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DRRC 04-23-15 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: April Meeting and Agenda Date: April 15, 2015 The Frederick County Development Review and Regulations Committee (DRRC) will be meeting on Thursday, April 23, 2015 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) Farm Distilleries. Discussion on revisions to the Zoning Ordinance to include farm distilleries with farm wineries, consistent with the State Code. 2) Site Plan Requirements. Discussion on revisions to the Zoning Ordinance to update and revise the site plan requirements. 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/pd Attachments Item #1: Farm Distilleries Recently the DRRC and the Planning Commission discussed revisions to the Farm Winery text contained in the Zoning Ordinance. These revisions included the addition of Farm Breweries as a permitted use, as well as, revisions to the winery text regarding site plans and allowable activities. Both the DRRC and the Planning Commission requested that farm distilleries be added into the text. The Code of Virginia limited distillery text was approved in March 27, 2015 and will become effective July 1, 2015. As a result of the discussion by the State Legislature, the revision has been revised to include farm breweries, distilleries, and wineries. The changes included with this proposed revision are as follows:  Addition of Farm Breweries and Distilleries  Addition of on-site sales, tasting during regular business hours.  Kitchen and catering activities related to the businesses.  Removal of the site plan requirement and addition of an illustrative sketch plan requirement.  Revision to the special events allowance to decrease the number of people permitted onsite without a festival permit from 150 to 100 (consistent with the County Code requirement for festival permits). Staff would like to discuss with the DRRC the current Ordinance requirements and the proposed revisions. Attachments: 1. Zoning Ordinance - Proposed Addition 2. Code of Virginia – Farm Distilleries ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 – RA Rural Areas District § 165-401.02 Permitted uses. Structures and land shall be used for one of the following uses: EE. Farm Breweries. FF. Farm Distilleries. Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 204 – Additional Regulations for Specific Uses § 165-204.22. Farm Wineries , Farm Breweries and Farm Distilleries. Farm Wineries, Farm Breweries and Farm Distilleries in the RA (Rural Areas) District, shall meet the following requirements: A. The following shall be considered by-right accessory uses at Uses permitted. The following uses, events and activities (hereinafter, collectively, “uses”) are permitted at farm wineries: (1) The production and harvesting of fruit and other agricultural products; (2) The manufacturing of wine; (3) The storage and sale of wine produced by the winery, including retail sales, direct sales and shipment, as well as wholesaling; (4) The provision for on-site winery tours; (5) The incidental retail of wine-related items; (6) Wine tasting; The on-premises sale, tasting, or consumption of wine produced by the winery during regular business hours within the normal course of business of such winery; (7) Providing finger foods, soups, and appetizers for visitors; and (8) Kitchen and catering activities related to a use at the farm winery. B. Uses permitted. The following uses, events and activities (hereinafter, collectively, “uses”) are permitted at a farm brewery: (1) The production and harvesting of barley, other grains, hops and other agriculture products: (2) The manufacturing of beer (up to a maximum of 15,000 barrels of beer per calendar year); (3) The storage and sale of beer produced by the brewery including retail sales, direct sales and shipment, as well as wholesaling; (4) The provision of on-site brewery tours. (5) The incidental retail of beer-related items; and (6) The on-premises sale, tasting, or consumption of beer produced by the brewery during regular business hours within the normal course of business of such brewery; (7) Providing finger foods, soups, and appetizers for visitors; and (8) Kitchen and catering activities related to a use at the farm brewery. C. Uses permitted. The following uses, events and activities (hereinafter, collectively, “uses”) are permitted at a farm distillery: 1) The production and harvesting of agricultural products used by the distillery; 2) The manufacturing of alcoholic beverages (up to a maximum of 36,000 gallons of alcoholic beverages per calendar year); 3) The storage and sale of alcoholic beverages produced by the distillery including retail sales, direct sales and shipment, as well as wholesaling; 4) The provision of on-site distillery tours. 5) The incidental retail of distillery -related items; and 6) The on-premises sale, tasting, or consumption of distillery produced by the distillery during regular business hours within the normal course of business of such distillery; 7) Providing finger foods, soups, and appetizers for visitors; and 8) Kitchen and catering activities related to a use at the farm distillery. D. Special events shall be permitted only on farm wineries, farm breweries and farm distilleries of ten acres or larger. Special events for the purposes of this section shall include but are not limited to meetings, conferences, dinners, and wedding receptions. Any event at which more than 150 100 people are anticipated will require a festival permit. E. An illustrative sketch site plan in accordance with the requirements of Article VIII shall be submitted to and approved by Frederick County. ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101 – General Provisions § 165-101.02. Definitions and word usage. FARM BREWERY - A brewery licensed as a limited brewery under subdivision 2 of Section 4.1-208 of the Code of Virginia (1950, as amended). FARM DISTILLERY - A distillery licensed as a limited distillery under subdivision 2 of Section 4.1-206 of the Code of Virginia (1950, as amended). FARM WINERY – A winery licensed as a farm winery under subdivision 5 of Section 4.1-207 of the Code of Virginia (1950, as amended). FARM WINERY - An establishment (i) located on a farm in the commonwealth with a producing vineyard, orchard, or similar growing area and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than 18% alcohol by volume or (ii) located in the commonwealth with a producing vineyard, orchard, or similar growing area or agreements for purchasing grapes or other fruits from agricultural growers within the commonwealth, and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than 18% alcohol by volume. A minimum of 51% of the fresh fruits or agricultural products used at the winery for the production of wine shall be grown or produced on the farm, and no more than 25% of the fruits, fruit juices or other agricultural products may be grown outside of the commonwealth. Accessory uses shall include wine-tasting rooms, accessory food sales related to wine tasting, and the sale of wines produced on site. Item #2: Site Plan Requirements This is an amendment to the site plan requirements to include a provision for minor site plans (previously discussed with the landscaping ordinance) as well as an addition for an illustrative sketch plan that would be applicable to agricultural businesses and conditional use permits. Minor site plans have been commonly utilized, however the term and the requirements for these plans has never been codified. Illustrative sketch plans are also proposed to better accommodate small scale cottage occupations and rural/agricultural businesses that may not need an engineered site plan. Staff would like to discuss with the DRRC the current Ordinance requirements and the proposed revisions. Attachment: 1. Zoning Ordinance - Proposed Addition ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS Part 802 – Site Plans § 165-802.01 Activities requiring site plans or illustrative sketch plan. A. In order to ensure that the requirements of this chapter have been met, a site plan shall be required to be submitted to the County for the following uses: (1) Any use in the business or industrial zoning districts, the EM Extractive Manufacturing District, the MS Medical Support District, or the HE Higher Education District. (2) Any nonresidential uses in which with automobile parking spaces. is to be used by more than one establishment. (3) Any of the following residential uses not required to submit a subdivision design plan for approval: (a) Multiplexes; (b) Townhouses, Back-to-Back Townhouses; (c) Garden apartments; (d) Multifamily residential buildings; (e) Age‐restricted multifamily housing; (f) Other allowed multifamily residential uses. (g) Mobile home parks. (4) Convalescent and nursing homes and allowed nonresidential uses in the RP, R4 and R5 Zoning Districts. (5) Public and semipublic uses and buildings. (6) Required landscaped buffers and landscaped screens. (7) Required recreational facilities. (8) Any parcel of land proposed to contain more than one dwelling unit, except those residential units allowed as agricultural accessory uses. (9) Mobile home parks. Non-residential uses permitted in the RP, R4 and R5 Zoning Districts. (10) The use, change of use or construction of any improvement or facility that is to be reviewed by the Planning Commission to determine conformance with the Comprehensive Plan under § 15.2-2232 of the Code of Virginia. (11) Illustrative sketch plan shall be required for the following uses: (a) Farm Wineries, Farm Breweries and Farm Distilleries; (b) Nurseries; (c) On site farm markets; (e) On site wayside stands. B. The Zoning Administrator may require a site plan or illustrative sketch plan to be submitted with an application for a conditional use permit or any use specified under 165-204 C. No permit shall be issued for the construction of any building or improvement on the site of any of the above uses until the site plan or illustrative sketch plan is approved. D. All nonbusiness or nonindustrial uses in a residential subdivision shall submit a subdivision design plan, as required in the Frederick County Subdivision Ordinance, instead of a site plan. § 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 Impact Analysis with all site plan applications, in accordance with the adopted Traffic Impact Analysis Standards. C. Applicants shall provide comments on the site plan from various agencies as required by the Department of Planning and Development. 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. 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. 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. H. Approval of the site plan shall expire within five years of the approval date unless building permits have been obtained for construction. I. The Zoning Administrator or his designated representative shall periodically inspect the site during construction to ensure that the site plan requirements are met. J. 