DRRC 04-27-17 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
To: Development Review and Regulations Committee
From: M. Tyler Klein, AICP, Planner
Subject: April 27, 2017 Meeting and Agenda
Date: April 20, 2017
The Frederick County Development Review and Regulations Committee (DRRC) will be
meeting on Thursday, April 27, 2017 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) Residential Separation Buffer Waiver. Discussion of a request to include a waiver
opportunity for residential separation buffer in the RP (Residential Performance) Zoning
District.
2) Recreation Facilities Waiver. Discussion of a request to include a waiver opportunity
for recreation facilities (units) for subdivisions containing less than 25 lots in the RP
(Residential Performance) Zoning District.
3) Slaughterhouses. Discussion of a request to include slaughterhouses as a conditional use
in the RA (Rural Areas) Zoning District.
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.
MTK/pd
Attachments
Item #1: Residential Separation Buffer Waiver
Staff has received an amendment request to Chapter 165-Zoning to allow a waiver for residential
separation buffer requirements in the RP (Residential Performance) Zoning District when a
subdivision includes 25 or fewer units. Currently, residential separation buffers are required to
adequately buffer different housing types from dissimilar housing types within adjacent separate
developments.
Staff has drafted a revision to the Zoning Ordinance to allow the Board of Supervisors to waive,
reduce and/or modify the residential separation buffer required between different housing types,
provided certain conditions are met. Staff would like to discuss with the DRRC the current
Zoning Ordinance requirements and the proposed revisions.
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. Zoning Ordinance – Proposed Revisions
Article II
SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES
Part 203. Buffers and Landscaping
§ 165-203.02. Buffer and screening requirements.
C. Residential separation buffers. Residential separation buffers shall be established to adequately
buffer different housing types from dissimilar housing types within adjacent separate developments.
The requirements for residential separation buffers are as follows:
(8) The Board of Supervisors may waive, reduce and/or modify the residential separation buffer
required by § 165-203.02 C (1) between different housing types, provided that the following conditions
are met:
(a) The development requesting the modification to the residential separation buffer consists
of 25 or fewer units; and
(b) The owner of the adjoining property(s) provides written and notarized consent to the
proposed modification to the required residential separation buffer.
Item #2: Recreation Facilities Waiver
Staff has received an amendment request to Chapter 165-Zoning to allow a waiver for the
recreational unit requirement for subdivisions that contain less than 25 lots in the RP (Residential
Performance) Zoning District. Currently, one recreation unit (facility) is required for every 30
dwelling units.
Staff has drafted a revision to the Zoning Ordinance to allow the Board of Supervisors to waive,
the recreational unit requirement for subdivisions that contain less than 25 lots. This waiver may
be requested by the applicant during the consideration of the master development plan. Staff
would like to discuss with the DRRC the current Zoning Ordinance requirements and the
proposed revisions.
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. Zoning Ordinance – Proposed Revisions
Chapter 165 – Zoning
Part 402 – RP Residential Performance District
§ 165-402.08 Recreation facilities.
A. Single-family small lot, multiplex, townhouse, back-to-back townhouse, garden apartment and
multifamily building housing types shall provide the following recreational units or equivalent
recreational facilities for each 30 dwelling units. All such developments shall contain at least one such
recreational unit. In addition, developments containing single-family small-lot housing shall provide a
community center that provides for the equivalent of three age-appropriate recreational units for
each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible
and centrally located to the dwelling units that they are designed to serve. The design and amount of
facilities shall be approved by the Zoning Administrator in conjunction with the Department of Parks
and Recreation, using the following recreational unit as a guideline. The design of such facilities shall
be approved at the time of site plan review.
(1) The Board of Supervisors may provide a waiver for the community center requirement specified
in § 165-402.08A in single-family small-lot subdivisions that contain less than 25 lots. This waiver
may be requested by the applicant during the consideration of the subdivision design plan if no
master development plan is required. The applicant is required to demonstrate how an
equivalent recreational value of three recreational units for each 30 dwelling units, prorated, is
being provided within the project, to the County, or a combination of both as a condition of
requesting approval of a waiver by the Board of Supervisors.
(2) The Board of Supervisors may waive the recreational unit requirement for developments that
contain 25 or fewer dwelling units. This waiver may be requested by the applicant during the
consideration of the master development plan. The applicant is required to provide
justification for the elimination of the recreational unit.
