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DRRC 02-23-17 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: February 23, 2017 Meeting and Agenda Date: February 17, 2017 The Frederick County Development Review and Regulations Committee (DRRC) will be meeting on Thursday, February 23, 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) Permitted and Conditional Uses in the RA District. Continued discussion on permitted and conditional uses, supplemental regulations and definitions of new uses in the RA (Rural Areas) Zoning District. 2) Front Setbacks on Private Right-of-Ways. Discussion on the reduction of the required setback for accessory structures on private right-of-ways. 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 2 Item #1: Permitted and Conditional Uses in the RA District At the January meeting of the DRRC, potential changes to the permitted and conditional uses in the RA District were discussed. This effort seeks to expand and clarify the opportunities available for small businesses and agritourism in the Rural Areas. In doing so, this effort is supportive of the goals and strategies expressed in the 2035 Comprehensive Plan for the County’s Rural Areas and for Agribusiness Development. Following the January DRRC meeting, Staff has modified the uses based on comments received; changes include additional permitted and conditional uses, revised supplementary use regulations and definitions. Staff would like to discuss with the DRRC the current Ordinance requirements and the proposed revisions. If the DRRC is supportive of these ordinance amendments, Staff will forward it to the Planning Commission and Board of Supervisors for their consideration. Attachments: 1. Zoning Ordinance – Proposed Revisions 3 Item #2: Front Setbacks on Private Right-of-Ways Staff has been requested to look at an amendment to Chapter 165-Zoning to reduce the required front setback off of private right-of-ways in the RA (Rural Areas) District for accessory structures. Currently the setback off of a right-of-way in the RA District is 60 feet for both public and private roadways. Staff has drafted a revision to the Zoning Ordinance to reduce the required side and rear setback for accessory uses and structures where adjacent to private right-of-ways from 60-feet to 45-feet which is consistent with the front setback for rural preservation lots. Staff would like to discuss with the DRRC the current 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 ATTACHMENT 1 Article I General Provisions; Amendments; and Conditional Use Permits Part 101 – General Provisions § 165-101.02. Definitions and Word Usage. FARM STAY – Any guest accommodation on a working farm. In addition to overnight accommodations on site, guests may participate in rural activities including farming, animal husbandry, ranching, harvest-your-own-activities, natural activities and attractions. AGRITOURISM - Any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical, cultural, harvest-your-own activities, or natural activities and attractions. An activity is an agritourism activity whether or not the participant paid to participate in the activity. STABLE, COMMERCIAL - A building, group of buildings, or use of land, or any combination thereof, where, for compensation, whether monetary or goods, provision is made for horses or ponies for hire or instruction in riding. SPECIAL EVENT FACILITY - : A facility or site utilized for events that are typically conducted on a single day, but which may be conducted for up to three (3) consecutive days, for which attendance is permitted only by invitation or reservation; special events include, but are not limited to, meetings, conferences, banquets, dinners, weddings and private parties. Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 204 – Additional Regulations for Specific Uses § 165-204.15 Shooting and archery ranges, outdoor. Outdoor shooting and archery ranges shall be allowed only with a conditional use permit. Where outdoor shooting and archery ranges are allowed, zoning district separation buffers and screens, Category C as described by this chapter, shall be provided in relation to surrounding properties containing residential uses. In no case shall a shooting range be located within 1000 feet of any residence located on surrounding parcels of land. In no case shall an archery range be located within 300 feet of any residence located on surrounding parcels of land. Application for a conditional use permit shall include plans for appropriate site layout and design to protect the safety of the public. Such plans shall include berms and other protective features. All outdoor shooting and archery ranges shall be supervised at all times by qualified personnel. § 165-204.31. Special event facilities. Special events facilities where allowed in the RA (Rural Areas) District, shall be subject to the following requirements: A. An illustrative sketch plan in accordance with the requirements of Article VIII shall be submitted with the Conditional Use Permit application. This plan shall identify: access for the facility, the location of all parking areas, the location and square footage for all structure(s) to be used, and the location of sewage disposal facilities. B. All structures associated with a special events facility shall require a building permit. C. All parking spaces and travel aisles shall be graveled. The Board of Supervisors may require through the Conditional Use Permit process that all travel aisles and/or parking spaces be paved with a minimum double prime and seal or alternative dust free surface. D. Portable toilets shall be permitted for special event facilities, provided that they are screened from all adjoining properties and roads by topography, structures or new or existing landscaping. E. Special events facilities that share a private access easement with another property owner/s, must show the easement allows a use of this type or written permission must be obtained by the sharing parties. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 – RA Rural Areas District § 165-401.01 Purpose and intent. A. The purpose of the rural area regulations is to preserve large, open parcels of land, tree cover, scenic views, sensitive environmental areas and prime agricultural and locally significant soils. The regulations provide for a variation in lot size, at a density not to exceed one unit per five acres. The varying lot size is permitted in order to facilitate designs that blend in with the existing landscape and preserve some larger tracts of undeveloped land in order to maintain the rural character of the County, as well as provide a choice to home buyers. B. The regulations are intended to reduce environmental impacts, such as soil erosion, by requiring development which is sensitive to the existing features of the natural terrain and by reducing the amount of clearing needed for roads. Diversity and originality in lot layout are encouraged in order to achieve the best possible relationship between the development and the land. Individual lots and streets should be designed to minimize alteration of the natural site features, relate positively to surrounding properties and protect the views from surrounding areas. It is intended that by allowing flexibility in the subdivision design, while at the same time requiring that environmental concerns be addressed, a more attractive, environmentally sound and economically viable development will result. § 165-401.02 Permitted uses. Structures and land shall be used for one of the following uses: A. Agriculture, farming, dairies, animal husbandry, and forestry. B. Orchards, horticulture and the production of nursery stock and products. C. Single-family dwellings. D. Mobile homes. E. Schools (without residential component). F. Public parks and playgrounds. G. Churches. H. Home occupations (as defined). I. Natural conservation areas. J. Winchester Airport. K. Group homes. L. Fire stations, companies and rescue squads. M. Frederick County sanitary landfill. N. Commercial and institutional cemeteries with or without funeral homes or cemetery office complexes. O. Post offices. P. Radio and television towers and their accessory buildings. Q. Public utility generating, booster or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities, railroad facilities and sewer and water facilities and lines owned by public utilities, railroad companies or public agencies. R. Required off-street parking. S. Oil and natural gas exploration, provided that the following requirements are met: (1) All requirements of the Code of Virginia, as amended, and all applicable federal, state and local regulations shall be met. (2) A site plan shall be reviewed and approved meeting all requirements of the Frederick County Code. (3) Approval of the site plan and use shall be for 90 days, with subsequent renewals being approved by the Board of Supervisors. (4) In order to begin extraction of the resource, a rezoning to the EM Extractive Manufacturing Zoning District will be required. T. Museums, parks or historic sites used for educational or historic preservation purposes. U. Business signs. V. Signs allowed in § 165-201.06B. W. Accessory uses. X. Poultry farms and hatcheries and egg production. Y. Fish hatcheries and fish production. Z. Hog farming. It shall be unlawful for any person to have or maintain or to permit to be erected, in the County, any hog pen that is located closer than 200 feet to a residence or an adjoining property that is used for human habitation. AA. Government services office. BB. Residential subdivision identification signs. CC. Farm Wineries. DD. Temporary family health care structure. EE. Farm breweries. FF. Farm distilleries. GG. Agritourism. HH. Commercial stables, equestrian facilities and commercial riding facilities. II. Cut-your-own Christmas tree and evergreen tree. JJ. On-premise wayside stand, roadside stand, or wayside market, accessory to a bona fide operating farm. § 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 planing 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 firing and archery ranges (indoor or outdoor). PP. Ice cream parlor or bakery. QQ. Craft and Gift Shops. § 165-401.07 Setback requirements. D. Accessory uses. The minimum setback for any accessory use or structure shall be as follows: 1. 60 feet from the edge of right-of-way of any public street or roadway owned and maintained by VDOT. 2. 45 feet from the edge of right-of-way of any private right-of-way or ingress/egress easement. 3. 15 feet from any side or rear property line. 1. One non-habitable accessory structure that meets the minimum setbacks for an accessory use may be located on a lot prior to the construction of a principal structure. This accessory structure shall not be permitted to contain any residential uses prior to the construction of the primary structure on the lot and shall be a maximum of 650 square feet in size.