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DRRC 10-22-09 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM To: Development Review and Regulations Committee From: Candice E. Perkins, AICP, Senior Planner Subject: October Meeting and Agenda Date: October 14, 2009 The Frederick County Development Review and Regulations Committee (DRR.C) will be meeting on Thursday, October 22, 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 DRRC will discuss the following agenda items: AGENDA 1. Landscaping Requirements. Discussion on revisions to the Frederick County Zoning Ordinance to revise the landscaping requirements. 2. Transportation Impact Analysis (TIA) Standards. Discussion on revisions to the Frederick County Zoning Ordinance to include references to the recently adopted TIA Standards. 3. HA Historic Area Overlay Zone. Discussion on revisions to Chapter 165 — Zoning, Part 703 — HA Historic Overlay Zone. 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 Landscaping Requirements Over the years, staff has encountered issues regarding the landscaping requirements contained in § 165-203.01 of the Zoning Ordinance. Specifically, concerns have been expressed regarding the allowable plant types, planting procedures and maintenance, enforcement and bonding, as well as residential separation buffers and road efficiency buffers. Therefore, staff has prepared a revision to the landscaping requirements section of the ordinance to address these issues. Proposed amendments are as follows: • Types of Landscaping. Revisions to include new plant types (deciduous, evergreen, shrub), removal of certain plants and/or elimination of plants for specific uses. • Maintenance. Expansion of the maintenance section to ensure that the plants are kept in good condition and allowed to grow. Provisions for the replacement of dead or dying plants and a requirement that plants removed shall be replaced with a larger plant size, and a requirement that fences and walls be maintained. • Enforcement and Guarantees. Expanded section regarding bonding of landscaping to receive occupancy permits. • Revised buffer and screening text, including revisions to the distance buffer portion. • Residential Separation Buffers. Complete revision to the required buffers between various housing types. • Road Efficiency Buffers. Complete revisions to the required buffers between residential uses and interstate, arterial and collector roads. Following the DRRC review of these amendments, staff will forward them to the Planning Commission and Board of Supervisors for their consideration. Attachments: 1. Draft Ordinance. DRAFT Changes - Landscaping requirements 10/13/2009 Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 203 — Buffers and Landscaping § 165-203.01 Landscaping requirements. The requirements of this section are intended to enhance the appearance, environment, and general welfare of the citizens of Frederick County by providing minimum landscaping standards and encouraging tree preservation for ,ST T -new developments_ B. Plant selection, planting procedure, and maintenance. (1) Plant selection. Based on the type of landscaping, required trees and shrubs shall be selected from the table4ist of acceptable trees and shrubs shown below: Types of Landscaping Street tree landscaping (street) Ornamental landscaping (ornamental) Tree preservation landscaping (canopy) Interior and perimeter landscaping (shade) Bu erscreening and parking lotscreeninp (screen), Deciduous Buffer (street, canopy, shade), Buffer Shrub (shrub or screen) Acceptable Trees and Shrubs Common Name Scientific Name Types of Landscaping Permitted Dawn Redwood Metasequoia glyptostroboides Street, canopy Bald Cypress Taxodium distichum Street, canopy Sycamore Platanus occidentallis Street, shade, canopy Norway Maple Acer platanoides Street, shade, canopy London Plane Tree Platanus acerifolia Street, eraarnen#al, shade, canopy Red Oak Quercus borealis, Quercus rubra Street, emamental, shade, canopy White Oak Quercus alba, Quercus bicolor Street, OFnamental, shade, canopy Lacebark Elm Ulmus parvifolia Street, 9F -Ra.;,', shade, canopy Blackgum Nyssa sylvatica Street, Wil, shade, canopy Ginkgo (male) Ginkgo biloba Street, eMameRtal, shade, canopy Thornless Honey Gleditsia triacanthos inermis Street, tea, street, canopy 1 DRAFT Changes - Landscaping requirements 10/13/2009 Locust Japanese Pagoda Tree 1 Sophora japonica Street, eFna ,,enta, shade, canopy Red Maple Acer rubrum Street, ornamental, shade, canopy Sugar Maple Acer saccharum Street, QFnamental, shade, canopy Freeman Maple Acer freemanii Street, mal, shade, canopy Green Ash Fraxinus pennsylvania Street, ornamental, shade, canopy Littleleaf Linden Tilia cordata Street, emameRtal, shade, canopy Silver Linden Tilia tomentosa Street, or .eRta, shade, canopy Japanese Elm Pagoda Zelkova serrata Street, OFR^*al, shade, canopy Yellowwood Cladrastis kentukea Street, ornamental, shade, canopy Katsura Tree Cercidiphyllum japonicum Street, ornamental,shade, canopy Dogwood Cornus florida, Cornus kousa, Cornus hybrid StFeet,ornamental, shade, aRepy SYCai:1`18Fe ol-.raRbIS e .-:d,,ntalrs Ornamental, Willow Oak Quercus phellos Ornamental, shade, canopy Pin Oak Quercus palustris ^o,-namental, Street, shade, canopy Sweet Gum Liquidambar styraciflua shade, canopy Japanese Maple Acer palmatum Ornamental, shade, canopy Amur Maple Acer ginnala Ornamental, shade, canopy Paperbark Maple Acergriseum Ornamental, shade, canopy White Birch Betula platyphylla Ornamental, shade, canopy River Birch Betula nigra Ornamental, shade, canopy Copper Beech Fagus atropuniciea Ornamental, shade, canopy Weeping Beech Fagus pendula Ornamental, shade, canopy European Beech Fagus sylvatica Ornamental, shade, canopy Golden -Rain Tree Koelreuteria paniculata Ornamental, shade, canopy N DRAFT Changes - Landscaping requirements 10/13/2009 Flowering Cherry Prunus (all varieties) Ornamental, shade, canopy European Hornbeam Carpinus betulus Ornamental, shade, canopy American Plum Prunus americana Ornamental, shade, canopy Flowering Pear Pyrus calleryana Ornamental, shade, canopy Flowering Crabapple Malus (all varieties) Ornamental, shade, canopy Eastern Redbud Cercis canadensis Ornamental, shade, canopy Hop Hornbeam Ostrya virginiana Ornamental, shade, canopy Star Magnolia Magnolia stellata Ornamental, shade, eanep Saucer Magnolia Magnolia x soulangiana Ornamental, shade, canopy Douglas Fir Pseudotsuga menziesii Ornamental, screen, canopy White Fir Abies concolor Ornamental, screen, canopy, Spruce Picea (all varieties) Ornamental, screen, canopy Japanese Umbrella Pine Sciadopitys verticillata Ornamental, screen, canopy Canadian Hemlock Tsuga canadensis Ornamental, screen, canopy Holly Ilex Gpaca liex x 'Nellie R. Steve all varieties Ornamental screen EaRepy-, shrub Ornamental, screen, canopy Hinoki False Cypress Chamaecyparis obtusa White Pine Dio US StFebUS c.