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HomeMy WebLinkAboutDRRC 10-25-12 Meeting AgendaMEMORANDUM COUNTY of FREDERICK Department of Planning and Development 540/665-5651 To: Development Review and Regulations Committee From: Candice E. Perkins, AICP, Senior Planner N Subject: October Meeting and Agenda Date: October 17, 2012 FAX: 540/665-6395 The Frederick County Development Review and Regulations Committee (DRRC) will be meeting on Thursday, October 25, 2012 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) Master Development Plan Review and Submission Requirements. Discussion on revisions to the Frederick County Zoning Ordinance to revise the MDP review and submission processes. 2) Tall Grass in Commercial and Industrial Zoning Districts (Chapter 122). Discussion on proposed changes to the tall grass and weeds ordinance to include requirements for the cutting of growth in the commercial and industrial zoning districts as well as other administrative changes. 3) RA Setback Reduction. Discussion on revisions to the Frederick County Zoning Ordinance to remove a waiver opportunity from the RA (Rural Areas) Zoning District that allows the Board of Supervisors to modify setbacks. 4) Private Streets in the R5 Zoning District. Discussion on revisions to the Frederick County Zoning Ordinance to remove the requirement that R-5 communities must be "age restricted communities" to qualify for private streets. 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 Dent Street, Suite 202 • Winchester, Virginia 22601-5000 Item #1: Master Development Plan Review and Submission Requirements Staff has prepared a revision to Part 801 of the Zoning Ordinance - Master Development Plans to update the MDP requirements, revise how MDP's are processed, and reorganize the text for clarity. Proposed changes are as follows: • The text has been reorganized as follows: o Review Conference and Preapplication conference have been combined. o The required content (plan information) for MDP's has been relocated from the end of the ordinance to the beginning (so that it is ahead of the MDP submission requirements). • Ordinance updates: o Intent — updated to include references to subdivisions. o MDP Process has been modified to remove the Planning Commission and Board of Supervisors approval requirement. MDP's are reviewed by County staff to ensure compliance with the County Code and then presented to the Planning Commission and the Board of Supervisors as an information item only (consistent with how MDP's are currently being processed). o Revised MDP Process flow chart. Staff is seeking input from the DRRC on the proposed changes shown in the attachment. 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. Proposed Revisions (Part 801), Pages 3-11 2 ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS Part 801— Master Development Plans § 165-801.01 intent. The purpose of the master development plan (MDP) is to promote orderly and planned subdivision and development of property within Frederick County. It is the purpose of the MDP to ensure that such development occurs in a manner that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. The MDP shall be used to illustrate the characteristics of the property proposed for subdivision and/or development and of surrounding properties and ensure that the requirements of the County Code have been satisfied § 165-801.02 When required. A. A preliminary Master Development Plan (MDP) and a final nano shall be submitted to the Director of Planning and Development, and shall be presented to the Planning Commission and the Board of Supervisors as an informational item. fer PIaRRing Commission and Beard of Supervisors. approval Ultimately,the MDP must receive administrative approval from the Director of Planning and Development and the County Administrator prior to any subdivision or development of property in any of the following zoning districts: RP Residential Performance District R4 Residential Planned Community District R5 Residential Recreational Community District MH1 Mobile Home Community District HE Higher Education District MS Medical Support District 61 Neighborhood Business District B2 Business General District B3 Industrial Transition District OM Office -Manufacturing Park District M1 Industrial Light District M2 Industrial General District EM Extractive Manufacturing District 3 B. The MDP shall attest include the sub'ect propertV Proposed for subdivision ordevelopment as well as all contiguous land under single or common ownership in the above zoning districts. C. A preliminary MDP may be submitted with an application for a rezoning but shall not be considered binding until approval of a final MDP. § 165-801.03 Waivers. A. RP, R4, R5, iS and MH1 Districts. The Director of Planning and Development may waive the requirements of a MDP in the RP (Residential Performance District), the R4 (Residential Planned Community District), the RS (Residential Recreational Community District), ^^e& ^I c„h.. ,.. DiStFiGt and the MH -1 (Mobile