Loading...
DRRC 02-26-09 Meeting AgendaMEMORANDUM COUN'T'Y of FREDERICK Department of Planning and Development To: Development Review and Regulations Committee From: Candice E. Perkins, AICP, Senior Planner Subject: February Meeting and Agenda Date: February 19, 2009 540/665-5651 FAX: 540/665-6395 The Frederick County Development Review and Regulations Committee (DRRC) will be meeting on Thursday, February 26, 2009 at 7:00 p.m. in the first floor conference room (purple room) of the County Administration Building, 107 North Kent Street, Winchester, Virginia. The DRRS will discuss the following agenda items: AGENDA 1) Recordation of Proffers. Discussion on revisions to the Frederick County Zoning Ordinance to require that rezoning proffers be recorded. 2) Parking Requirements. Discussion on revisions to § 165-27 of the Frederick County Zoning Ordinance (Off-street parking; parking lots). Please contact this offcc 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: Proffers — Legal Form and Recordation Currently, the Zoning Ordinance does not contain standards as to how proffer statements should be written and does not require that proffers be recorded once accepted bY the Board of Supervisors. Staff has prepared a revision to the ordinance that contains requirements for the legal form of proffer statements, and a requirement for a title as well as a revision that would require approved proffers be recorded with the Clerk of Courts. The proposed additions to the ordinance are as follows: D. Legal form of proffer statement and title. (I) All proffers shall be in writing and shall be in a form suitable for recordation in the land records of Frederick County. (2) Each proffer statement shall be accompanied by a certificate or title, prepared and signed by an attorney licensed to practice law in the Commonwealth of Virginia. The title certificate shall describe the property that is the subject of thepetition and shall identify all parties having a recorded interest in the property, including legal and equitable owners and shall state the source or interest for each party. (3) The certificate of title shall state the latest date through which the applicant's attorney examined the title to the property, which date shall not be more than six (6) months prior to the date of the petition. (4) The County Attorney may reject any certificate of title which, in his opinion, is incomplete or is otherwise insufficient from a legal standpoint. (S) The proffer statement shall define the owners of the subject property and shall be signed by all parties involved. In the event that the applicantfor the rezoning is a contract purchaser, said contract purchaser shall also be made party to the proffer statement and shall sign same. E. Recordation of Proffers. If the Frederick County Board of Supervisors approves conditions as part of a rezoning, the Zoning Administrator or County Attorney shall, within ten (10) days of the Board's actions, present the written proffer to the Clerk of the Circuit Court for recordation. If the DRRC 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 additions shown in bold italics. ARTICLE 11 Amendments [Amended 6-13-1990] 165-13. Conditional rezoning. ATTACHMENT 1 The applicant for a rezoning may proffer in writing before the public hearing by the Board of Supervisors conditions to be placed on the approval of the rezoning. A. Procedures. Proffers shall be presented to the Planning Commission at the advertised public hearing for the rezoning. The Planning Commission shall make a recommendation on the acceptance of the proffers and the rezoning to the Board of Supervisors following the procedures described for amendments to this chapter. Final proffers shall be received in writing, signed by the owner and applicant, at least five (5) days prior to the advertised hearing of the Board of Supervisors. B. Proffer Standards. The conditions proffered shall meet the following standards. (1) The rezoning itself must give rise to the need for the conditions. (2) Such conditions shall have a reasonable relation to the rezoning. (3) All conditions shall be in conformity with the Comprehensive Plan. C. Types of proffers. The types of conditions proffered shall include but need not be limited to the following: (1) Limitation on the use of the land. (2) Limitations on the type of housing provided. (3) Limitations of the size or locations of buildings or structures. (4) Limitations on the density or intensity of the use. (5) Conditions on the appearance or maintenance of structures or uses. (6) Conditions preventing smoke, odors, fumes, dust, noise, traffic congestion or flooding. (7) Conditions or limitations on the location and nature of entrances and driveways. (8) Conditions concerning the number, location and design of parking and loading spaces. (9) Landscaping provisions. (10) Provisions concerning outdoor storage and processing. (11) Building height limitations. (12) Provisions for stormwater management and environmental protection. (13) Preservation and protection provisions for trees, woodland, streams or other natural features. (14) On-site or off-site sewer or water improvements. (15) On-site or off-site drainage improvements. (16) On-site or off-site road, entrance or driveway improvements. (17) A particular master development plan or plan features or site layout features. (18) Preservation of historic structures and sites located on the land to be rezoned. (19) Buffer, screening and separation features. (20) Requirements concerning the phasing or timing of development. (21) The dedication of land for planned roads or for facilities identified in the Frederick County Capital Improvements Plan. (22) The construction of planned roads or necessary road improvements. (23) The construction of facilities identified in the Frederick County Capital Improvements Flan. (24) Cash contributions for road improvements or for planned facilities identified m the Frederick County Capital improvements Man. (25) Other conditions used to lessen or mitigate the impacts identified in the impact analysis. D. Legal feta m of proffer statement and title. (l) ill proffers shall be in writing and shall be in a furrra suitable for recordation iaa the laud records of Frederick Count} (2) Each projfer .statement shall be accompanied by, a certificate or title, prepared and signed %t, an attorne , licensed to practice law in the Commonwealth of Virginia. Tile title certificate shall describe the proper%, that is the subject of the petition and shall identify all parties