B. A recreational unit is designed to meet the recreational needs of 30 dwelling units. The units may be
broken into smaller units or added together to meet the needs of the total development. An example
recreational unit shall be as follows:
(1) Playground:
Composite play system for school age children with a minimum of 8 play features and one swing set.
Quantity Equipment
Deck heights reaching at least 5’
Minimum 2 2-5 year old play features
Minimum 1 Slides
Minimum 1 Climbing features
Minimum 1 Overhead features
Minimum 1 Tunnels
Minimum 1 Play panels
Minimum 1 Swings (8 feet high, 2 seats)
(2) Or any recreational facilities of equivalent monetary value which may include:
(a) Swimming pools.
(b) Tennis, basketball or multipurpose courts.
(c) Multi-use trails.
(d) Athletic fields.
(e) Picnic shelters which shall include picnic tables, trash receptacles, and areas for outdoor
cooking.
(f) Community center.
(g) Other recreational facilities.
Item #3 Slaughterhouses
Staff received an amendment request to look at an amendment to Chapter 165-Zoning to allow
slaughterhouses in the RA (Rural Areas) Zoning District. Currently, manufacturing of “meat
products” is only allowed in the M2 (Industrial General) Zoning District by right.
Staff has drafted a revision to the Zoning Ordinance to include a definition for slaughterhouses
and additional regulations for specific uses. Staff proposes inclusions of these uses as a
conditional use permit (CUP) in the RA Zoning District. Staff would like to discuss with the
DRRC the current Zoning Ordinance requirements and the proposed revisions. Staff has also
included a comparison table of how other localities in Virginia regulate this type of use.
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. Zoning Ordinance – Proposed Revisions
2. Comparison of Zoning Ordinances Related to Slaughterhouses in VA
ATTACHMENT 1
Article I
General Provisions; Amendments; and Conditional Use Permits
Part 101 – General Provisions
§ 165-101.02. Definitions and Word Usage.
SLAUGHTERHOUSES. Establishments primarily engaged in the slaughtering, or processing of meats for
human consumption or other related products.
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES
Part 204 – Additional Regulations for Specific Uses
§ 165-204.17 Slaughterhouses and rendering plants.
A. It shall be unlawful to operate any slaughterhouse, abattoir, rendering plant or establishment where
animals or fowl, dead or alive, are processed or where food or feed is manufactured or processed,
unless such place or establishment is maintained and operated in a clean and sanitary manner at all
times.
B. Such establishments shall be so constructed and maintained as to effectively control the entrance of
insects and rodents. The doors, windows and other openings thereof shall be fitted with screen doors
and wire window screens of not coarser than fourteen-gauge mesh.
C. The word "slaughterhouse," as used in this section, shall not be construed to prohibit persons who
are actually farmers from killing their own cattle, sheep, swine, goats and fowl for their own family use.
D. All buildings, animal unloading/staging areas, and animal pens shall be a minimum of 100 feet
from all property lines.
E. All operations must be fully enclosed and screened from view from adjoining properties and public
streets.
F. Additional buffering and screening may be required as specified the Zoning Administrator.
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
Part 401 – RA Rural Areas District
§ 165-401.03 Conditional uses.
The following uses of structures and land shall be allowed only if a conditional use permit has been
granted for the use:
A. Bed and Breakfasts, Farm Stay
B. Country clubs, with or without banquet facilities.
C. Manufacture or sale of feed and other farm supplies and equipment.
D. Fruit packing plants.
E. Off-premise farm markets.
F. Off-premises wayside stands.
G. Country general stores.
H. Service stations.
I. Antique shops.
J. Restaurants.
K. Kennels.
L. Petting farms.
M. Television or radio stations.
N. Motels.
O. Auction houses.
P. Campgrounds, tourist camps, recreation areas and resorts.
Q. Commercial outdoor recreation, athletic or park facilities.
R. Nationally chartered fraternal lodges or civic clubs, social centers and their related facilities.
S. Sawmills and plaining mills, Type B.
T. Ambulance services.
U. Retailing or wholesaling of nursery stock and related products.
V. Landscape contracting businesses.
W. Public garages without body repair, provided that the following conditions are met:
(1) All repair work shall take place entirely within an enclosed structure.
(2) All exterior storage of parts and equipment shall be screened from the view of surrounding
properties by an opaque fence or screen at least six feet in height. This fence or screen shall be
adequately maintained.
X. Public garages with body repair, provided that the following conditions are met:
(1) All repair work shall take place entirely within an enclosed structure.