Home Community District), if the proposed property for subdivision or development: (1) Contains 10 or less single-family detached rural traditional sin le -family detached traditional or single-family detached urban tFaditienal detached siRgle-family dwelling units (all other permitted _housing types shall require a MOP); (2) Is not an integral portion of a property proposed or planned for future development or subdivision; (3) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and (4) Does not substantially affect the purpose and intent of its zoning district and the intent of this article. B. M1, EM and M2 Districts. The Director of Planning and Development may waive the requirement of a MDP in the M1 (Light Industrial), Zoning PistFie the EM (Extractive Manufacturing), Ze^ing PistriO or the M2 (Industrial General) Zoning Districts if the proposed subdivision or development: (1) Includes no new streets, roads or rights-of-way, does not further extend any existing or dedicated street, road or rights-of-way and does not significantly change the layout of any existing or dedicated street, road or rights-of-way; (2) Does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one lot; (3) Is not an integral portion of a property proposed or planned for future development or subdivision; (4) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and (5) That such development does not substantially affect the purpose and intent of this chapter. C. B1, B2, B3, MS and HE Districts. The Director of Planning and Development may waive the requirement of a master development plan in the B1 (Neighborhood Business), B2 (Business General), B3 (Industrial Transition), MS (Medical Support) or HE (Higher Education) Zoning Districts if the proposed subdivision or development: (1) Contains less than five acres in the B1 District and less than 10 acres in the 132, B3, MS or HE District; 91 (2) Includes no new streets, roads or rights-of-way, does not further extend any existing or dedicated street and does not significantly change the layout of any existing or dedicated street; (3) Does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one lot; (4) Is not an integral portion of a property proposed or planned for future development or subdivision; (5) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and (6) That such development does not substantially affect the purpose and intent of this chapter. § 165-801.04 Revievv Prea lication conference. Prior to submission of a preliminary master development plan for review appFevai, the Department o Planning and Development staff may require, or an applicant may request a preapplication conference with the Ge.,.,,ty staff-; The purpose of the preapplication revie4 conference is to review and discuss the nature of the proposal in relation to the requirements of the County Code and to discuss the preparation of a master development plan. A. If required at the preapplication conference the applicant shall provide a land use plan describing the following: (1) The general location of the site. 2 The general location of Proposed roads. (3) The general location and types of proposed uses environmental features on the site housing types or open space. (4) The uses on adjoining properties. 5 space,(3) The geReFal location of pFopeseel uses, envipenme--Ldl Calreas, housing types or open § '��0.165-801.5 Contents of master development plans. A. The following items shall be required for MDP's in all Zoning Districts. All required items shall be shown clearly on the plan. All preliminaF MDP's shall be prepared in accordance with the following specifications: (1) The scale shall be one inch equals 100 feet or larger (the ratio of feet to inches shall be no more than one hundred feet to one inch) or at a scale acceptable to the Director. The scale shall be sufficient so that all features are discernible. (2) No sheet shall exceed 42 inches in size unless approved by the Director of Planning and Development. If the MDP is prepared on more than one sheet, match lines shall clearly indicate where the sheets join. (3) All MDP's shall include a North arrow, a scale and a legend describing all symbols. (4) A boundary survey of the entire property related to true meridian and certified by a certified Virginia surveyor, architect or engineer, with all dimensions in feet and decimals of feet, is required for all MDP'S. (5) The total area of the property shall be specified on the MDP. (6) The topography shall be shown at contour intervals acceptable to the Director (7) The title of the proposed project; the date, month, year the plan was prepared or revised; the name of the applicant(s), owner(s) and contract owner(s); and the names of the individuals or firms preparing the plan shall be clearly specified. (8) A schedule of phases, with the approximate location of phase boundaries and the order in which the phases are to be developed, shall be provided. (9) The use of all adjoining properties shall be clearly designated on the MDP. 6 (10) All existing, er approved or planned