having a recorded interest in the property', includinf, legal and equitable owners and shall state the source or interest./or each part}. (3) The certiyicate of title shall state the latest date thorcugh which the applicant's attorney, examined the title to the property, which date shall not be more than six (Fi) months prior to the (late of the petition. (4) The County Attorney- naay reject any, certificate of title which, in his opinion, is incomplete or is otherwise insufficient frons a legal standpoint (5) The proffer statement shall define the owners of the subject property= and shall be signed Gy, all parties involved. In the event that the applicant_frtr the rezoning is to contract purchaser, said contract purchaser shall also be mage party to the prgf fer statement and shall sign sataae. E. Recordation of PrJ fifers. ff the Frederick Cou_n4, Board of ,supervisors approves conditions as part of a rezoning, the Zoning Administrator or Cor ntr Attorrrei, ,hall, within ten (I0) dtays of the Board's actions, present the written proffer to the Clerk of the Circuit Court for recordation. F. -D. Amendment of conditions. Once accepted and adopted by the Board of Supervisors, such conditions may only be changed through the procedures required for ordinance amendments as described by this section. G. K—Enforcement of conditions. The Zoning Administrator shall keep records of all conditions attached to rezonings, which shall be readily accessible to the public. The Zoning Map shall show by appropriate symbol the existence of conditions accepted for rezonings. In addition, the Zoning Administrator shall maintain a conditional zoning index which shall provide for ready access to the conditions created. Failure to meet all conditions shall constitute cause to deny the issuance of building or occupancy permits. The Zoning Administrator shall enforce the conditions attached to the rezoning using the following means: (1) The ordering in writing of the remedy of any noncompliance with such conditions. (2) The bringing of legal action to ensure compliance with such conditions, including injunction abatement or other appropriate actions. (3) The requiring of a guaranty, satisfactory to the Board of Supervisors, in an amount sufficient for the construction of any improvements required by the conditions or a contract for the construction of such improvements. The applicant's guaranty shall be reduced or released by the Zoning Administrator upon the completion, in whole or in part, of such improvements. Item #2: Parking Requirements Over the past year, staff has been informed of the desire to revise the parking standards currently contained in the Zoning Ordinance. As a result of that desire, staff has prepared a number of revisions to § 165-27 of the Zoning Ordinance to revise the following: • Required Off -Street Parking Spaces — This portion has been revised to place the standards in a table, as well as revisions to decrease some of the parking requirements and add new types of uses. • Changes in Use — This is a proposed new section that pertains to changes in use or building expansions. • Adjustments to Parking Requirements — This is a proposed expansion of a section of the ordinance proposed for elimination (165-27A(2)). This section would allow the Zoning Administrator to reduce required parking spaces provided that the applicant demonstrates that the reduction is warranted. The draft changes would also require the property owner to enter into a covenant that would allow the Planning Commission to require more spaces if the Zoning Administrator determines that the site requires additional spaces. • Parking for Mixed Uses and Loading Facilities. This is a proposed addition that would allow mixed uses to share parking spaces and would allow the Zoning administrator to reduce spaces if it is determined that the peak parking requirement of the occupants occurs at different times (either daily or seasonally), and the parking demand can be provided on the premises. • Captive Market. This is a proposed new section that would allow retail and restaurant parking spaces to be reduced when it can be determined that some of the patronage can walk from other uses (within 400 feet). • Spaces Behind Buildings. This is a proposed new section that would place a percentage cap on the spaces permitted to be located at the rear of a structure. • Space Demarcation. This is proposed revision that would specify type of space demarcation required and would require the Zoning Administrator to approve modifications. • Setbacks — This is a proposed revision to add loading spaces and travel ways (currently interpreted this way) to the setback section. This change also proposes a ten foot setback from all road right-of-ways (excluding M1/M2 which requires 25 feet). • Parking Space Size and Aisle requirements. This is a revision and a consolidation of two sections. There are currently separate parking space and aisle sections in the ordinance. This revision would combine the two into one section and tables. This revision also adds parallel parking space requirements. If the DRRC 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 additions shown in bold italics and deletions are shown with a strikethrough. 2. Clean Version DRAFT PARKING REVISIONS 2009 ARTICLE IV Supplementary Use Regulations § 165-27. 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 containing the use, according to the following schedule table: Use Required Spaees Sime f4m.'y=dweli,ings and mobile 2 homes Ghmmrehes , for- eaeh 3 seats Seho els and ealleges ' for- h 4 seats fem- Stadiums auditoriums per- effPe Nur-sing homes, personal eafe, 1 per- 4 beds, phis 1 assisted 1i [Amended 2-26-19971 Hospitals 1.8 pef bed Woo . 