-reen r anepy Austrian Pine Pinus nigra Screen Western Arborvitae Thuja plicata Screen, eaRopy Dark American Arborvitae Thuja occidentalis nigra and emerald Screen, canopy Leyland Cypress Cupressocyparis x leylandi Screen, eaRepy 'astern Red Cedar Juniperus virainiana Ornamental, screen Viburnum (Evergreen) all evergreen varieties *not to include semi -evergreen Ornamental, screen, shrub 3 DRAFT Changes - Landscaping requirements 10/13/2009 English Yew I Taxus baccata I Ornamental, screen, shrub Japanese Yew I Taxus cuspidata Chinese Holly I Ilex cornuta Boxwood I Suxus (all varieties) Ornamental, screen, shrub Ornamental, screen, shrub Ornamental, screen, shrub Juniper Juniperus (all varieties) Ornamental, screen, shrub Vernal Witchhazel Hamamelis vernalis Ornamental, shrub Slender Deutzia Deutzia gracilis Ornamental, shrub Althea Hibiscus syriacus Ornamental, shrub Vicary privet Ligustrum x vicar yi Ornamental shrub Sweet Mockorange Philadel hus coronaries Ornamental shrub Japanese pieris Pieris iaponica Ornamental, shrub A, Ornamental, Rhododendron (All varieties) Ornamental, screen Cotoneaster (All varieties) Ornamental, shrub Spirea (All varieties) Ornamental, shrub Weigela (All varieties) Ornamental, shrub Downy Serviceberry Amelanchier arborea Ornamental, shad Washington Hawthorn Crataegus plaenopyrum Ornamental, shade; -cagy Itea (All varieties) Ornamental Aronia (All varieties) Ornamental Clethra (All varieties) Ornamental FeFsythia rnivaFoet*es)al Viburnum (All varieties) Ornamental, shrub Wieged Euonymus (All varieties) Ornamental, shrub Photinia [All varieties! Ornamental 4 DRAFT Changes - Landscaping requirements 10/13/2009 Hydrangea (all varieties) Ornamental Mugo mine Pinus muco Ornamental (2) Planting procedure. All required trees and shrubs shall meet the specifications and procedures established by of the American Association of Nurserymen. All trees shall be planted no closer than three feet to the edge of sidewalks, curb or other pavement. Deciduous trees shall be a minimum of two-inch caliper at the time of planning. Evergreen trees shall be a minimum of four feet in height at the time of planting. Shrubs shall be a minimum three -gallon container at the time of planting. In addition to the three -gallon container requirement, parking lot screening shrubs shall be a minimum of 36" in height at time of planting and buffer shrubs shall be a minimum of 18" in height at time of planting. (3) Maintenance. The owner, developer, and/or builder who is responsible for planting required landscaping as shown on an approved site or subdivision plan shall be responsible for maintaining it in a state of good health for one year after planting. After one year, from the date occupancy is approved, the individual property owner and/or homeowner's association shall become responsible for maintenance. PAointenance shall include the following: landseapiRg OR individual buildiRg lets when a haiE2Fd or nuisaRce exists. a) Maintaining landscaping in good condition shall include allowing shade trees to grow according to the naturai height, width and habit of the Particular species and shall preclude the topping of required shade trees. b) Dead or dying vegetation shall be replaced er. direction of the Zoninq Administrator. Replacement shrubs shall be of a size consistent with that which could normal!y be expected based a on the specific s ecies and the lent7th of time elapsed since initial installation. Replacement trees shall be %" caliper larger for each Vear since initial installation of said required trees except that no owner shall be required to replace any tree with another tree larger than four 4 inches in calfger. c) Fences and walls shall be maintained in good repair. Openings within the barriers may be required by the Zoning Administrator for accessibility to an area for necessary maintenance or Pedestrian accessibility, C. Existing tree credits. Existing vegetation which is suitable for use in compliance with the requirements of if thp § 165-203.01 is tee, including species type and location, existing trees that are preserved may be counted towards the total number of required trees for residential developments. Commercial and industrial developments may utilize existing tree credits when calculating the required number of parking lot trees, as required in § 165-202.01E(11), if the preserved trees are shown on an approved site plan and serve the intent of interior and perimeter landscaping. The following table shows the credit given for each preserved tree, based on the tree's caliper: Caliper (inches) Tree Credit 4to6 1 7 to 12 2 9 DRAFT Changes - Landscaping requirements 10/13/2009 13 to 18 3 19 to 29 4 Greater than 30 5 D. te insuFe the completion Of Fe914iFed i ' - s. Such gua-antieS Shall be in the estimated amount of th nistrate with censultatiOR with the applieant. Such guaraRties shall be Feleased vihep the FequiFed impFevements have been c- mp!eted. Enforcement Procedures and Guaranty Requirements. In lieu of installation of the landscape materials rior to the issuance of an occupancy ermit the developer or Property owner may post a guaranty acceptable to the County, conditioned upon satisfactarV installation of the landscaping ro osed in the Site Plan or Subdivision Design Plan. Such guaranties shall be in the estimated amount of the required improvements. Such quaranties shall be fora Period of completion set bZ the Zoning Administrator with consultation with the applicant. Such uaranties shall be released when the required improvements have been completed. § 165-203.02 Buffer and screening requirements. it is the intent of the regulations ThePurpose and intent of this section is to encourage proper design of a site in order to protect --,-__._ _..-_.•o uses . M..�..� pmpesea u ithiR the site and mitigate the effects of uses on adjacent uses by requiring a screen and/or buffer between the uses in order to minimize the harmful impacts of noise. dust and other debris or other artificial intrusion and other activities or impacts created by an adjoining use. Eertaio types of uses must he hu:ffeFed fFem etheF types in ardeF te ensuFe a desiFahle IiViRg enviFeRment. Additionally, appropriate distances must be maintained between commercial, industrial and residential uses and roads_ The maintenance of all buffer and screening elements shall be in accordance with f 165-203.018(3). A. Distance buffers. Distance buffers are based on the nature of an activity and its proximity to an activity of a different nature. They are linear distances measured from property lines inward. Part of the buffer must be inactive and part may be active. Utility easements maybe included within buffer vard areas provided that the utilitv reauirements and buffer yard requirements are compatible and required landscapina is not planted within said easement. The inactive portion begins at the adjoining property line, as shown in the example diagrams (1) Inactive distance buffer. This portion of a buffer area permits no activity except the necessary utility functions provided by transmission lines, underground conduits, etc. Inactive buffers shall not contain road rights-of- way but may contain vehicular interparcel connections. Stormwater manaaement and BMP facilities shall not be permitted within an inactive buffer area. (2) Active distance buffer. This portion of a buffer area may not be encroached by a building or other principal structure or activity. However, accessory activities, such as parking and passive recreation, are permitted in this area. Active buffers shall not contain road rights-of-way but may contain vehicular interparcel connections and tr avelw (3) Wherever proposed developments are adjacent to or within 1,000 feet of the boundaries of existing uses, the Planning Commission may require increased or additional distance buffers to separate different uses to achieve the intentions of this section. 