chapter. B. Structures are to be erected or land used for one or more of the following uses: (1) Any of the following residential structures: single-family detached traditional rural, single-family detached traditional, single-family detached urban, single-family detached cluster, single-family detached zero lot line, single-family small lot, duplex, multiplex, atrium house, weak -link townhouse, townhouse, or- garden apartment or age -restricted multifamily housing. [Amended 10-27-1999] (2) Schools and churches. (3) Fire stations and companies and rescue squads. (4) Group homes. (5) Home occupations. (6) Utilities necessary to serve residential uses, including poles, lines, distribution transformers, pipes and meters. (7) Accessory uses and structures. Accessory structures attached to the main structure shall be considered part of the main structure. Mobile homes and trailers, as defined, shall not be considered as accessory structures or buildings. (8) Required or bonus recreational facilities and public parks, playgrounds and recreational facilities. (9) Business signs to advertise the sale or rent of the premises upon which they are erected, church bulletin boards and identification signs, signs for non-profit service clubs and charitable associations (off-site signs not to exceed eight square feet) and directional signs. (10) Temporary model homes used for sale of properties in a residential development. (11) Libraries. [Added 6-8-1994] (12) Adult -care residences and assisted -living care facilities. [Added 8-24- 2004] Proposed Changes — Blackline & Redline ATTACHMENT 1 §165-61. Number of uses restricted. More than one principal structure or use and its customary accessory structures or uses are permitted in the RP Residential Performance District for duplexes, multiplexes, atrium houses, weak -link townhouses, and garden apartments and age -restricted multifamily housing. §165-62. Gross density. [Amended 5-11-1994] A gross density shall be established for each proposed development, including all land contained within a single master development plan, according to the characteristics of the land, the capacity of public facilities and roads and the nature of surrounding uses. Because of these characteristics, some developments may not be allowed to employ the maximum density allowed by these regulations. The following density requirements shall apply to all parcels as they exist at the time of the adoption of this section: A. Subsequent divisions of land shall not increase the allowed density on parcels of land. B. In no case shall the gross density of any development within an approved master development plan exceed 4-9 20 dwellings per acre for age -restricted multifamily housing or 10 dwelling units per acre for any other housing types. C. In no case shall the gross density of any development within an approved master development plan which contains more than 10 acres and less than 100 acres exceed 5.5 dwellings per acre. D. In no case shall the gross density of any development within an approved master development plan which contains more than 100 acres exceed four dwellings per acre. §165-62.1. Multifamily housing. [Added 5-11-1994] A. Developments that are less than 25 acres in size may include more than -- 60% multifamily housing types. B. Developments that are more than 25 acres and less than 50 acres in size shall be permitted to contain up to 5 "1 60% multifamily housing types. C. Developments that are over 50 acres in size shall be permitted to contain up to 40-1/6 50% multifamily housing types. -2- Proposed Changes — Blackline & Redline ATTACHMENT 1 §165-65. Dimensional requirements. .the oliowing dimensional requirements shall be met by uses in the RP Residential Performance District. The Zoning Administrator shall make the final determination as to the classification of housing types. Unless otherwise specified, all housing types shall be served by public sewer and water. L. Garden apartments. "Garden apartments" are multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Garden apartments shall contain six or more dwellings in a single structure. Required open space shall not be included as minimum lot area. (1) Maximum gross density shall be 10 units per acre. (2) Dimensional requirements shall be as follows: Minimum Lot Area per Number of Dwelling Unit Off -Street Bedrooms (square feet) Parking Spaces Efficiency 1,300 1.50 1 1,700 2.00 2 2,000 2.25 3 plus 2,550 2.50 (3) Maximum site impervious surface ratio (on lot) shall be 0.50. (4) Minimum lot size shall be one acre. (5) Minimum yards shall be as follows: (a) Front setback: [1] Thirty-five feet from road right-of-way. [2] Twenty feet from parking area or driveway. (b) Side: 50 feet from perimeter boundary. (c) Rear: 50 feet from perimeter boundary. (6) Minimum on-site building spacing shall be 50 feet. (7) Maximum number of