40 fninimufn oof aiea, asJ mGTS1biy are of eefeatien n,,,.ming hooses 1.e-dinghommses ' per roof m and totmm-ist homes — Motels, hotelsandledges 1per- room, Otis spac f t t a r v3 DRAFT PARKING REVISIONS 1 2009 DRAFT PARKING REVISIONS 12001,34 REQUIRED OFF-STREET PARKING SPACES USE REQUIRED PARKING Single-family and mobile homes 2 Churches 1 for each 3 seats Schools and colleges I/Classroom and other room used by students plus .2/student over driving age and I for each 4 seats for stadiums or auditoriums Day care 1 per 5 children plus 1 per employee Nursing homes, personal care, adult care residences 1 per 4 beds, plus I per employee on and assisted living care facilities primary shift Amended 2-264997 Hospitals 1.8 per bed Libraries, museums or galleries 1 per 400 square feet of floor area; 10 minimum Fraternal lodges, civic clubs 1 per 250 square feet of floor area, assembly area or recreation area Rooming houses, boardinghouses, and -tourist 1 p@F reem homes 2 per single family dwelling plus one per guest room Motels, hotels and lodges, and bed and breakfasts 1 per room, plus appropriate spaces for restaurants and meeting rooms Assembly halls and meeting rooms 1 per 3 seats Funeral homes 1 per 4 seats; 30 minimum Commercial cemeteries 25 minimum Movie theaters 1 per 4 seats Indoor recreation floor area 3 per hole 1 per 4-5-0 200 square136tees, Golf courses and drivingran es Miniature golf and driving ranges 2 per tee or the first then 1 per tee Cam rounds 1 er cam site Restaurants 1 per 100 s uare feet area Fast-food or drive-in restaurants 1.4 er 100 s uare feoor area Retail and personal services 1 per 200 square feet of floor area Medical, dental, veterinarian offices and clinics 1 per 250 square feet General offices, ' 1 er 250 s uare feet of floor area Banks and banks with drive-in windows = pef 250 square feet -of ... ,,,.e I -411n s uare eet o oor area Shopping Centers 6/1, 000 sq. ft. of floor areas for centers (small strip -style centers) with up to 30,000 sq. ft. 5/1, 000sq. ft. of floor area for centers between 30,000 and 60,000 s . ft. Shopping Centers (Non Enclosed) 4/1,000 sq. ft. offloor area for centers Large Integrated Shopping Centers over 60,000 sq.. Sl:c ing Centers (I✓lall-type centers) 3.5/1,000 s . ft offloor area or centers with a to DRAFT PARKING REVISIONS 12009 09 (2) Interpretation. When a use is not specifically listed above, the Zoning Administrator shall determine which of the above categories to use to determine the spaces required, based on similarities between the characteristics of the uses. When a use is not specifically listed above, the Zoning Administrator may also use information provided by the applicant or other sources of information to determine the number of spaces required. The Zening A ,a,,. mist e- may some var-iatien in the standards for- i:equir-ed par -king based an detailed pafki demand st-udies --e-4 1-1 111—ded by the appliean4. Sueh studies should be based aii aeetff a4e a"ysis of the par -king demands of aetua4 similar- uses. (3) Change in use or expansion. Parking requirements for changes in use and/or an expansion or enlargement of an existing structure and/or use shall be in accordance with the following: (a) When there is a change in use (excluding shopping centers) to a use which has the same or lesser parking requirement than the previous use, no additional parking shall be required. When there is a change to a use which has a greater parking requirement than the previous use, the minimum off-street parking requirements in accordance with the provisions of this Article shall be provided for the new use. (b) When an existing structure and/or use is expanded or enlarged, the minimum off-street parking requirements in accordance with the provisions of this Article shall be provided for the area of such expansion or enlargement. (4) Procedure far Adjustments to Parking Requirements. 400, 000 sq. ft. 3.8/11000 sq. ft. of floor area for centers over 400, D00 s . t. Furniture and carpet stores; retail nurseries; farm 1 per 440 square feet of enclosed floor area equipment and feed sales; boat, mobile home and plus 1 per 3,000 square feet of outside display area, motor sales; boat, mobile home and motor vehicle plus 2 spaces per service bay sales Automobile service and service stations -3 2 per service bay plus required spaces for retail or office areas Self service storage 1 space per- 5,000 squafe `et floes r- area 3 spaces at the o ice plus I space per employee Wholesaling, warehouses, truck 4 per- employee 0. 5/1, 000 square feet of floor area plus any required s aces or office or similar use Manufacturing and mining and other Industrial uses es 2/1,000 sq. ft. offloor area plus any required s aces foro tce or similar use (2) Interpretation. When a use is not specifically listed above, the Zoning Administrator shall determine which of the above categories to use to determine the spaces required, based on similarities between the characteristics of the uses. When a use is not specifically listed above, the Zoning Administrator may also use information provided by the applicant or other sources of information to determine the number of spaces required. The Zening A ,a,,. mist e- may some var-iatien in the standards for- i:equir-ed par -king based an detailed pafki demand st-udies --e-4 1-1 111—ded by the appliean4. Sueh studies should be based aii aeetff a4e a"ysis of the par -king demands of aetua4 similar- uses. (3) Change in use or expansion. Parking requirements for changes in use and/or an expansion or enlargement of an existing structure and/or use shall be in accordance with the following: (a) When there is a change in use (excluding shopping centers) to a use which has the same or lesser parking requirement than the previous use, no additional parking shall be required. When there is a change to a use which has a greater parking requirement than the previous use, the minimum off-street parking requirements in accordance with the provisions of this Article shall be provided for the new use. (b) When an existing structure and/or use is expanded or enlarged, the minimum off-street parking requirements in accordance with the provisions of this Article shall be provided for the area of such expansion or enlargement. (4) Procedure far Adjustments to Parking Requirements. DRAFT PARKING REVISIONS 12009 A. In the specified instances set forth in Paragraphs 2 through 3 below, the Zoning Administrator may approve a reduction in required parking spaces. Applications far such a reduction shall include the following information: (1) A parking demand analysis which substantiates the need for a reduced number of parking spaces. (2) A plan showing how the parking spaces will be provided on the site. (3) A covenant must be executed guaranteeing that the owner will provide the additional spaces if the Zoning Administrator, upon thorough investigation of the actual utilization of parking spaces at the building or complex, recommends to the Planning Commission that the approved reduction be modified or revoked Said covenant shall state: i. Be executed by the owner of said lot or parcel of land and the parties having beneficial use thereof; ii. Be enforceable by either the parties having beneficial use thereof or both; iii. Be enforceable against the owner, the parties having beneficial use, and their