1. DRAFT Changes - Landscaping requirements 10/13/2009 B. Screening. Screening is designed to work with distance buffers to lessen the impact of noise or visual interaction between adjacent activities. There are two levels of screening: landscape screening and full screening. The higher the level of screening provided, the lower the level of distance buffer required. The example diagrams show how this works. (1) Landscape screening. A landscape screen consists of a totally landscaped easement at least 10 feet in depth; it is encouraged that the plantings to be spaced appropriately within the inactive buffer. Within the easement, there shall be a minimum landscaping density of three plants per 10 linear feet. The buffer shall consist of a combination of 1/3 deciduous trees, 1/3 evergreen trees and 1/3 shrubs. Deciduous trees shall be planted at a minimum of 2" caliper, evergreen trees shall be a minimum of 4' in height and shrubs shall be 18" in height at time of planting. (2) Full screen. A full screen provides all the elements of a landscape screen and also includes a six -foot -high, opaque hedge, fence, wall, mound or berm. A 50 foot strip of mature woodlands may be allowed as a full screen. (3) Wherever proposed developments are adjacent to existing uses, the Planning Commission may require additional landscaping or landscaped easements to separate different uses and to achieve the intentions of this section. C. Residential separation buffers. Perimeter a,Td interie Residential separation buffers shall be established to adequately buffer single-family detached traditional an�',aGiuster dwellings from other housing types. T"^ of the perimeter sepaFatieR buffeF shall be te adequately separate di4erP_Rt heuSing types withiR adjeiRWRO developmeRtS, While the iRteFiGF SepaFation bu#eF shall adequately SepaFate di4P_.FP_At types within Mimp-d- use developments. The requirements for n ^+^F and inter'^r residential separation buffers are as follows: '1 When placed adjacent to one another, di erent housing types shall provide the following residential separation buffers: j1j If ether types of reridential ctr..ct adjaGnnt to single family detacher! tF@d4iGM.I [21 if smF;gle-farnily zeFe let eF single family small let teres are placed against o gle family detached . 7 Sffeening Provided 1AaGtiV- /11A0RiM M) (feet-) Active (Maximum) (feet) Total (feet) r4.1�1 Breen 7-5 2-5 190 Landscape careen 1-50 rG 2-99 Ne X58 W 490 [21 if smF;gle-farnily zeFe let eF single family small let teres are placed against o gle family detached . 7 DRAFT Changes - Landscaping requirements 10/13/2009 wall,Pie Distance Buffer Required Screening Provided Ino,�_� ctive (Minimum) (feet,) Active (NA -...:.„um) IFnn41 Tn+-y t) [uIeen -1-5 409 L a::dseapce 5erYeeep -39 2-9 -SG "tee screeR X58 so 2-98 wall,Pie Qinta -A-ce Q..ffer DequiFed F�rrp R;ng pFevad Inactive (Minipamm) (feet) Active (Maximum) (feet) Total (feet) Tv�c�'-i''ccs-f Pull � Ir-ami-sG re e n -�L3r 409 I andsr=-.ne seFeeR -150 �g 44DO seFeen 4-50 SG p WS FeF age-restrietted- multifaPAlly heusing, the hill bwcreen must inelude all of the landscape screen, with the eveFgFeen eempenent planted at a height of sim feet, and also ipelud-e -a Six feet high fence, mvu'i d orvrenr. DRAFT Changes - Landscaping requirements 10/13/2009 OWN MINIMUM RESIDENTIAL SEPERATION BUFFER AREA REQUIRED Proposed Use/Development Adjoining Existing Use/Development Type 5A 2 3 4 5 1. Single-family detached - - A B B 2. Single-family zero lot line or small lot - - A B B 3. Single-family attached or semi-detached B B - B B 4. Multifamily C C B - A 5. Age -restricted multifamily C C C B - (2) Buffers shall be placed between the lot line of the proposed housing type and the lot line of the existing adjoining use or development. When placed on individual lots the buffer shall be located within a permanent landscape easement and shall be maintained by the homeowners association (3) When age -restricted multifamily housing adioins other housing types the evergreen element of the residential separation buffer shall be planted at a height of six feet (4) When existing mature woodlands are located within the entire buffer area preservation of that woodland will be allowed to substitute for the reguired plant material BUFFER AREA WIDTH AND PLANT REQUIREMENTS Type 5A Inactive (Minimum) (feet) Active (Maximum) (feet) Total (feet) Screen Type A 15 10 25 Full Screen 30 20 50 Landscape Screen A 75 25 100 No Screen B 30 20 50 Full Screen B 45 30 75 Landscape Screen B 75 25 100 No Screen C 75 25 100 Full Screen C 100 50 150 Landscape Screen C 150 50 200 No Screen (2) Buffers shall be placed between the lot line of the proposed housing type and the lot line of the existing adjoining use or development. When placed on individual lots the buffer shall be located within a permanent landscape easement and shall be maintained by the homeowners association (3) When age -restricted multifamily housing adioins other housing types the evergreen element of the residential separation buffer shall be planted at a height of six feet (4) When existing mature woodlands are located within the entire buffer area preservation of that woodland will be allowed to substitute for the reguired plant material DRAFT Changes - Landscaping requirements 10/13/2009 E. Road efficiency buffers. The purpose of these requirements is to ensure that all residential structures are screened from the view of any street classified as a collector road or higher. It is not the intent of these regulations to rovide uniform linear strips of completely opaque screenin but to provide an attractive view of residential neighborhoods Lrom ma'or streets and ensure adequate buffering or the residential neighborhood from the street. (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: Distance Buffer Required Roade_Classification Inactive (minimum) (feet) Active (maximum) (feet) Total (feet) Screen Type Interstate/ arterial/ limited access Full -distance buffer 50 50 100 Landscape Screen Reduced -distance buffer 40 40 80 Full Screen Major collector Full -distance buffer 40 40 80 Landscape Screen Reduced -distance buffer 40 10 50 Full Screen (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 §165-203.02E(3) shall be located within the inactive portion of the road efficiency buffer and be maintained by the homeowner's association. 