public roads, streets or rights-of-way on the project or within 2,000 feet of the boundaries of the project. (11) Any approved proffers associated with property (12) The location and treatment proposed for all historical structures and sites recognized as significant by the Frederick County Board of Supervisors or as identified on the Virginia Historical Landmarks Commission Survey for Frederick County, (13) A history of all land divisions that have occurred in relation to the tract since the adoption of this requirement. (14) The approximate location of sewer and water mains with statements concerning the connection with and availability of existing facilities (15) The ownership and use of all adjoining parcels including parcels across road right of ways B. Contents of a prelirninaFy master development plan in the RP (Residential Performance) District, the R4 (Residential Planned Community) District, the R5 (Residential Recreational Community) District and the MH -1 (Mobile Home Community) District. The prelarninaFy MDP shall contain a conceptual plan, showing the location and functional relationship between all proposed housing types and land uses, including the following information: (1) A land use plan, showing the location, arrangement and approximate boundaries of all proposed land uses. (2) The approximate acreage in common open space, in each use and housing type and in roads, streets or rights-of-way for each phase and the total development. (3) The location and approximate boundaries of proposed housing types conceptually shown in accord with residential performance dimensional requirements. (4) The proposed number of dwelling units of each type in each phase and in the total development. (5) The location and approximate boundaries of existing environmental features, including floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes and woodlands. (6) The location of environmental protection land to be included in common open space. (7) The approximate acreage of each type of environmental protection land, the amount and percentage of each type that is to be disturbed and the amount and percentage of each type to be placed in common open space. (8) The amount, approximate boundaries and location of common open space, with the percentage of the total acreage of the site to be placed in common open space. (9) The location and general configuration of recreational facilities, with a general statement of the 7 types of recreational facilities to be provided. (10) The location and extent of proposed buffers, with statements, profiles, cross sections or examples clearly specifying the screening to be provided. (11) The proposed location, arrangement, and right-of-way widths of roads and streets, including roads and streets providing access to adjoining parcels, shall be in accordance with § 165-202.04. (12) The location and arrangement of street entrances, driveways and parking areas. (13) The appFoximate lecatien of sewer and wateF MaiRS with statements eenceFning the GeRReCti&R wmth and availability ef existing facilities. 13 A conceptual plan for stormwater management with the location of stormwater facilities designed to serve more than one lot. 14 Calculations describing all proposed bonus factors with the location of and specifications for bonus improvements, when proposed. (IG) The lecatien and tFeatment proposed -for -a" h;_rtA_1r*GaI structure -s and rites Fecegnized as (17) A histery ef all Iand divisieRs that h -ave A-p-c-UrFed in relat;GR te the tract since the adeption of this C. Contents of a ^rFy master development plan in the M1 (Light Industrial) District, the M2 (Industrial General) District, the EM (Extractive Manufacturing) District, the HE (Higher Education) District, the 131 (Neighborhood Business) District, the B2 (Business General) District, the B3 (Industrial Transition) District, the OM (Office -Manufacturing Park) District and the MS (Medical Support) District. The PFeIiFniRary MDP shall contain a conceptual plan, showing the location and functional relationship between streets and land uses, including the following: (1) A conceptual plan, showing the location and arrangement of proposed uses. (2) The location and approximate boundaries of existing environmental features, including floodplains, lakes and ponds, wetlands, natural stormwater detention areas, steep slopes and woodlands, as defined, and the approximate acreage of each type of environmental feature including the amount and percentage of each type that is to be disturbed and the amount and percentage of each type to be placed in open or landscaped areas (3) The proposed location and arrangement of all streets proposed and existing utility systems. (4) The pFepesed lecatien of entFances to the development fFern existing public streets. The location and arrangement of existing and proposed public or private roads existing or proposed entrances, and driveways from existing and proposed public or private streets (5) A conceptual plan for stormwater management and description