heirs, successors and assigns or both; and iv. Be first recorded in the Office of the Clerk of the Circuit Court. The Zoning Administrator will review the above completed application and make a recommendation to the Planning Commission. The Planning Commission may impose such additional conditions as are deemed necessary to protect and assure compliance with the objectives of this section. B. Parking for Mixed Uses and Loading Facilities. In the case of mixed uses (not qualifying as accessory) or two or more buildings upon a single lot or unified parcel or upon contiguous parcels, the total requirements for parking and loading facilities shall be the sum of the requirements of the various uses computed separately. However, cumulative parking requirements for mixed-use occupancies may be reduced where it can be determined by the Zoning administrator that the peak requirement of the several occupancies occurs at different times (either daily or seasonally), and the parking demand can be provided on the premises. C. Captive Market. Parking requirements for retail and restaurant uses may be reduced where it can be determined that some portion of the patronage of these businesses comes from other uses (i.e., employees of area offices patronizing restaurants) located within the same building or a maximum walking distance of 9'00 feet. (5)(3) In cases where mixed uses share the same parking area, the parking spaces required shall equal the sum of the spaces required for the various uses. In DRAFT PARKING REVISIONS 1 2009_ some cases, different uses will be contained in a single structure or site plan, and in those cases, the spaces required shall equal the sum of the spaces for each use. (6)(4) When the above requirements result in a requirement for a fractional space, the parking spaces required shall be the next highest whole number. (7) In circumstances when no customer or puhlic entrance or access is located at the rear of a structure, no more than five percent (5%) ot'the required spaces shall be located in the rear of buildings or uses. (8)(5) When the required spaces are based on a number of employees, students, seats or other factor that can vary over time, the spaces required shall be based on the maximum possible number. (9)(4) Parking spaces based on floor area shall be determined based on the gross total floor area devoted to each separate use on the site. B. Shared parking. Required parking spaces may be located on a lot other than the lot containing the use under the following circumstances: (1) Parking for a use on a lot may be located on an abutting lot if the zoning of the abutting lot is the same as the lot containing the use. (2) When shared parking is provided on abutting lots, the total spaces provided shall equal the sum of the number required for each use sharing the parking. (3) When shared parking is provided on abutting lots, means of pedestrian access shall be provided between each use sharing the parking and the parking area. (4) When shared parking is provided on abutting lots, a lease, easement or other form of agreement shall be executed among the property owners sharing the parking assuring the use of the required parking spaces and assuring proper maintenance of the parking area. Said agreement shall be submitted to the Zoning Administrator for review and approval. . � and shall be no less than nine feet in width. D. -C. No part of a tractor truck, tractor truck trailer, semitrailer, bus or dump truck shall be parked or stored within the RP Residential Performance District, the R5 Residential Recreational Community District or the MHl Mobile Home Community District. Any truck with a total length of 25 feet or greater shall not be parked or stored within the RP, R5 or MH1 Zoning Districts. [Amended 6-9-1993] DRAFT PARKING REVISIONS : 009 &D. Parking lots. Parking spaces shared by more than one dwelling or use, required for any use in the business or industrial zoning district or required for any institutional, commercial or industrial use in any zoning district shall meet the following requirements: (1) Surface materials. In the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office -Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District and the MS Medical Support District, parking lots shall be paved with concrete, bituminous concrete or similar materials. Such surface materials shall provide a durable, dust- and gravel -free, hard surface. The Zoning Administrator may allow for the use of other hard -surface materials for parcels located outside of the Sewer and Water Service Area if the site plan provides for effective stormwater management and efficient maintenance. In such cases, parking lots shall be paved with a minimum of double prime -and -seal treatment or an equivalent surface. (2) Space demarcation. All parking spaces shall be marked by durable four (4) inch white lines painted on the pavement paifAea lines or curbs extending the length of the space. Any other proposed color and size will require approval by the Zoning Administrator. The Zoning ^ d er- fliay Ale iv apprepr-iate a4temative markings. Signs and pavement markings shall be utilized, as necessary, to ensure safe traffic movement and pedestrian access and to designate handicapped parking spaces. (3) Curbs and gutters. Concrete curbing and gutters shall be installed around the perimeter of all parking lots in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office -Manufacturing Park District, the Ml Light Industrial District, the M2 Industrial General District and the Ms Medical Support District. The curbing shall be a minimum of six inches in height. All parking lots shall be included within an approved stormwater management plan. The Zoning Administrator may allow for the use of concrete bumpers instead of curbing for parcels located outside of the Sewer and Water Service Area if the site plan provides for effective stormwater management and efficient maintenance. (4) Raised islands. Raised islands shall be installed at the ends of all parking bays abutting an aisle or driveway in the RP Residential Performance District the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office -Manufacturing Park District, the Ml Light Industrial District, the M2 Industrial General District and the MS Medical Support District. The raised islands DRAFT PARKING REVISIONS U0 shall be bordered by concrete or rolled asphalt curb. All islands shall be at least nine feet wide and shall extend the length of the parking space or bay. The islands shall be landscaped with