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 The buffer width may be reduced by up to twenty percent 20% when the line of sight from the travelin lane is at. least ten (10) feet above the rear yard elevation of the ground floor of the dwelling. (4) When existinq mature woodlands are located within the entire buffer area and meet the intent of this section reservation of that woodland will be allowed to substitute for the required plant material. (-3 51 All Foad e4icieRGY Igy4eFS shall contain evergreen trees inteRded ta Feael; a FniRiFnum height ef 20 feet at matyFity. These eveFgFeen trees shall provide a GaRtinuews sc-FeeR, with plantings Spaced no more than 10 feet 10 DRAFT Changes - Landscaping requirements 10/13/2009 height when planted. The Feduced distance buffer shall eontain an earth berm that is six feet in height above the ave-Fage Foad gFade and shall eORtain a single FOW of evergreen trees that are -a minimurn of four feet in height when r,lanted Road efficiency buffers shall contain a mix of evergreen trees deciduous trees and shrubs, as outlined in § 165-203.02B. The evergreen tree component within road efficiency buffers shall be a rainimum of six feet in height when planted. Alternative landscaping may be permitted near entrance drives to ensure safe sight distances. The Planning Commission may allow for alternative designs which meet the intent of the section in the event of topography or sight distance constraints. 11 Item #2 TIA Standards On July 22, 2009, the Board of Supervisors approved new Transportation Impact Analysis Standards. These standards provide County Officials and staff the opportunity to assess the impact of a proposed development. The TIA Standards will apply to all development applications submitted to Frederick County as follows: When a TIA is required Any action that meets the thresholds outlined in the Virginia Department of Transportation Chapter 527 regulations shall require a TIA (see attached VDOT table). Additionally, Frederick County may choose to require a TIA under the following scenarios: 1. All rezonings will require a TIA unless waived by Planning Staff. 2. TIA's for Master Plans will be held to the VDOT Chapter 527 standard for Subdivision Plat, Site Plan, or Plan of Development. 3. Any other proposed action (other than site plan) that has not been previously approved by the County and is expected to generate 100 or more residential vehicle trip ends in the peak hour or 250 commercial vehicle trips in the peak hour, where a TIA has not been completed for a similar or greater trip generation. Additionally, staff may require a TIA on corridors experiencing significant congestion or safety concerns. 4. A change in use that has not been previously approved by the County and, while not resulting in greater trip generation, results in a significant change in trip demographics or peak travel times resulting in an unstudied impact on the transportation system as determined by VDOT or the County. Staff has drafted revisions to the Zoning Ordinance and the Subdivision Ordinance to add references to the TIA Standards for the rezoning, MDP, site plan and subdivision design plan portions. Following the DRRC review of these amendments, staff will forward them to the Planning Commission and Board of Supervisors for their consideration. Attachments: 1. Adopted TIA Standards. 2. Draft revisions to Chapter 165. Traffic Impact Analysis Standards Approved by Board of Supervisors on July 22 2009 A Traffic Impact Analysis (TIA) may be required to allow County Officials and staff the opportunity to assess the impact of a proposed development. The TIA should provide sufficient information to allow this assessment to take place. Any application that includes a TIA, which does not meet the standards herein, shall not be considered complete. When a TIA is required Any action that meets the thresholds outlined in the Virginia Department of Transportation Chapter 527 regulations shall require a TIA (see attached VDOT table). Additionally, Frederick County may choose to require a TIA under the following scenarios: 1. All rezonings will require a TIA unless waived by Planning Staff. 2. TIA's for Master Plans will be held to the VDOT Chapter 527 standard for Subdivision Plat, Site Plan, or Plan of Development. 3. Any other proposed action (other than site plan) that has not been previously approved by the County and is expected to generate 100 or more residential vehicle trip ends in the peak hour or 250 commercial vehicle trips in the peak hour, where a TIA has not been completed for a similar or greater trip generation. Additionally, staff may require a TIA on corridors experiencing significant congestion or safety concerns. 4. A change in use that has not been previously approved by the County and, while not resulting in greater trip generation, results in a significant change in trip demographics or peak travel times resulting in an unstudied impact on the transportation system as determined by VDOT or the County. Process and Report Requirements 1. Submit a determination form to Planning Staff, which will be used to determine whether the project requires a TIA or a VDOT Chapter 527 submittal. 2. Each TIA will be required to undergo a formal scoping meeting with VDOT and County Staff. The applicant shall be responsible for scheduling the scoping meeting with the above agencies. A re -scoping meeting will not be required in the event that one of the agencies is absent. 3. Each submittal must include the following: a. All required VDOT copies and payment to VDOT for Chapter 527 submittal. b. All items on the checklist which can be found in the Traffic Impact Analysis Regulations Administrative Guidelines published by VDOT in September, 2007. (Utilize the subdivision plat or site plan package checklist for master plans.) c. One paper copy (or PDF on CD) and one CD with modeling files. If submitting PDF of the report, both report and modeling files may be on the same CD. d. Planning Staff will distribute all copies to VDOT for review within ten business days and will provide comments and or approval of the TIA within four weeks of submittal. 4. Each TIA must include the following: a. An executive summary which summarizes the development; significant findings of the TIA; and results of proposed mitigation. b. Sections on existing traffic, existing traffic with design year background traffic, existing traffic with design year background and development generated traffic. In certain situations it may be appropriate to eliminate some of the above scenarios or to have other scenarios included; the Planning Staff in concert with VDOT are entitled to make modifications at the scoping meeting. c. The TIA must include all proposed access points, with details about access type. d. Accident Data for the most recent three year period to include accident type and severity if readily available from the State Police. e. Appendices that include output report sheets from the analysis software, grouped according to location. f. Planning Staff and/or VDOT may require additional analysis, required by the uniqueness of each development. Teehnical Details 1. Trip generation must be determined using the most recent addition of the ITE. Trip Generation Report unless a variance is granted by VDOT or the Planning Staff. Only trip generation methodology approved by VDOT and Planning Staff may be used. 2. The TIA must depict the maximum traffic generated by the proposed zoning as determined by the Planning Staff. If the proposed proffers limit the development activities to uses that produce equal or less traffic, a less than maximum impact may be used. 3. The applicant may include other applicable scenarios in their presentation to the Board of Supervisors and/or Planning Commission. 