dwelling units per building shall be 16. (8) Maximum building height shall be as follows: (a) Principal building: 40 feet. (b) Accessory buildings: 15 feet -3- Proposed Changes — Blackline & Redline ATTACHMENT 1 Q. Age -restricted multifamily housing. "Age -restricted multifamily housing" are multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Age - restricted multifamily housing shall only be permitted within proffered age - restricted developments. Elevator service shall be provided to each floor of age -restricted multifamily housing structures for use by residents and guests. (1) Maximum gross density shall be 20 units per acre. (2) Dimensional requirements shall be as follows: Minimum Lot Area per Number of Dwelling Unit Off -Street Bedrooms (square feet) Parking Spaces Efficiency 1,300 1.5 1 1,700 1.5 2 2,000 2.0 3 plus 2,550 2.0 (3) Maximum site impervious surface ratio (on lot) shall be 0.50. (4) Minimum lot size shall be three acres. (5) Minimum yards shall be as follows: (a) Front setback: /11 Sixty feet from road right-of-ways. [21 Five feet from parking areas or driveways. (b) Side: 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet when the adjacent use is single family residences. (c) Rear: 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet when the adjacent use is single family residences. (6) Minimum on-site building spacing shall be 50 feet. (7) Maximum number of dwelling units per building shall be 110. (8) Maximum building height shall be as follows: (a) Rr-- , ", ,' uiW e� The maximum structural height for any principal building shall be 40 feet. The Board of Supervisors niay waive the 40 foot height limitation provided that it will not negatively impact adjacent residential uses. In no case shall any principle building exceed 60 feet in height. (b) The maximum structural height for any accessory buildings shall be 15 feet. -4- Proposed Changes — Blackline & Redline ATTACHMENT 1 ARTICLE IV Supplemental Use Regulations §165-37 Buffer and screening requirements. [Amended 6-13-19901 C. [Amended 5-11-1994] Residential separation buffers. (2) Perimeter apartment, ef-multiplex or age -restricted multifamily housing separation buffers. (a) Wherever possible and practical, garden apartments, afid multiplex structures and age -restricted multifamily housing structures shall not be placed adjacent to other types of residential structures. If other types of residential structures must be placed adjacent to garden apartments, er multiplex structures; or age -restricted multifamily housing structures the following buffers are required. (b) Buffers shall be placed between the garden apartment, Of multiplex structures or age -restricted multifamily housing structures and the lot line of the lots containing the other housing types. (c) For age -restricted multifamily housing the full screen must include all elements of the landscape screen with the evergreen component planted at a height of six feet, and also include a six -foot -high wall, fence, mound or berm. We Distance Buffer Required Screening Inactive Active Provided (Minimum) (Maximum) Total (feet) (feet) (feet) Full screen 75 25 100 Landscape screen 150 50 200 No screen 350 50 400 (b) Buffers shall be placed between the garden apartment, Of multiplex structures or age -restricted multifamily housing structures and the lot line of the lots containing the other housing types. (c) For age -restricted multifamily housing the full screen must include all elements of the landscape screen with the evergreen component planted at a height of six feet, and also include a six -foot -high wall, fence, mound or berm. We Proposed Changes — Blackline & Redline ATTACHMENT 1 ARTICLE XXII Definitions §165-156. Definitions and word usage. [Amended 11-13-1991.1 AGE -RESTRICTED — Housing intended for and occupied by older persons (as defined in Chapter 36-96.7 of the Code of Virginia, 1950 as amended). The housing must include the publication of, and adherence to, policies and procedures which demonstrate an intent by the owner(s) and manager(s) to provide housing for older persons. -6- Proposed Changes — Blackline & Redline ATTACHMENT 1 Chapter 144 — Subdivision of Land ARTICLE V Design Standards §144-24. Lot requirements. C. Lot Access. All lots shall abut and have direct access to a public street or right- of-way dedicated for maintenance by the Virginia Department of Transportation (2) Multi f faily ria Single-family small lot housing, single family attached housing and multifamily housing. [Amended 10-27-19991 (a) Lots in subdivisions to be used for the following housing types, as defined by Chapter 165, Zoning, need not abut public streets: [ 1 ] Duplexes. [2] Multiplexes, [3] Atrium houses. [4] Townhouses. [5] Weak -link townhouses. [6] Garden apartments. [7] Single-family small lot housing. [81 Age -restricted multifamily housing -7-