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 plan 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. Site Plan Review Process K. The Board of Supervisors, by resolution, may establish a schedule of fees for the review of site plans. § 165-802.03 Site plan and illustrative sketch plan contents. The site plan or illustrative sketch plan shall be clearly legible and shall be drawn at a scale acceptable to the Zoning Administrator. The site plan shall include three general sections, the project information section, the calculations section, and the site plan and details section. The information required for each section is listed below: A. Project information section. (1) A title that includes the name of the proposed or existing business and a subtitle which describes the proposed development. (2) The name, address, and phone number of the landowner, developer, and designer. (3) The Frederick County Property Identification Number (PIN) of all lots included on the site plan. (4) The number and type of dwelling units included on the site plan for residential uses. (5) The total land area and total developed land area of all lots included on the site plan. (6) A detailed description of the proposed use or uses of the development, as well as a description of the existing use or uses. (7) A reference to any other site plan or master development plan approved by the County for the site. (8) The date the site plan was prepared and a list of all revisions made, including the date and a description of why the site plan was revised. (9) A table of contents including all pages of the site plan. (10) A list of all proposed utility providers, with their address, name and phone number. (11) An inset map showing the location of the site, along with the location of streets, roads and land uses within 500 feet of the property. (12) A statement listing all requirements and conditions placed on the land included in the site plan resulting from approval of conditional zoning or a conditional use permit. (13) A description of setbacks or conditions placed on the site as a result of an approved variance. (14) The name of the Magisterial District within which property is located. B. Calculations section. (1) Calculations showing the floor area ration (FAR) of the site, including the maximum allowed FAR, total ground floor area, total floor area, and total lot area. (2) Calculations showing the total number of required and proposed parking spaces, including the total number of existing and proposed spaces. (3) Calculations showing the total number of required handicap spaces, including the total number of existing and proposed spaces. (4) Calculations showing the total number of required loading spaces, including the total number of existing and proposed spaces. (5) Calculations showing the total number of required perimeter and interior trees required, including the number of provided trees. (6) Calculations showing the percentage of the property that will be landscaped and the percentage of woodlands disturbed. C. Site plan and details section. (1) The location of all adjoining lots with the owner's name, specific use, zoning, and zoning boundaries shown. (2) The location of all existing or planned rights-of-way and easements that adjoin the property, with street names, widths, and speed limits shown. (3) All nearby entrances that are within 200 feet of any existing or proposed entrances to the site. (4) All existing and proposed driveways, parking and loading spaces, parking lots and a description of surfacing material and construction details to be used. The size and angle of parking spaces, aisles, maneuvering areas, and loading spaces shall be shown. (5) A North arrow. (6) A graphic scale and statement of scale. (7) A legend describing all symbols and other features that need description. (8) A boundary survey of the entire parcel and all lots included with distances described at least to the nearest hundredth of a foot. (9) The present zoning of all portions of the site, with the location of zoning boundaries. (10) The location of all existing and proposed structures, with the height, specific use, ground floor area, and total floor area labeled. (11) The location of all existing and proposed outdoor uses, with the height, specific use, and land area labeled. (12) Existing topographic contour lines at intervals acceptable to the Zoning Administrator. Proposed finished grades shall be shown by contour. (13) The location of the front, side, and rear yard setback lines required by the applicable zoning district. (14) The location and boundaries of existing environmental features, including streams, floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes, and woodlands. (15) The location of outdoor trash receptacles. (16) The location of all outdoor lighting fixtures. (17) The location, dimensions, and height of all signs. (18) The location of required buffers, landscaping buffers, and landscaped screens, including examples, typical cross sections or diagrams of screening to be used. The location and dimensions of required fencing, berms, and similar features shall be specified. (19) The location of recreational areas and common open space. (20) The location of all proposed landscaping with a legend; the caliper, scientific name, and common name of all deciduous trees; the height at planting, scientific name, and common name of all evergreen trees and shrubs. (21) The height at planting, caliper, scientific name, and common name shall be provided for all proposed trees. The height at planting, scientific name and common name shall be provided for all shrubs. (22) The location of sidewalks and walkways. (23) The location and width of proposed easements and dedications. (24) A stormwater management plan describing the location of all stormwater management facilities with design calculations and details. (25) A soil erosion and sedimentation plan describing methods to be used. (26) The location and size of sewer and water mains and laterals serving the site. (27) Facilities necessary to meet the requirements of the Fire Code. (28) A signed seal of the certified Virginia land surveyor, architect, or engineer who prepared the plan. (29) A space labeled "Approved by the Frederick County Zoning Administrator" for the signature of the Zoning Administrator, approval date, and a statement that reads "site plan valid for five years from approval date." D. Minor Site Plans. A minor site plan may be submitted in lieu of a full site plan for additions to existing sites. A minor site plan shall constitute