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DRRC 01-26-17 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: January 26, 2017 Meeting and Agenda Date: January 20, 2017 The Frederick County Development Review and Regulations Committee (DRRC) will be meeting on Thursday, January 26, 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) Election of DRRC Chairman and Vice-Chairman. As stipulated in the DRRC Operating Procedures, a Chairman and Vice-Chairman will be elected during the first meeting of each year. 2) Chiropractors as a Conditional Use in the RP District. Discussion on a request to include chiropractors as a conditional use in the RP (Residential Performance) Zoning District. 3) Permitted and Conditional Uses in the RA District. Discussion on potential additional permitted and conditional uses 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 #2: Chiropractors as a Conditional Use in the RP District Staff has received a request to revise the Zoning Ordinance to include chiropractors as a conditional use in the RP (Residential Performance) District. Currently this use is permitted by right in the B1 (Neighborhood Business) District and the B2 (General Business) District. Staff has drafted a revision to the Zoning Ordinance to include doctor’s offices as a Conditional Use in the RP District with supplemental use regulations. 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 ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 402 – RP Residential Performance District § 165-402.01 Intent. A. Part 402 is intended to provide for a compatible mixture of quality residential housing types within the Urban Development Area, consistent with the residential land use policies of the Comprehensive Plan, the pllan identifies basic land use characteristics which are to be encouraged: (1) Efficient land use patterns that create high quality neighborhoods that are attractive and pedestrian oriented. (2) Densities that promote a compact and efficient use of land. (3) Reduced housing and public facility costs. (4) Energy efficient housing and housing patterns. (5) Sustainable and environmentally sensitive land use. B. Within this Part 402, a number of general performance requirements are identified. When a housing development has satisfied these requirements, this Part 402 is intended to provide a large degree of flexibility in development and housing design. This design process is accomplished through a master development plan which is designed in cooperation with the County staff and Planning Commission and reviewed by the Board of Supervisors. The layout, phasing, density and intensity of a development is determined through the adoption of the master plan by the Planning Commission and the Board of Supervisors. C. It is the intent of this Part 402 to allow a mixture of housing types on the land within an approved master development plan. Within this Part 402, the permitted multifamily development percentages and densities are identified. Multifamily housing types are allowed only when they adjoin similar uses or are properly separated from different uses. The master development plan shall specify the amount and percentages of all proposed housing types. D. While a mixture of housing types is allowed on a site, the intent is to use the master development plan and the other Article regulations to place the different housing types on the site in a way that will protect the living environment of the new residents and existing residential land uses. It is the intention of this Part 402 to integrate new residential developments with existing residential developments and to ensure that different residential developments are properly screened from one another while still creating a sense of community and while providing for a variety of housing options. This Part 402 attempts to encourage the provision of some amenities through density bonuses which are intended to enhance the development without increasing housing costs. E. Streets shall be provided in new developments to continue existing and planned street patterns and in conformance with the Comprehensive Plan as well as any road improvement plans where appropriate and where necessary to achieve an interconnected street system. Streets and rights-of- way in proposed developments, intended to be developed in the future, shall be clearly designated to take into account future development as indicated in the Comprehensive Plan. F. In those sections of this Part 402 where discretion is given to the Zoning Administrator, that discretion shall be exercised with this statement of intent as the primary guide for action. § 165-402.02 Permitted uses. A. All uses shall be developed in accordance with an approved master development plan unless otherwise waived under Article VIII of this chapter. B. Structures and land shall be used for one of the following uses: (1) All residential housing types specified in Part 402.09. (2) Schools and churches. (3) Fire stations and companies and rescue squads. (4) Group homes. (5) Home occupations. (6) Utility distribution facilities necessary to serve residential uses, including, but not limited to, poles, lines, distribution transformers, pipes and meters. (7) Accessory uses and structures. Accessory structures attached to the main structure shall be considered part of the main structure. Mobile homes and trailers, as defined, shall not be permitted as accessory structures or