grass, shrubs, or other vegetative materials. The Zoning Administrator may waive the requirement for raised islands for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed. (5) Setbacks. All parking lots and loading spaces, and travelways, except for single family detached and mobile home residential uses shall be set back as follows: rha4l be loe tel no elos than five feet tRm any pr - t 1 J 7 j' eases where r. rmeFe than one lot shares the par -king let. in rsciSiheases,e , the-paF 1 + � t closer- than five -feet fro„n +iY + boundar-y of the lots , in the N41 hig4A 1ndustfi 1 Dist.:_a .7 N42 Mdiistfia4 Genet -a4 Di tfi +par -king shall be loeated no eloser than 25 feet to any road right of (a) At least ten (10) feet from any street or road fight -of -way. (b) At leastfive (5) feet from all other property lines, except in cases where more than one lot shares the parking lot. (c) In the MI (Light Industrial) District and M2 (Industrial General) ,'District, parking lots shall be located no closer than 25 feet to any street or road right-of- way. (6) Handicapped spaces. Handicapped parking spaces shall be provided in any parking lot according to the requirements of Virginia Uniform Statewide Building Code. Handicapped parking spaces shall have a minimum width of 12 feet. Handicapped spaces shall be located on the perimeter of the parking lots adjacent to sidewalks. A three -foot -wide curb ramp shall be provided adjacent to the handicapped parking spaces to provide access to the sidewalk. The number of spaces provided shall be as follows: Total Parking Spaces Spaces 1 to 25 26 to 50 51to75 -74 76 to 100 101 to 150 151 to 200 201 to 300 301 to 400 401 to 500 501 and more Required Handicapped 1 2 3 4 5 6 7 8 9 2% of total (7) Entrance requirements. In no case shall a parking lot be approved which requires that vehicles back from parking spaces onto public roads. All parking lots shall be provided access to a public road using an entrance which meets all DRAFT PARKING REVISIONS 2009 requirements of the Frederick County Code and the Virginia Department of Transportation. The width of driveways serving the parking lot shall not be less than 24 feet for two-way traffic and 12 feet for one-way traffic. [Amended 6-9- 19931 (8) Parking space size and aisle requirements. (a) Access to e space shall be pr-ovided by an aisle with the following width- All parking spaces and aisles shall be provided in accordance with tables LI and 1.2. Aisle Width Par-Iiing Sp He Way Two Way P-afallel 12 L9 '10 12 7n z� 45 i5 7!1 �-v 60 1 g 90 22 0� zz TABLE 1.1 Minimum Off -Street Parking Area Dimensions Angle of Width of Depth of Stall Width of Parking Stall feet Perpendicular Aisle Degrees 22.0 To Aisle feet 30 9.0 9.0 *12.0 10.0 10.0 **20.0 45 9.0 9.0 * 1-5. _0 10.0 10.0 **20.0 60 9.0 20.0 * 18.0 9.0 10.0 18.0 **20.0 90 9.0 20.0 *22.0 10.0 18.0 **22.0 *One-way "Two-way TABLE 1.2 arallel Parkin and Aisle Dimensions of Width of Stall Depth of Stall Width of Feet Feet Aisle sle *One-way 9.0 22.0 12.0 le 9.0 22.0 15.0 parking) Two-way aisle 9.0 22.0 22.0 (Two -side parking) DRAFT PARKING REVISIONS'( (b) For other angles, the aisle width shall be the same as for the nearest angle in the above table. (9) Obstructions and structures. Parking lots shall be designed to permit each vehicle to proceed to and from all unoccupied parking spaces without requiring the moving of any other parked motor vehicle. Utility poles, light standards, trash containers and similar structures shall not be permitted within any aisle or parking space. Any structure located in a parking lot shall be surrounded on all sides abutting spaces or aisles by a six-inch concrete curb. The structure shall be separated from the curb by a distance of three feet. (10) Drive-in lanes. Drive-in lanes shall be required for all drive-in or pickup facilities. Drive-in lanes shall be designed to provide for a minimum width of nine feet and a minimum stacking distance of 90 feet. Canopy supports and raised concrete pads designed to support pneumatic tubes, automatic teller machines and other structures shall not be located within the area required for minimum drive-in lane widths. All drive-in lanes shall be clearly separated from parking spaces, travel aisles, maneuvering areas and driveways. The Zoning Administrator may reduce the minimum stacking distance of drive-in lanes for retail uses with less than 150 square feet of floor area if it can be demonstrated that the vehicular frequency for the use does not warrant multiple vehicle stacking. (Amended 5-8-20021 (11) Landscaping. Parking lots in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office -Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District and the M2 Medical Support District shall be landscaped to reduce the visual impact of glare and headlights on adjoining properties and rights-of-way. Parking lots shall be adequately shaded to reduce reflected heat. Landscaping shall also be provided to reduce the visual expansiveness of parking lots. Landscaping shall be provided in such parking lots as follows: (a) Perimeter landscaping. The perimeter of all impervious areas shall be landscaped with shade trees and other landscaping. One tree shall be provided for every 2,000 square feet of site. One tree shall be provided for every 5,000 square feet of impervious area over 100,000 square feet of the entire site. Self-service storage facilities shall provide one tree per 10,000 square feet of impervious area of the entire site, in addition to the trees required in § 165-44, Self -storage facilities. The majority of these trees shall be located around parking lots. A three -foot -high evergreen hedge, fence, berm or wall shall be provided to prevent headlights from shining on public rights -of -ways and adjoining properties. All perimeter DRAFT PARKING REVISIONS 21009 landscaping shall comply with the requirements of §165-36C, Plant selection, planting procedure and maintenance. (b) Interior landscaping. A minimum of 5% of the interior portions of parking lots shall be landscaped for the purpose of providing shade trees. Such interior landscaping shall be provided on raised islands and in continuous raised strips extending the length of a parking bay. Within the parking lot, raised islands and landscaped areas should be uses to delineate traffic and pedestrian circulation patterns. No less than one shade tree shall be provided in the interior of the parking lot for each 10 parking spaces. The Zoning Administrator may waive the requirement for interior landscaping for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed. The Zoning Administrator may approve alternative locations for interior landscaping for parking lots used for truck parking, as well as other parking lots, when it would improve the overall quality of the landscape plan. All interior landscaping shall comply with the requirements of § 165-36C, Plant selection, planting procedure and maintenance. (12) Pedestrian access. Sidewalks shall be provided as necessary within parking lots to protect pedestrians and promote the safe and efficient movement of pedestrians and vehicles. In large parking lots, pedestrian walkways and crosswalks shall be provided, marked by durable painted stripes and appropriate signs. DRAFT PARKING REVISIONS - Clean Version 00 ARTICLE IV Supplementary Use Regulations § 165-27. 