4. Existing signal timings provided by VDOT must be used for existing conditions. However, where existing signal timings are not operating optimally as demonstrated by the applicant and agreed to by VDOT, an improved signal timing plan may be used if that plan is provided by the applicant. 5. Level of Service (LOS) must be considered for all signalized movements and approaches and shown graphically in the report. 6. When level of service does not meet the requirements of the Comprehensive Plan, the report must include suggested improvements that would mitigate the impacts of the development as required by the Comprehensive Plan. 7. When a new signal is proposed, arterial level of service must be analyzed, including a signal progression analysis if warranted. 8. When conditions of existing or existing with background scenarios result in a level of service F, additional analysis must be completed, including development traffic to determine the impacts of the new development. Items to include in this comparison are intersection capacity utilization, changes in delays, queue lengths, and vehicle to capacity ratio. ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 102 — Amendments § 165-102.05 Impact analysis. A report analyzing the impacts of any rezoning shall be required to be submitted by the applicant with any application for rezoning. The Director of Planning and Development may exempt rezoning applications from this requirement if the application is for less than -20five acres and if no significant impacts are anticipated. A. The impact analysis shall be in the form of a report meeting standards set forth in the Comprehensive Plan and standards published by the Department of Planning and Development. The Director of Planning and Development shall determine which issues need to be addressed. B. The impact analysis shall include a Transportation hm act Analysis (TIA) shall be prepared and submitted to the Department of Planning and Development in accordance with the adopted Traffic Impact Analysis Standards. B.C. In general, the impact analysis shall assume the maximum density or intensity of development allowed under the rezoning classification. Lesser densities or intensities can be assumed if such lesser densities or intensities are proffered as conditions on the rezoning. In general, the maximum possible impacts shall be assumed unless conditions are proffered to lessen those impacts. The impact analysis may be based on a particular master development plan or site plan only if that plan is proffered as a condition of the rezoning. G.D. The impact analysis shall include the following: (1) The use of surrounding land and potential economic, physical, visual, nuisance and other impacts on surrounding properties. (2) The anticipated increase in traffic to be generated as a result of the rezoning, anticipated entrance locations, anticipated changes in traffic patterns and turning movements on public streets and anticipated impacts on the capacity and efficiency of existing and planned public roads. (3) The anticipated methods by which sewer and water facilities will be provided to the site. (4) The anticipated increase in potential population resulting from the rezoning, including the potential increase in population in various age groups. (5) The projected additional demand for school facilities, public parks and recreational facilities, solid waste facilities, emergency services facilities and other public facilities. (6) Anticipated stormwater impacts. (7) The location of important environmental features on the site and anticipated environmental impacts. (8) The location of historic structures and sites in relation to the site and impacts on those historic structures and sites. ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS Part 801— Master Development Plans § 165-801.06 Preliminary master development plan. Applicants shall submit 42 copies of the preliminary MDP to the Department of Planning and Development, together with completed application materials required by the Department of Planning and Development. Final approval of the preliminary MDP shall be given by the Board of Supervisors. A. Applicants shall provide comments on the proposed development from various agencies or developments as required by the Department of Planning and Development. The submission shall be complete and the application shall commence when the plans, application materials and agency comments have been received by the Director of Planning and Development, when a review conference has been held, when a preapplication conference has been held, if required, and when the preliminary master development plan has been reviewed by the Design Review Committee, if required. B. A Transportation Impact Analysis (TIA) shall be Prepared and submitted to the Department o Planning and Development with all MDP applications in accordance with the adopted Traffic Impact Analysis Standards. C. The Director of Planning and Development may require the applicant to present the preliminary MDP to a design review committee for review. The committee shall make recommendations to the Planning Commission concerning whether the plan meets the requirements of the Frederick County Code, D. When the submission is complete, the Director of Planning and Development shall submit the plans, application materials and comments to the Planning Commission for its consideration. (1) The Planning Commission shall act on the preliminary MDP within 60 days of the date of the presentation of the plan to the full Commission. The Planning Commission shall either approve the plan, approve it with required changes or deny the plan. If the Planning Commission fails to act within 60 days, the plan shall be submitted to the Board of Supervisors without recommendation. (2) The Planning Commission shall notify the Board of Supervisors of its action on the proposed preliminary MDP and of any required changes or reasons for denial. If the preliminary MDP is denied by the Planning Commission, the applicant may choose to withdraw the application and resubmit it with changes as a new plan, rather than proceeding to the Board of Supervisors. However, the applicant may choose to proceed with the recommendation of denial to the Board of Supervisors. E. Following the action of the Planning Commission, copies of the plan, application materials and agency comments shall be submitted to the Board of Supervisors for its consideration. The Board shall either approve the preliminary MDP, approve it with required changes or deny the plan. F. The preliminary MDP submitted to the Board of Supervisors for review shall not be substantially changed from plans reviewed by the Planning Commission. Changes may be made that were discussed or required by the Planning Commission. Other substantial changes to the plan shall require that the Planning Commission review the plan as a new preliminary MDP. F. Site plans or final subdivision plats may be submitted concurrently with preliminary master development plans for review according to the procedures set forth in this chapter and Chapter 144, Subdivision of Land, of the County Code. Any such plans may be considered concurrently by the Planning Commission and may be referred to the Board of Supervisors for approval. Part 802 — Site Plans § 165-802.02 Site plan applications; review. A. Applicants shall submit two copies of the site plan to the Zoning Administrator for review, along with applicable fees and completed application materials required by the Zoning Administrator. Final approval of the site plan shall be given by the Zoning Administrator. At least five copies of the site plan are required to be submitted to the Zoning Administrator for final approval. B. Applicants shall prepare and submit a Traffic ft -pact Anal sis with all site plana lications in accordance with the adopted Traffic Impact Analysis .Standards. 