buildings. (8) Required or bonus recreational facilities, public or private parks, neighborhood parks, playgrounds, or other non-commercial recreational facilities. (9) Business signs associated with schools, churches, fires stations and companies and rescue squads, recreational facilities, public parks, playgrounds, and libraries. (10) Temporary model homes used for sale of properties in a residential development. (11) Libraries. (12) Public Buildings (13) Residential subdivision identification signs. (14) Signs allowed in § 165-201.06B. (15) Temporary family health care structure. § 165-402.03 Conditional uses. Uses and associated signs permitted with a conditional use permit shall be as follows: A. Convalescent and nursing homes and adult care residences and assisted living care facilities. B. Cottage occupations, as defined. C. Nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities, with an approved site plan, meeting the requirements of this chapter and with the following conditions: (1) All principal activities shall take place entirely within an enclosed structure. (2) All outdoor facilities shall be incidental to the principal facility or activity. (3) No facility or activity shall be erected or conducted less than 30 feet from any residential district or area within other districts which are predominantly residential in nature. D. Day-care facilities. E. Rooming houses, boardinghouses and tourist homes. F. Veterinary offices, veterinary clinics or veterinary hospitals, excluding boarding of animals for nonmedical purposes. G. Museums F. Offices and Clinics of Doctors of Medicine, Dentists and other Health Practitioners (SIC 801, 02, 803, and 804). Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 204 – Additional Regulations for Specific Uses § 165-204.30. Doctors of Medicine, Dentists and other Health Practitioners in the RP (Residential Performance) District. Doctors of Medicine, Dentists and other Health Practitioners in the RP (Residential Performance) District shall be subject to the following requirements: A. The use and site shall adhere to, and implement, General Business (B2) Zoning District design standards. B. The facility shall be located within the Sewer and Water Service Area (SWSA) and be served by public water and sewer. Item #3: Permitted and Conditional Uses in the RA District Staff has been requested to look at amendments to the Zoning Ordinance to examine additional permitted and conditional uses in the RA (Rural Areas) District. 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. Staff has included the current allowed and conditional uses in the RA District, along with a list of potential additions, definitions and supplementary use regulations. Staff would like to discuss these uses with the DRRC for potential inclusion in the RA District – an amendment with the selected uses will be bought to a future meeting. Staff has drafted a revision to the Zoning Ordinance to include SIC 79 as a Condi tional Use with supplemental use regulations. Staff would like to discuss with the DRRC the current Ordinance requirements and the proposed revisions Attachments: 1. Existing RA District Ordinance 2. List of potential additions 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. § 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. 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. ATTACHMENT 2 Potential By-Right Uses in the RA District:  Agritourism (see definition)  Commercial stables, equestrian facilitates and commercial riding facilitates.  Cut-your-own Christmas tree and evergreens  On-premise wayside stand, roadside stand or wayside market, accessory to a bona fide operating farm.  Special Event Facility associated with primary agricultural use on-site (see definition) Potential Conditional Uses in the RA District:  Commercial Firing and Archery Ranges (indoor or outdoor)  Ice cream parlor or bakery  Special Event Facility (see definition)  Craft and Gift Shops Supplemental Use Regulations for Special Events:  Bathrooms (drainfields vs. portable toilets)  Number of events per year  Cap on the number of people  Limitations on the hours of operation  Parking specifications  Music  Food service (onsite kitchens vs. catering requirements)  Site Plan vs. Illustrative Sketch Plan § 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 and archery range be located within 1,000 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. Potential Other Changes: COTTAGE OCCUPATION - An occupation or profession customarily carried on in a dwelling unit or an accessory building, which: ATTACHMENT 2 A. Actually is carried on wholly within the principal residential building or an accessory building or structure; B. Is carried on by no more than one two persons other than members of the family residing on the premises; and C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes. Definitions: AGRITOURISM - Any activity carried out at a farm winery, farm brewery, or an agricultural operation, 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, regardless of whether or not the participant paid to participate in the activity. These rural activities also include, but are not limited to, farm tours, tours of an individual agricultural operation, hayrides, heirloom plant and animal exhibits, crop mazes, and educational programs, workshops, or demonstrations related to agriculture or silviculture. 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.