and the location of all E'! stormwater facilities designed to serve more than one parcel. (7) All prepesed buffeFing and sereeningrequired by this—chapter The location and extent of proposed buffers required by this Chapter, with statements profiles cross sections or examples clearly specifying the screening to be provided § 165-801.06 RF;a;TMaster development plan submission. Applicants shall submit 42- the number of copies of the preliminary MDP to the Department of Planning and Development specified by the Department of Planning and Development MDP application, together with completed application materials required by the Department of Planning and Development. Final approval ef the preliminary MDP shall be given by the Board of Supervisors-. A. Applicants shall provide approval comments on the proposed development from various review agencies or departments as required by the Department of Planning and Development. The submission shall be complete and the application shall commence through the public meeting process when the plans, application materials and review agency approval comments have been received by the Director of Planning and Development, wheR a review GeRfeFenees p«w- development plan has been reviewed by the Design Review Committee, if . C—B. When the submission is complete, the Director of Planning and Development shall submit the plans, application materials and review agency approval comments to the Planning Commission fer 4-s as an informational item. 9 D C. Following the informational presentation of the MDP to aetiGR) the Planning Commission, copies of the plan, application materials and agency comments shall be submitted to the Board of Supervisors for its as an informational item. sicleFati The BeaFd shall ith approve the prekninary MDP, approve it with requiFed changes or deny the plan. € D. 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 oFrequired by the Planning Commission. Other substantial changes to the plan shall require that the Planning Commission review the plan as anew �"N�,aF MDP. E. 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 GEMSidered GORcuFrently by-t4e PlanRing Commission and may be Feferred to the BeaFd of SupeFViSeFS for approval� Master Development Plan Approval Process Preapplication Conference with Staff if required or requested Applicant submits completed MDP application to Staff, including all j agency approval comments. MDP is presented to the Planning Commission as an information item. All comments are forwarded to the Board of Supervisors. MDP is presented to the Board of Supervisors as an informational item. Final MDP approval by Staff. Final subdivision or site plan can be submitted for review. § 165-801.07 Final master development plan. A. The final MDP shall conform to all requirements of the Countv Code A:8 Applicants shall submit 44-a minimum of five copies of the final MDP to the Department of Planning and Development. Final approval of the final MDP shall be given by the Director of Planning and 10 Development and the County Administrator. C. The Director shall approve the final MDP if all requirements of the County Code and all review agencies have been met, and if a preliminary MDP was presented to appreved-by the Planning Commission and Board of Supervisors and if all required changes have been made -a." .-',—ements of the Ceunty Code have beeR met, within 60 days ef its pail -re of thp D;Fecter te act iR 60 days shall be deemed appFeVal-. D. A MDP shall not be considered final until it is signed by the Director of Planning and Development and the County Administrator. § 165-801.08 Changes to approved Master Development Plans. Changes to an approved MDP shall occur only after review appreual by the Planning Commission and the Board of Supervisors using the procedures required for the approval of a new plan. The Director of Planning and Development may approve minor changes without following the full procedures, if such approval does not violate the intent of this chapter and section. Such minor changes shall not include increases in the density or intensity of development, changes to entrance or street layout, changes to stormwater layout or other major design changes. § 165-801. 9 Master development plan review fees. The Board of Supervisors may adopt a schedule of fees to be paid by the applicant to the County for the costs associated with the review of the MDP. 11 Item #2: Tall Grass in Commercial and Industrial Zoning Districts (Chapter 122) Staff has been requested to draft a revision to Chapter 122 — Nuisances to address the cutting of tall grass and weeds in commercial and industrial zoning districts. Currently the ordinance only pertains to residential zoning districts. Staff has also drafted new definitions as well as revisions to the notice requirements and the lien text. Proposed revisions are as follows: • Definitions: o Proposed definition of owner and weeds. Cutting of grass, weeds and foreign growth in commercial and industrial districts (similar requirements to the