a revision that increases an existing structure area by 20% or less and does not exceed 5,000 square feet of disturbed area. Minor site plans, at a minimum shall include the following information: (1) A title that includes the name of the proposed or existing business and a subtitle which describes the proposed development. (2) The name, address, and phone number of the landowner, developer, and designer. (3) The Frederick County Property Identification Number (PIN) of all lots included on the site plan. (4) The total land area and total developed land area of all lots included on the site plan. (5) A detailed description of the proposed use or uses of the development, as well as a description of the existing use or uses. (6) A reference to any other site plan or master development plan approved by the County for the site. (7) The date the site plan was prepared and a list of all revisions made, including the date and a description of why the site plan was revised. (8) A table of contents including all pages of the site plan. (9) An inset map showing the location of the site, along with the location of streets, roads and land uses within 500 feet of the property. (10) A statement listing all requirements and conditions placed on the land included in the site plan resulting from approval of conditional zoning or a conditional use permit. (11) A description of setbacks or conditions placed on the site as a result of an approved variance. (12) The name of the Magisterial District within which property is located. (13) Calculations showing the total number of required and proposed parking and loading spaces, including the total number of existing and proposed spaces. (14) Calculations showing the total number of required perimeter and interior trees required, including the number of provided trees. The Zoning Administrator shall determine the number of landscaping plants required, proportional to the additions shown on the minor site plan. (15) A signed seal of the certified Virginia land surveyor, architect, or engineer who prepared the plan. (16) Any other information determined by the Zoning Administrator necessary for the review of the minor site plan. (17) The Zoning Administrator may eliminate any of the above requirements on a minor site plan, if it is determined not to be warranted. E. Illustrative sketch plan. An illustrative sketch plan may be submitted in lieu of a site plan for agricultural businesses (farm wineries, farm breweries, farm distilleries, farm markets, wayside stands or any other agricultural operation open to the public) or small scale cottage occupations if required as part of a Conditional Use Permit. Illustrative sketch plans, at a minimum shall include the following information: (1) A title that includes the name of the proposed or existing business and a subtitle which describes the proposed development. (2) The name, address, and phone number of the landowner, developer, and designer. (3) The Frederick County Property Identification Number (PIN) of all lots included on the sketch plan. (4) The total land area and total developed land area of all lots included on the sketch plan. (5) Illustrative Sketch plan shall include a drawing of all aspects of the business operations on the site. (6) Size and dimensions of parking areas and signs if any, location of any floodplains or other environmental features. (7) For cottage occupations, the sketch plan shall show the residence and all (8) Distances between on site structures and adjacent residential structures and other buildings, the location and width of adjacent right-of-way, adjoining properties, and easements. (9) A statement listing all requirements and conditions placed on the land included in the sketch plan resulting from approval of a conditional use permit. (10) The name of the Magisterial District within which property is located. (11)The illustrative sketch plan need not be drawn to scale, nor does it have to be prepared by a licensed professional. However, distances from structure to adjacent lot lines must be accurately depicted. F. D. Other information or statements may be required on the site plan by the Zoning Administrator to ensure that all requirements of the Frederick County Code are met. G. E. All site plans shall conform with master development plans that have been approved for the land in question. H. F. When required, deed restrictions, deeds of dedication, agreements, contracts, guaranties or other materials shall be submitted with the site plan. § 165-802.04 Required improvements. A. All improvements and construction on the site shall conform with the approved site plan or illustrative sketch plan and the requirements of the Frederick County Code. B. The Zoning Administrator may require a bond with surety or other acceptable guaranties to insure the completion of required improvements. Such guaranties shall be in the estimated amount of the required improvements. Such guaranties shall be for a period of completion set by the Zoning Administrator with consultation with the applicant. Such guaranties shall be released when the required improvements have been completed. ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101 – General Provisions § 165-101.02 Definitions & word usage. SITE PLAN - A specific and detailed plan of development which contains detailed engineering drawings of the proposed uses and improvements required in the development of a given parcel or use of development meeting the requirements of this chapter. In all Articles of this Chapter, where the term 'site plan' is used, it shall also include the term 'minor site plan'. ILLUSTRATIVE SKETCH PLAN – An illustrative plan that accurately depicts the development of a parcel or use meeting the requirements of this chapter. Illustrative site plans may be required for agricultural uses or as part of a conditional use permit.