9.C. Applicants shall provide comments on the site plan from various agencies as required by the Department of Planning and Development. C.D. The Zoning Administrator may require the applicant to present the site plan to the Technical Review Committee for review. The Committee shall make recommendations to the Zoning Administrator concerning whether the plan meets the requirements of the Frederick County Code. -D. E. A site plan submission shall be considered to be complete when the fees, plans, application materials and comments have been received and when the Technical Review Committee has reviewed the plan, if required. E. F. When the site plan submission is complete, the Zoning Administrator may submit the site plan to the Planning Commission for its review. (1) The Zoning Administrator shall determine whether to submit the site plan to the Planning Commission based on the following considerations: (a) The scale or intensity of the proposed use. (b) Potential impacts on surrounding properties. (c) Potential traffic hazards or congestion. (2) In addition, the Planning Commission may request that the site plan be presented to the Commission for its review. €.G The Planning Commission may make recommendations to the Zoning Administrator concerning the site plan. The Zoning Administrator shall incorporate such recommendations into the review of the site plan. The site plan shall be finally approved or denied by the Zoning Administrator. G.H Approval of the site plan shall expire within five years of the approval date unless building permits have been obtained for construction. 14.1 The Zoning Administrator or his designated representative shall periodically inspect the site during construction to ensure that the site plan requirements are met. - _._- U No certificate of occupancy shall be issued for any use or site requiring a site plan until all requirements shown on the approved site plan have been met and all improvements shown on the site pian have been provided. If structures and improvements have been provided sufficient to guarantee public health and safety but if all site plan improvements have not been completed, a certificate of occupancy shall only be issued if a bond with surety or other acceptable guaranties have been provided to insure that all approved improvements will be provided. Such guaranties shall be for a limited time period acceptable to the Zoning Administrator, during which time said improvement shall be completed. ARTICLE IV Subdivision Review Procedures § 144.12. Subdivision design plan. A.—The intention of the subdivision design plan is to provide all review agencies with a comprehensive design of the proposed layout and improvements required under § 144-36 of this chapter, as well as all requirements of Chapter 165, Zoning. The subdivider shall submit two copies f the bdi deSigR plan, applicable fees, and all required subdivision application materials to thp S;--hrjovkien AdmiRistrater f0F review and Gernment. At least five copies of thp fin;iI subdivision design plan sha4 A. The subdivider shall submit two copies of the subdivision design plan applicable fees, and all required subdivision application materials to the Subdivision Administrator for review and comment. B. A Transportation Impact Analysis (TIA) shall be prepared and submitted to the Department of Planning and Development with all subdivision design plan applications in accordance with the adopted Traffic Impact Analysis Standards. C. The Department of Planning and Development shall act on a proposed subdivision design plan within 60 days after it has been officially submitted by either approving or disapproving it in writing and giving with the latter specific reasons therefore D. The Planning Commission may request to review any subdivision design plan for approval. E. In cases where subdivision design plans are submitted for land not included in an approved master development plan the Board of Supervisors shall approve approve with modifications or disapprove such plans after a recommendation has been provided by the Planning Commission. F. At least five copies of the subdivision design plan shall be submitted to the Zoning Administrator for final approval. Item #3 HA Historic Area Overlay Zone The Historic Overlay (HA) Zone was adopted by the Board of Supervisors in November of 1991. This district was intended to enhance and aid in the preservation and protection of historic resources in the County. The current overlay zone contains criteria for establishing districts (rezoning process), criteria for determining historic significance, general regulations (revisions to be approved by the HRAB, demolition, sale) and administration. The current overlay zone does not contain any design criteria for development or alterations and, therefore, any landscaping, parking and the like would have to follow the regulations of the underlying zoning district. In 1995, a set of guidelines for new construction within the overlay zone was presented to the Board of Supervisors. These guidelines were not approved because it was felt they were too specific and, to date, no other changes have been proposed to the HA Zone. Staff is now proposing revisions to the HA zone to address certain design elements for new construction within the zone, as well as other minor updates and revisions. Specifically, the revisions and additions include: revisions to the general regulations, addition of guidelines for construction or alterations, additions to the administration section. The Historic Resources Advisory Board (HRAB) reviewed this ordinance amendment at their September 15, 2009 meeting. The HRAB requested minor changes to the ordinance at the meeting and requested that the updated ordinance be sent to them. The changes were made to the ordinance and it was sent to the group and endorsed. Following the DRRC review of these amendments, staff will forward them to the Planning Commission and Board of Supervisors for their consideration. Attachments: 1. Draft Ordinance (Chapter 165, Part 703). ARTICLE VII OVERLAY DISTRICTS Part 703 — HA Historic Area Overlay Zone § 165-703.01 Intent. The HA Historic Area Overlay Zone is intended to protect, enhance and aid in the perpetuation of especially noteworthy examples or elements of Frederick County's cultural, social, economic, religious, political, agricultural, military, industrial or architectural history in order to: A. Foster civic pride and an appreciation for historic values. B. Maintain and improve