residential districts): o It shall be unlawful for the owner of any developed or undeveloped property zoned for commercial or industrial use (B 1 Neighborhood Business, B2 Business General, B3 Industrial Transition, M1 Light Industrial, M2 Industrial General, OM Office -Manufacturing Park, MS Medical Support) to permit grass, weeds and other foreign growth standing more than 18 inches in height to remain on property which lies within 100 feet of any dwelling, building or road right-of- way. Inspection and Notice Requirements and Liens: o Removes the inspection and notice text from the "prohibited growth generally" section and creates a new section titled "Inspections and notice to cut". o Revised text states that written notice shall be posted on the property as well as sent by mail (current process) or served. o Revisions to the lien text to reference the notice requirement and update the text. Staff is seeking input from the DRRC on the proposed changes shown in the attachment. 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. Proposed Revisions, Pages 13-14 12 Chapter 122 - Nuisances § 122-1. Definitions. For the purpose of this chapter, the following words and terms shall have the meanings respectively ascribed to them by this section: NUISANCE - That which annoys, vexes or creates a health hazard or that which, by its use or existence, works annoyance, injury or damage to others. OFFENSIVE MATTER - Feathers, offal, dead animals or portions thereof, meat wastes, blood, tankage or any putrescible, organic matter; provided, however, that the term "offensive matter" shall not be construed to apply to livestock manure and poultry manure. OWNER - Shall mean any person holding title to or having an interest in the property according to the Frederick County Circuit Court Land Records for any lot or land in the County,- a lessee tenant or principal occupant of any land or lot in the County., or an agent of a person holding title to or with and interest in, such land or lot, having care custody, control or management of the land or lot,• or fiduciaries holding title to, or with an interest in such land or lot or having the care custody, control or management of land or lots in the County for others WEEDS - Shall mean grass, weeds bushes vines poison ivy, poison oak or any other foreign growth other than trees, ornamental shrubbery flowers and garden vegetables § 122-5. Cuttingofbr c, westei and f^ th �- ---, Prohibited growths generally. A. It shall be unlawful for the owners of developed or undeveloped property located in a platted residential subdivision, within a residentially zoned district (RP Residential Performance, R4 Residential Planned Community, R5 Residential Recreational Community, and MH1 Mobile Home Community) to permit grass, weeds and other foreign growth standing more than 18 inches in height to remain on property which lies within 100 feet of any dwelling or building. Violation.fails, refuses eF Reglects te cut or Ferneve such grass, weeds and ether feFeigR gFeWth to a height nat te exceed three iRches, withiR 10 days a4eF Feceiving written notice te de so fFE)M the Zenin er other properly designated official, shall be guilty of a B. It shall be unlawful for the owner of any developed or undeveloped property zoned for commercial or industrial use (BI Neighborhood Business B2 Business General B3 Industrial Transition M1 Light Industrial, M2 Industrial General OM Office -Manufacturing Park MS Medical Support) to permit grass weeds and other foreign growth standing more than 18 inches in height to remain on property which lies within 100 feet of any dwelling building or road right-of-way. § 122-5.1. Inspection and notice to cut. When the Zoning Administrator or his or her designee has determined that a violation of section 122-5 exists, he or she shall notify the owner of the land or lot on which the violation exists to cut or cause to be cut the weeds complained of to a height not to exceed three inches within 10 days of receiving 13 written notice. Such notice shall be in writing and shall be posted in a conspicuous place on the amending premises and sent by first-class mail to the last -known address of the owner and to the occupant of the offending premises or may be served by a special conservator of the peace in any manner of delivering process authorized by law. For purposes of this article one notice per growina season shall constitute "reasonable notice" so ions as the notice indicates that the owner must cut the weeds as often as reasonably necessary during the growing season § 122.T 122-5.2. Work done by County; costs to become lien. A. in the ^"^"* ^f "^'a+`^" ^f ' . - the If weeds are not cut within the time required by the notice provided for in section § 122-5.1. the Zoning Administrator or other properly designated official shall n+ay have such gFass, weeds eF etheF feFeigR gFeWth Cut by its own agents eF empleyees, in which event the Feasenable east thereef shall be chargeable to and paid by the ^f """ "'^"^r+" ^"`' may cause them to be cut and the cost and expense thereof assessed against the owner of such property. Such assessment shall be collected by the County as taxes and levies are collected. B. Every charge authorized by this section with which the owners of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property. 