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 containing the use, according to the following table: REQUIRED OFF-STREE r PARKING SPACES I i USE REQUIRED PARKING Single-family dwellings and mobile homes 2 Churches 1 for each 3 seats Schools and colleges 1/Classroom and other room used by students plus .2/student over driving age and I for each 4 seats for stadiums or auditoriums Day care 1 per 5 children plus 1 per employee Nursing homes, personal care, adult care residences and assisted living care facilities [Amended 2-26-1997] 1 per 4 beds, plus 1 per employee on primary shift Hospitals 1.8 per bed Libraries, museums or galleries 1 per 400 square feet of floor area; 10 minimum Fraternal lodges, civic clubs 1 per 250 square feet of floor area, assembly area or recreation area Rooming houses, boardinghouses, and -tourist homes 2 per single family dwelling plus one per guest room Motels, hotels and lodges, and bed and breakfasts 1 per room, plus appropriate spaces for restaurants and meeting rooms Assembly halls and meeting rooms 1 per 3 seats Funeral homes 1 per 4 seats; 30 minimum Commercial cemeteries 25 minimum Movie theaters 1 per 4 seats Indoor recreation 1 per 200 square feet of floor area Golf courses and driving ranges 3 per hole Miniature golf and driving ranges 2 per tee for the first 36 tees, then 1 per tee -Campgrounds 1 per campsite Restaurants 1 per 100 square feet of floor area DRAFT PARKING REVISIONS - Clean =version I Fast-food or drive-in restaurants 1.4 per 100 s uare feet of floor area Retail and personal services 1 per 200 square feet of floor area Medical, dental, veterinarian offices and clinics 1 per 250 square feet General offices 1 per 250 square feet of floor area Banks and banks with drive-in windows 1 per 400 square feet of floor area Shopping Centers 6/1,000 sq. ft. of floor areas for centers (small strip -style centers) with up to 30,000 sq. ft. 5/1,000sq. ft. of floor area for centers between 30,000 and 60,000 sq. ft. Shopping Centers (Non Enclosed) 4/1,000 sq. ft. of floor area for centers Large integrated Shopping Centers over 60,000 sq. ft. Shopping Centers (Mall -type centers) 3.5/1,000 sq, ft. of floor area for centers with up to 400,000 sq. ft. 3.8/1/000 sq. ft. of floor area for centers over 400,000 sq. ft. Furniture and carpet stores; retail nurseries; farm 1 per 400 square feet of enclosed floor area equipment and feed sales; boat, mobile home and plus 1 per 3,000 square feet of outside display area, motor sales; boat, mobile home and motor vehicle plus 2 spaces per service bay sales Automobile service and service stations 2 per service bay plus required spaces for retail or office areas Self service storage 3 spares at the office plus 1 space per ern loyee Wholesaling, warehouses, truck 0.5/1,000 square feet of floor area plus any re wired spaces for office or similar use Manufacturing and mining and other Industrial uses 2/1,000 sq. ft. of floor area plus any required spaces for office or similar use (2) Interpretation. When a use is not specifically listed above, the Zoning Administrator shall determine which of the above categories to use to determine the spaces required, based on similarities between the characteristics of the uses. When a use is not specifically listed above, the Zoning Administrator may also use information provided by the applicant or other sources of information to determine the number of spaces required. (3) Change in use or expansion. Parking requirements for changes in use and/or an expansion or enlargement of an existing structure and/or use shall be in accordance with the following: (a) When there is a change in use (excluding shopping centers) to a use which has the same or lesser parking requirement than the previous use, no additional parking shall be required. When there is a change to a use which has a greater parking requirement than the previous use, the minimum off-street parking requirements in accordance with the provisions of this Article shall be provided for the new use. DRAFT PARKING REVISIONS - Clean Version 121009 (b) When an existing structure and/or use is expanded or enlarged, the minimum off-street parking requirements in accordance with the provisions of this Article shall be provided for the area of such expansion or enlargement. (4) Procedure for Adjustments to Parking Requirements. A. In the specified instances set forth in Paragraphs 2 through 3 below, the Zoning Administrator may approve a reduction in required parking spaces. Applications for such a reduction shall include the following information: (1) A parking demand analysis which substantiates the need for a reduced number of parking spaces. (2) A plan showing how the parking spaces will be provided on the site. (3) A covenant must be executed guaranteeing that the owner will provide the additional spaces if the Zoning Administrator, upon thorough investigation of the actual utilization of parking spaces at the building or complex, recommends to the Planning Commission that the approved reduction be modified or revoked. Said covenant shall state: i. Be executed by the owner of said lot or parcel of land and the parties having beneficial use thereof, ii. Be enforceable by either the parties having beneficial use thereof or both; iii. Be enforceable against the owner, the parties having beneficial use, and their heirs, successors and assigns or both; and iv. Be first recorded in the Office of the Clerk of the Circuit Court. The Zoning Administrator will review the above completed application and make a recommendation to the Planning Commission. The Planning Commission may impose such additional conditions as are deemed necessary to protect and assure compliance with the objectives of this