property values by providing incenti_v_es for upkeep and rehabilitation. C. Protect and enhance the County's attractiveness to tourists and visitors. D. Provide for the education and general welfare of the people of the County. E. Encourage nomination of qualified historic properties to the state and national registers. § 165-703.02 Establishing overlay boundaries. HA Zones may be created by amending the Zoning Chapter as provided for in Article I of this chapter. Following a public hearing, the Historic Resources Advisory Board (HRAB) may Initiate a proposal to the Planning Commission and the Board of Supervisors for amendments, including the establishment of HA Zones and the revision of existing HA Zones. A proposal for such amendment(s) may also be submitted by residents of an area that wish it to be designated as an historic area. A. The HRAB or applicant shall submit a report to support the proposed amendment. The report shall suggest the historic boundaries as well as describe the historic and/or architectural significance of the buildings, structures or sites to be protected, current planning affecting the area, present development trends and conditions in the area and the public objectives for preservation. B. A public hearing shall be held by the Board of Supervisors prior to adoption of a proposed zone. Notice shall be sent to all property owners within the boundaries of the proposed zone, indicating the time and place of the public hearing. The notice shall also state that residents may express their opposition to the proposed district in writing. The Board of Supervisors shall alter the boundaries of the proposed zone to exclude those property owners expressing opposition. C. Any area to be designated as an HA Zone shall in fact include landmarks, buildings, structures or sites determined to be of historical and/or architectural significance. All stated recommendations of the HRAB which supplement or modify the general regulations of this article may be adopted by the Board of Supervisors and applied to the zone created. D. At the time an overlay zone is established, the Board of .Supervisors may create an additional position and appoint a member to the HRAB. The member appointed shall be the owner of property within the newly established zone and shall serve a term of two years. 1 § 165-703.03 Criteria for determining historic significance. The significance of an historic area shall be based on cultural, architectural and historical factors and shall be documented in a written report, which shall include a discussion of the following: A. Architectural style_ 1) Presence of distinguishing characteristics of a recognized style. 2) Significance of architectural design. 3) Scale and/or interrelationship of structures and/or environmental features. 4) Significant patterns of development. 5) 5) Quality of workmanship. 6) Amount of surviving original material. 7) Original location and/or use. 8) Remaining outbuildings or dependencies. 9) Surrounding environment, gardens, landscaping and walks. 10) Overall aesthetic quality_ 11) Original integrity of the structure and its details. B. Historic and/or cultural significance. 1) Association with historic person. 2) Association with historic events. 3) Work of leading architect or master craftsman. 4) Site or structure of cultural significance. C. Additional information. 1) A description of existing structures and uses likely to have an adverse effect on the character of the district, including those near and visually related to the district, with maps, photographs and other data indicating the reasons for such an effect. 2) A list of structures within the zone which notes which structures are contributing and which are not. Surviving building types and structures not historic in themselves but adding to the character of an historic area need to be looked at as potentially deserving preservation. Pa 3) An analysis of lands not occupied by structures, including lands near and visually related to the district. For public lands, ownership, use and location shall be indicated. For private lands, assessed valuation shall be added as well as existing zoning and planned land use. 4) Recommendations concerning supplemental regulations to be applied to the historic area under consideration for the purpose of preventing changes which are incompatible with the buildings, structures or sites to be preserved. Such regulations may include permitted and prohibited principal and accessory uses and structures, minimum lot and yard requirements, maximum lot coverage by all buildings, maximum height of structures, off-street parking and loading requirements, control of signs and exterior illumination and the control of significant exterior alterations to existing buildings. § 165-703.04 General regulations. Within the Historic Area Overlay Zone, these regulations shall apply: A. New construction, reconstruction and significant exterior alterations. No building or structure, including signs, shall be erected, reconstructed or substantially altered in exterior appearance unless the HRAB approves of the proposed activity's compatibility with the historic, cultural and/or architectural aspects of the zone and issues a certificate of appropriateness. All requests for construction, reconstruction and sicinificant exterior alterations presented to the HRAB shall be in conformance with § 165-703.05 Guidelines for new construction and alterations. B. Matters to be considered in passing upon the appropriateness of construction, reconstruction or significant exterior alteration of buildings or structures by the HRAB. The HRAB shall not consider interior alterations and shall only impose restrictions for the purpose of preventing development incompatible with the historic aspects of the area. C. The HRAB shall consider the Secretary of the Interior's Standards for Rehabilitation and the following in evaluating the appropriateness of architectural features: (1) The extent to which the proposed action will affect the overall character and continuity of the area. (2) Whether elements of the general design, such as scale, height and proportion of the proposed work are visually compatible with the surrounding area. (3) Whether the texture and materials proposed are compatible with existing structures in the area. D. Demolition. No contributing building or structure within any HA Zone shall be demolished or removed, until a certificate of appropriateness is issued by the HRAB. The demolition or removal of a noncontributing structure may be authorized by the Zoning Administrator. E. Matters to be considered in determining whether to grant a permit for razing or demolition. The HRAB shall consider any and all of the following criteria: 1) Is the historic resource of such architectural, cultural or historical interest that its removal would be detrimental to the public interest? 2) Could the building only be reproduced at great expense or difficulty due to its unique or unusual texture, material or design? 3 3) Would demolition of the structure result in the loss of a significant historic place or resource in Frederick County? F. Offer for sale. The owner of a building, structure or site in a historic district shall, by right, be entitled to demolish the same, provided that: 1) The property owner has applied for a demolition permit. 