(2) All exterior storage of parts and equipment shall be screened from the view of surrounding
properties by an opaque fence or screen at least six feet in height. This fence or screen shall be
adequately maintained.
Y. Sand, shale and clay mining, provided that the following conditions are met:
(1) All mining shall be above the mean, existing grade level of a parcel of land.
(2) All mining operations shall meet all applicable requirements of state and federal agencies.
(3) Such mining operations shall meet the landscaping and screening requirements, supplementary
regulations, height, area and bulk regulations and site plan requirements contained in the EM
Extractive Manufacturing District regulations.
Z. Cottage occupations (as defined).
AA. Cottage occupation signs.
BB. Veterinary office, clinic or hospital, including livestock services.
CC. Day-care facilities.
DD. Humanitarian aid organizational office.
EE. Schools (with residential component).
FF. Fruit and vegetable stands (SIC 5431).
GG. Blacksmith shops (SIC 7699).
HH. Farriers (SIC 7699).
II. Horseshoeing (SIC 7699).
JJ. Taxidermists (SIC 7699).
KK. Welding Repair (SIC 7692).
LL. Flea Markets, Operated Indoors or Outdoors.
MM. Treatment Home.
NN. Special event facility.
OO. Commercial shooting and archery ranges (indoor or outdoor).
PP. Ice cream parlor or bakery.
QQ. Craft and gift shops.
RR. Slaughterhouses.
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an
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dwellingAll buildings, animal unloading/staging areas, and animal pens shall be a minimum of 100 feet from all property linesAll buildings, animal unloading/staging areas, and animal pens shall be at least 100 feet from all property lines
W/
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d
in
Ag
r
i
c
u
l
t
u
r
a
l
/
R
V
;
Re
q
u
i
r
e
d
if required
by
us
e
in I ‐1
N
o
t
specified
N
o
t
specified
RO
A
D
RE
Q
U
I
R
E
M
E
N
T
S
Di
r
e
c
t
ac
c
e
s
s
to
st
a
t
e
‐
ma
i
n
t
a
i
n
e
d
ro
a
d
wi
t
h
ad
e
q
u
a
t
e
ca
p
a
c
i
t
y
A ‐2/
A
‐3:
Fr
o
n
t
a
g
e
re
q
u
i
r
e
m
e
n
t
s
,
bu
t
no
ro
a
d
ty
p
e
re
q
u
i
r
e
m
e
n
t
s
N/
A
No
t
sp
e
c
i
f
i
e
d
;
bu
t
mu
s
t
be
lo
c
a
t
e
d
ou
t
s
i
d
e
of
th
e
Su
b
u
r
b
a
n
Se
r
v
i
c
e
Ar
e
a
N/
A
No
t
sp
e
c
i
f
i
e
d
in
Ag
r
i
c
u
l
t
u
r
a
l
/
R
V
;
shall
be
lo
c
a
t
e
d
on major
hi
g
h
w
a
y
s
in urban
gr
o
w
t
h
ar
e
a
/
c
o
m
m
u
n
i
t
y
in
d
u
s
t
r
i
a
l
center in I ‐1
N
o
t
specified
N
o
t
specified
AD
D
I
T
I
O
N
A
L
SC
R
E
E
N
I
N
G
RE
Q
U
I
R
E
M
E
N
T
S
"S
u
f
f
i
c
i
e
n
t
to
en
s
u
r
e
a
mi
n
i
m
a
l
vi
s
u
a
l
im
p
a
c
t
on
ad
j
a
c
e
n
t
us
e
s
"
N/
A
N
/
A
No
t
sp
e
c
i
f
i
e
d
,
bu
t
al
l
op
e
r
a
t
i
o
n
s
mu
s
t
be
en
c
l
o
s
e
d
an
d
ca
n
n
o
t
ex
c
e
e
d
15
,
0
0
0
sq
fe
e
t
in
c
l
u
d
i
n
g
st
o
r
a
g
e
pe
n
s
N/
A
in
Ag
r
i
c
u
l
t
u
r
a
l
/
R
V
:
All
lo
a
d
i
n
g
/
u
n
l
o
a
d
i
n
g
and
ho
l
d
i
n
g
pens shall be
sc
r
e
e
n
e
d
from
ad
j
o
i
n
i
n
g
properties,
pu
b
l
i
c
street; holding
pe
n
s
must also be
un
d
e
r
roof.
N
o
t
specified
N
o
t
specifiedPULASKI