section. B. Parking for Mixed Uses and Loading Facilities. In the case of mixed uses (not qualifying as accessory) or two or more buildings upon a single lot or unified parcel or upon contiguous parcels, the total requirements for parking and loading facilities shall be the sum of the requirements of the various uses computed separately. However, cumulative parking requirements for mixed- use occupancies may be reduced where it can be determined by the Zoning administrator that the peak requirement of the several occupancies occurs at different times (either daily or seasonally), and the parking demand can be provided on the premises. A DRAFT PARKING REVISIONS - Clean Version 1 2009 C. Captive Market. Parking requirements for retail and restaurant uses may be reduced where it can be determined that some portion of the patronage of these businesses comes from other uses (i.e., employees of area offices patronizing restaurants) located within the same building or a maximum walking distance of 400 feet. (5) In cases where mixed uses share the same parking area, the parking spaces required shall equal the sura of the spaces required for the various uses. In some cases, different uses will be contained in a single structure or site plan, and in those cases, the spaces required shall equal the sum of the spaces for each use. (6) When the above requirements result in a requirement for a fractional space, the parking spaces required shall be the next highest whole number. (7) In circumstances when no customer or public entrance or access is located at the rear of a structure, no more than five percent (5%) of the required spaces shall be located in the rear of buildings or uses. (8) When the required spaces are based on a number of employees, students, seats or other factor that can vary over time, the spaces required shall be based on the maximum possible number. (9) Parking spaces based on floor area shall be determined based on the gross total floor area devoted to each separate use on the site. Shared parking. Required parking spaces may be located on a lot other than the lot containing the use under the following circumstances: (1) Parking for a use on a lot may be located on an abutting lot if the zoning of the abutting lot is the same as the lot containing the use. (2) When shared parking is provided on abutting lots, the total spaces provided shall equal the sum of the number required for each use sharing the parking. (3) When shared parking is provided on abutting lots, means of pedestrian access shall be provided between each use sharing the parking and the parking area. (3) When shared parking is provided on abutting lots, a lease, easement or other form of agreement shall be executed among the property owners sharing the parking assuring the use of the required parking spaces and assuring proper maintenance of the parking area. Said agreement shall be submitted to the Zoning Administrator for review and approval. No part of a tractor truck, tractor truck trailer, semitrailer, bus or dump truck shall be parked or stored within the RP Residential Performance District, the R5 Residential DRAFT PARKING REVISIONS - Clean Version 1 2009 Recreational Community District or the MH1 Mobile Home Community District. Any truck with a total length of 25 feet or greater shall not be parked or stored within the RP, R5 or MH1 Zoning Districts. [Amended 6-9-1993] D. Parking lots. Parking spaces shared by more than one dwelling or use, required for any use in the business or industrial zoning district or required for any institutional, commercial or industrial use in any zoning district shall meet the following requirements: (1) Surface materials. In the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the BI Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office -Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District and the MS Medical Support District, parking lots shall be paved with concrete, bituminous concrete or similar materials. Such surface materials shall provide a durable, dust- and gravel -free, hard surface. The Zoning Administrator may allow for the use of other hard -surface materials for parcels located outside of the Sewer and Water Service Area if the site plan provides for effective stormwater management and efficient maintenance. In such cases, parking lots shall be paved with a minimum of double prime -and -seal treatment or an equivalent surface. (2) Space demarcation. All parking spaces shall be marked by durable four (4) inch white lines painted on the pavement or curbs extending the length of the space. Any other proposed color and size will require approval by the Zoning Administrator. Signs and pavement markings shall be utilized, as necessary, to ensure safe traffic movement and pedestrian access and to designate handicapped parking spaces. (3) Curbs and gutters. Concrete curbing and gutters shall be installed around the perimeter of all parking lots in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the Bl Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office -Manufacturing Park District, the Ml Light Industrial District, the M2 Industrial General District and the Ms Medical Support District. The curbing shall be a minimum of six inches in height. All parking lots shall be included within an approved stormwater management plan. The Zoning Administrator may allow for the use of concrete bumpers instead of curbing for parcels located outside of the Sewer and Water Service Area if the site plan provides for effective stormwater management and efficient maintenance. (4) Raised islands. Raised islands shall be installed at the ends of all parking bays abutting an aisle or driveway in the RP Residential Performance District the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the DRAFT PARKING REVISIONS - Clean Version 12009 OM Office -Manufacturing Park District, the MI Light Industrial District, the M2 Industrial General District and the MS Medical Support District. The raised islands shall be bordered by concrete or rolled asphalt curb. All islands shall be at least nine feet wide and shall extend the length of the parking space or bay. The islands shall be landscaped with grass, shrubs, or other vegetative materials. The Zoning Administrator may waive the requirement for raised islands for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed. (5) Setbacks. All parking lots and loading spaces, and travelways, except for single family detached and mobile home residential uses shall be set back as follows: (a) At