2) The property owner has made a bona fide offer to sell the structure and land on which it is located to an individual or group which makes reasonable assurances that it will preserve the landmark. The property shall be offered at a price reasonably related to its fair market value as determined by an independent appraisal for the period established by the schedule below: Time Period (months) Asking Price 3 Less than $25,000 4 Between $25,000 and $40,000 5 Between $40,000 and $55,000 6 Between $55,000 and $75,000 7 Between $75,000 and $90,000 12 Over $90,000 G. Hazardous buildings or structures can be demolished without consideration by HRAB with written approval of the .Zoning Administrator, stating the conditions which justify the demolition. H. Moving or relocation. No landmark, building or structure within a district shall be removed or relocated if the move would be detrimental to the public interest or the historic integrity of the structure unless approved by the HRAB. I. Uses permitted. Within the Historic Area Overlay Zone, general regulations and permitted uses shall be the same as provided within the respective underlying zoning districts except where such regulations are modified or amended by recommendation of the HRAB and adoption of the Board of Supervisors. J. Exceptions. Where the strict interpretation of these regulations creates an undue hardship, the HRAB may make recommendations for reasonable exemptive relief. §165-703.05. Guidelines for new construction or alterations. A. New construction should s eak of the historical era within the particular HA Overlay Zone but should not seek to replicate or reproduce existing features and should complement the existing historic architecture and character. Franchise architecture should be avoided in HA Overlay Zones. All new construction should protect and preserve significant archeological resources. The HRAB may use its discretion in determinin M an applicants de ree of compliance, as long as a proposed design is consistent with the purpose and intent of the HA Zone. B. New construction should maintain a height and scale which is compatible with adjacent buildings and other existing structures in the historic area. C. items such as mechanical equipment, meters transformers, HVAC equipment and dum sters should be visually screened from public view. D. Freestanding signage shall conform to the requirements a 165-201.06. Wall mounted signs shall be limited to twenty feet in hei ht above grade and only one building mounted sign not to exceed fifty (50) square feet shall be Permitted Per building ace. E. Parking areas should be designed to maintain the intearitY of an areas historic nature by minimizin_ the dominance of the automobile and reducing the visual impact of parkingareas. Parking areas should be laced as to not deem hasize the main structures in the HA Overlay Zone. Parking areas within an HA Zone shall conform to the Parking space and landscapinq requirements of § 165-202.01 but shall not be sub'ect to the surface materials and curbs and autters requirements. Parking areas within HA Zones shall beermined to utilize brick avers rein orced gravels stems or similar materials so long as a dust -free environment is maintained. Parking surfaces comprised solely of unfortified grass areas are not acceptable. § 165-703:85 06 Administration. A. Zoning Administrator. Theme Zoning Administrator shall not authorize a permit for any erection, reconstruction, significant exterior alteration, demolition or razing of a building, structure or site in the HA Historic Area Overlay Zone until the same has been approved and a certificate of appropriateness issued by the HRAB, following the procedures set forth below. B. Upon receipt of an application for such a permit in the Historic Area Overlay Zone, the Zoning Administrator shall follow the procedures below: 1) A copy of the application for such a permit, together with a copy of the site plan and the building plans and specifications filed by the applicant shall be forwarded to the HRAB. 2) A file of all such applications and related materials shall be maintained. C. Materials to be submitted for review. Twelve copies of all materials prepared in relation to the application shall be submitted by the applicant. The Zoning Administrator or the HRAB may require submission of any or all of the following: architectural plans, site plans, landscaping plans, design for proposed signs with appropriate detail as to character, proposed exterior lighting arrangements, elevations of all portions of structure with important relationships to public view (with indications as to visual construction materials, design of doors and windows and relationships to adjoining structures) and such other exhibits and reports as are necessary for these determinations. D. Fees. The Board of Supervisors shall establish a schedule of fees for the submission and review of an application for a certificate of appropriateness. 5 E. Other approvals required. In any case in which an applicant's proposal also requires the approval of the Board of Zoning Appeals, approval by the Board of Zoning Appeals shall be obtained prior to action by the HRAB. F. Action of the Historic Resources Advisory Board. 1. The HRAB shall return, within 60 days after submission of the application, its decision concerning granting a certificate of appropriateness for the erection, reconstruction, significant exterior alteration, restoration, razing or demolition or relocation of all or part of any building within the HA Zone. The HRAB shall apply the following criteria for its evaluation of any application: a) Risk of substantial alteration of the exterior features of a historic resource b) Compatibility in character and nature with the historic architectural or cultural features of the historic overlav district. 0 Exterior architectural features includina all sians d) General design scale and arrangement e) Texture and material. f) The relationship of the size design and siting of any new or reconstructed structure to the landscape of the landscape of the district (421 If the HRAB grants a certificate of appropriateness, it shall authorize the Zoning Administrator to issue a permit for the work specified in the application. If the HRAB disapproves the application, the reasons shall be stated in writing and forwarded to the applicant, and the Zoning Administrator shall disapprove the application for the required permit. The disapproval shall indicate what changes in the plans and specifications would enable the proposal to meet the conditions for protecting and preserving the historical character of the HA Zone. If the applicant determines that he will make the suggested changes, he shall so advise the HRAB in writing, which shall act accordingly. -23J In the case of disapproval, the application shall not be resubmitted for consideration until 12 months have elapsed from the date of disapproval unless the indicated changes in plans and specifications have been incorporated into the reapplication. The applicant may appeal the disapproval to the Board of Supervisors. 0