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DRRC 08-27-15 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: August Meeting and Agenda Date: August 19, 2015 The Frederick County Development Review and Regulations Committee (DRRC) will be meeting on Thursday, August 27, 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) Setbacks from Agricultural and Forestal Districts. Discussion on amendments to the Zoning Ordinance to revise the setbacks from parcels within Agricultural and Forestal Districts in the RA (Rural Areas) District. 2) Supplementary Use Regulations – Setback Extensions. Discussion on amendments to the Zoning Ordinance to remove the R5 setback extensions within the supplementary use regulations section of the ordinance. 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: Setbacks from Agricultural and Forestal Districts During the 2015-2020 Agricultural and Forestal District update, concern was presented over the inclusions of parcels less than five (5) acres into the districts due to their impacts on adjacent parcels that were not in the agricultural districts. The concern was that placement of these parcels of less than five (5) acres in size into the Agricultural District did not clearly further agriculture pursuits and interests, and often contained residences, yet the resulting 200-foot setback placed greater restrictions on their adjacent neighbors. Essentially, someone with a two (2) acre parcel could control development activity on their two (2) acres as well as their neighbor’s two (2) acres (when the 200-ft setback was applied). The Board of Supervisors held a public hearing for the inclusion of these parcels less than 5 acres into the agricultural districts at their August 12, 2015 meeting. At that meeting they deferred action on accepting or denying the inclusion of many of these parcels and directed staff to draft an ordinance amendment that would allow the inclusion of the parcels without impacting adjacent parcels. Staff has drafted an amendment to the RA (Rural Areas) District setbacks to address this issue; the proposed amendment includes the following: • Utilizes the RA setback requirement based on adjoining parcel size previously adopted in 2007. • Includes setbacks for parcels that abut agricultural district, based on the size of the parcel within the adopted agricultural district. • Parcels within an agricultural district that are 6 acres or less would require a 50’ setback and parcels over 6 acres would require the 200’ setback. The attached document shows the existing ordinance with the proposed changes (with strikethroughs for text eliminated and bold italic for text added). This Planning Commission discussed this item at their August 19, 2015 meeting. All comments from the Planning Commission and the DRRC will be forwarded to the Board of Supervisors. Attachment: 1. Zoning Ordinance - Proposed Revisions 2 Attachment 1 Original language Draft revisions 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. [Amended 2-28-2007; 4-27-2011] (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 Agricultural and Forestal District, 6 acres or less 50 Agricultural and Forestal District, more than 6 acres 200 Orchard (regardless of parcel size) 200 Item #2: Extensions in to Setbacks (R5 District) In 2011 the RP setbacks and dimensional requirements were revised to include setbacks for unroofed decks and structures. With that revision, the allowance for extensions into the setback within the supplementary use regulations was changed to eliminate the RP and R4 Districts. Since the RP dimensional requirements also apply to the R5 District, the R5 should also have been removed from the supplementary use regulations extension provision (leaving only the RA and MH1). Staff has prepared a minor revision to remove the R5 from the supplementary use regulation setback extension to ensure that R5 developments (Lake Holliday, Lake Frederick, Shawneeland, and Mountain Falls) all utilize the RP deck and stoop setback extension as intended. Staff would like to discuss with the DRRC the current Ordinance requirements and the proposed revisions. Attachment: 1. Zoning Ordinance - Proposed Revisions 3 Attachment 1 Original language Draft revisions Article II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES Part 201 – Supplementary Use Regulations § 165-201.02 Setback requirements. F. Extensions into setback yards. The following features may extend into setback yards as described: (1) Air conditioners and similar equipment. Air conditioners, heat pumps and similar mechanical equipment that are attached to the primary structure may extend three feet into any side or rear yard area but shall not be closer than five feet to any lot line. (2) Architectural and structural features. Cornices, canopies, awnings, eaves, gutters or other similar overhanging features which are least eight feet above the grade may extend three feet into any required yard setback area. Chimneys, sills, headers, belt courses and similar structural features may extend three feet into required yard setback areas. (3) Porches and related features. In the RA and MH1, and R5 Zoning Districts, balconies, porches, stoops, decks, bay windows, steps and stairways which comprise less than 1/3 of the length of the wall of the primary structure may extend three feet into a required setback yard. In no case shall such features be closer than five feet to a lot line.