least ten (10) feet from any street or road right-of-way. (b) At least five (5) feet from all other property lines, except in cases where more than one lot shares the parking lot. (c) In the M1 (Light Industrial) District and M2 (Industrial General) District, parking lots shall be located no closer than 25 feet to any street or road right-of-way. (6) Handicapped spaces. Handicapped parking spaces shall be provided in any parking lot according to the requirements of Virginia Uniform Statewide Building Code. Handicapped parking spaces shall have a minimum width of 12 feet. Handicapped spaces shall be located on the perimeter of the parking lots adjacent to sidewalks. A three -foot -wide curb ramp shall be provided adjacent to the handicapped parking spaces to provide access to the sidewalk. The number of spaces provided shall be as follows: Total Parking Spaces 1 to 25 26 to 50 51 to 75 76 to 100 101 to 150 151 to 200 201 to 300 301 to 400 401 to 500 501 and more Required Handicapped Spaces 2 3 4 5 6 7 9 2% of total (7) Entrance requirements. In no case shall a parking lot be approved which requires that vehicles back from parking spaces onto public roads. All parking lots shall be provided access to a public road using an entrance which meets all requirements of the Frederick County Code and the Virginia Department of Transportation. The width of driveways serving the parking lot shall not be less than 24 feet for two-way traffic and 12 feet for one-way traffic. [Amended 6-9- 1993] DRAFT PARKING REVISIONS - Clean Version 2009 (g) Parking space size and aisle requirements. (a) All parking space dimensions and aisles widths shall be provided in accordance with tables 1.1 and 1.2. TABLE 1.1 Minimum Off -Street Parking Area Dimensions Angle of Width of Depth of Stall Width of Parking Stall feet Perpendicular Aisle Degrees 22.0 To Aisle feet (One -side 30 9.0 9.0 * 12.0 10.0 10.0 **20.0 45 9.0 9.0 *15.0 10.0 10.0 **20.0 60 9.0 20.0 * 18.0 9.0 10.0 18.0 **20.0 90 9.0 20.0 *22.0 10.0 18.0 **22.0 *One-way "Two-way TABLE 1.2 Parallel Parking and Aisle Dimensions Direction of Width of Stall Depth of Stall Width of Traffic Feet Feet Aisle One-way aisle 9.0 22.0 12.0 (One -side parking) One-way aisle 9.0 22.0 15.0 (Two side parking) Two-way aisle 9.0 22.0 22.0 (Two -side parking) (b) For other angles, the aisle width shall be the same as for the nearest angle in the above table. (9) Obstructions and structures. Parking lots shall be designed to permit each vehicle to proceed to and from all unoccupied parking spaces without requiring the moving of any other parked motor vehicle. Utility poles, light standards, trash containers and similar structures shall not be permitted within any aisle or parking space. Any structure located in a parking lot shall be surrounded on all sides abutting spaces or aisles by a six-inch concrete curb. The structure shall be separated from the curb by a distance of three feet. DRAFT PARKING REVISIONS - Clean Versio1200 nA (10) Drive-in lanes. Drive-in lanes shall be required for all drive-in or pickup facilities. Drive-in lanes shall be designed to provide for a minimum width of nine Cet and a minimum stacking distance of 90 feet. Canopy supports and raised concrete pads designed to support pneumatic tubes, automatic teller machines and other structures shall not be located within the area required for minimum drive-in lane vr'idths. All drive-in lanes shall be clearly separated from parking spaces, travel aisles, maneuvering areas and driveways. The Zoning Administrator may reduce the minimum stacking distance of drive-in lanes for retail uses with less than 150 square feet of floor area if it can be demonstrated that the vehicular frequency for the use does not warrant multiple vehicle stacking. [Amended 5-8-2002] (11) Landscaping. Parking lots in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office -Manufacturing Park District, the Ml Light Industrial District, the M2 Industrial General District and the M2 Medical Support District shall be landscaped to reduce the visual impact of glare and headlights on adjoining properties and rights-of-way. Parking lots shall be adequately shaded to reduce reflected heat. Landscaping shall also be provided to reduce the visual expansiveness of parking lots. Landscaping shall be provided in such parking lots as follows: (a) Perimeter landscaping. The perimeter of all impervious areas shall be landscaped with shade trees and other landscaping. One tree shall be provided for every 2,000 square feet of site. One tree shall be provided for every 5,000 square feet of impervious area over 100,000 square feet of the entire site. Self-service storage facilities shall provide one tree per 10,000 square feet of impervious area of the entire site, in addition to the trees required in § 165-44, Self -storage facilities. The majority of these trees shall be located around parking lots. A three -foot -high evergreen hedge, fence, berm or wall shall be provided to prevent headlights from shining on public rights -of -ways and adjoining properties. All perimeter landscaping shall comply with the requirements of §165-36C, Plant selection, planting procedure and maintenance. (b) Interior landscaping. A minimum of 5% of the interior portions of parking lots shall be landscaped for the purpose of providing shade trees. Such interior landscaping shall be provided on raised islands and in continuous raised strips extending the length of a parking bay. Within the parking lot, raised islands and landscaped areas should be uses to delineate traffic and pedestrian circulation patterns. No less than one shade tree shall be provided in the interior of the parking lot for each 10 parking spaces. The Zoning Administrator may waive the requirement for interior DRAFT PARKING REVISIONS - Clean Version 009 landscaping for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed. The Zoning Administrator may approve alternative locations for interior landscaping for parking lots used for truck parking, as well as other parking lots, when it would improve the overall quality of the landscape plan. All interior landscaping shall comply with the requirements of § 165-36C, Plant selection, planting procedure and maintenance. (12) Pedestrian access. Sidewalks shall be provided as necessary within parking lots to protect pedestrians and promote the safe and efficient movement of pedestrians and vehicles. In large parking lots, pedestrian walkways and crosswalks shall be provided, marked by durable painted stripes and appropriate signs.