14 Item #3: RA Setback Reduction Staff has been asked to remove the waiver opportunity currently contained in the RA (Dural Areas) Zoning District that allows the Board of Supervisors to reduce the setbacks for an existing lot of record if an undue hardship exists. This waiver should be eliminated because these requests should be handled by the Board of Zoning Appeals. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401— RA Rural Areas District § 165-401.07 Setback requirements. The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District. A. Setbacks for all lots other than rural preservation lots shall be as set out below. (1) Front setbacks. The front setback for any principal or accessory use or structure located on a traditional five -acre lot shall be 60 feet from the property line or right-of-way of the street, road or ingress/egress easement. (2) Side or rear setbacks. The minimum side or rear setback for any principal use or structure shall be determined by the primary use of the adjoining parcel as follows: Adjoining Parcel Size Setback (Side and Rear) (feet) 6 acres or less 50 More than 6 acres 100 Orchard 200 Agricultural and Forestral District 200 Staff is seeking input from the DRRC on this proposed change. If the DRRC is supportive of this ordinance amendment, staff will forward it to the Planning Commission and Board of Supervisors for their consideration. 15 Itein #4: Private Streets in the R-5 Zoning District Staff has received a request to allow the use of private streets for all types of developments in the R-5 (Residential Recreational Community) Zoning District. Currently the use of private streets in the R-5 District is only permitted within age -restricted communities and only if approved by the Board of Supervisors. The age -restricted private street allowance was added into the R-5 Zoning District in 2000 along with a number of other revisions that were requested by Dogwood Development Group (prior owner of the Shenandoah Development (Wheatlands)). Prior to the adoption of the age -restricted private street allowance, the use of public streets was mandatory for all new developments in the R-5. This amendment proposes to allow the use of private streets within all developments in the R-5 District, but would still require Board of Supervisors approval. It should be noted that this text amendment has the potential to modify communities previously approved (not proffered) as age - restricted and could introduce dwelling units that accommodate all ages and, therefore, the impacts on the County's school system should be considered with this amendment. Staff has attached a draft ordinance revision that includes the amendments requested by the applicant along with additional text amendments that pertain to the expanded use of private streets within the R-5 District. Staff is seeking input from the DRRC on the proposed changes shown in the attachment. 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. Proposed Revisions 2. Applicant Request Letter 16 ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 502 — R5 Residential Recreational Community District § 165-502.05 Design requirements. F. Open space. A minimum of 35% of the gross area of any proposed development shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the development. No more than 50% of the required open space shall be within lakes and ponds, wetlands or steep slopes. The Board of Supervisors may allow a larger amount of steep siopes to be utilized where the developer can demonstrate a viable plan for the use of these areas. Where age restricted When communities are approved with private streets, a minimum of 45% of open space shall be required. K. Streets. The residential recreational community development shall be provided with a complete system of public streets dedicated to the Virginia Department of Transportation. The road system shall conform with the Frederick County Comprehensive Policy Plan and with road improvement plans adopted by the County. (1) Within any portion of a residential recreational community which qualifies + + d aaiiiico a� an age coca icccc� eemmunity the Board of Supervisors may allow for the installation of private streets, provided that all streets conform to the Virginia Department of Transportation road design standards to and that a program for the perpetual maintenance of all streets by the property owner's association is provided which is acceptable to the Board of Supervisors and the Transportation Planner. (a) Three classes of private streets skull he permitted i - estrie* it d shall be o � a,,a identified on a MDP as follows: [1] Greenways. All private streets with a projected ADT of over 3,000 shall have a minimum right-of-way of 50 feet and shall have no direct lot frontage. Greenways shall be lined on both sides with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. Along the portions of right-of-way which abut mature woodland, the Planning Director may waive the requirement for street trees. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 miles per hour (mph). [2] Neighborhood collectors. All private streets with a projected ADT of over 400 shall have a minimum right-of-way of 50 feet and may have lot frontage. Neighborhood collectors shall be lined on both sides with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. The horizontal center line 17 geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 mph. [3] Local streets. All private streets with a projected ADT of 400 or less shall have a minimum right-of-way of 30 feet and may have lot frontage. Local streets shall be lined with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 20 mph. (b) Developments utilizing private streets shall meet the following conditions - (1] The subdivision design plans and final subdivision plats for all lots that utilize private streets shall include language that states "The private streets within this development are not intended for inclusion in the system of state highways and will not be maintained by VDOT or Frederick County. Frederick Countv and VDOT have no and will have no, responsibility for the maintenance repair, or replacement of the private streets within this development. The maintenance and improvement of said private streets shall be the sole responsibility of the property owners' association" (2) The developer shall establish a reserve fund for repairs to the private streets within the development. A specified percentage of all association dues collected from the residents shall be dedicated solely for the maintenance of the private streets within the development. %37 Sales brochures or other literature and documents provided by the seller of lots served by such private streets, shall include information regarding responsibility for maintenance, repair, replacement and covenants pertaining to such lots including a statement that the County has no and will have no responsibility for the maintenance repair, or replacement of private streets (2) Within R-5 residential recreation community developments approved prior to 1980, the Board of Supervisors may allow the extension of existing private roads if no other means of access is available. (3) Within developments utilizing private streets a certified professional engineer, licensed in the State of Virginia, shall be employed by the developer to monitor and supervise the materials 18 used; the adequacy of the subgrade• the installation of drainage structures curb and gutter and all concrete items; and all road driveway and parking area construction activities including material compaction grading tolerances and compliance with the plans and specifications. Prior to issuance of the last Certificate of Occupancy the certified professional engineer, licensed in the State of Virginia shall provide the County with certification that each Phase of construction met density requirements; that all material depths were verified for compliance; and that the road and parking areas have been constructed in strict accordance with the plans and specifications. The performance guaranty for the private roads shall remain in effect for a period of three years from the date of the issuance of the final Occupancy Permit L. Curb and gutter. All public and private streets shall be provided with curb and gutter. 19 LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540)665-0050 FACSIMILE: (540) 722-4051 October 12, 2012 Candice Perkins, Senior Planner County of Frederick Department of Planning & Development 107 North Kent Street Suite 202 Winchester, VA 22601 VIA HAND -DELIVERY Dear Candice: THOMAS MOORE LAWSON • TLAWSON(G7LSPLC.COM Re: Our File No. 1211.001 This is to formally request that an item be included on the upcoming October, 2012 DRRC agenda. The proposed ordinance amendment provides for an opportunity for private streets in communities in Frederick County. As you know, Section 165-502.05.K(1) of the Frederick County ordinance already exists which allows for private streets in age -restricted communities. We believe there should be opportunities to install private streets in all developments and not just those that are age -restricted. Therefore, we are suggesting that the County consider amending its zoning ordinance to allow the same. For the Committee's and your convenience, we enclose a marked up ordinance with suggested revised language. I will be pleased to attend the DRRC meeting to further discuss this agenda item. Thank you for your assistance and cooperation in this matter. If anything further is required to effect this request, please contact me immediately. J ours, ore Lawson TML:atd Enclosure FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630 • TELEPHONE: (540) 635-9415 • FACSIMH.E: (540) 635-9421 • E-MAIL: JSILEK(d LAWSONANDSILEK.