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DRRC 02-24-22 Meeting Agenda1.Election of DRRC Chairman and Vice-Chairman 1.A.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 the year. 2.Update on Previous Zoning Ordinance Text Amendments 3.Zoning Ordinance Text Amendment Proposals 3.A.R4 & R5 District Conditional Uses Proposal to clarify conditional use requirements in the R4 and R5 Zoning Districts. This proposed amendment was initiated by staff. 3.B.Off-Street Parking Proposal to modify requirements for off-street parking for single-family attached (townhome) dwelling units. This proposed amendment was initiated by staff. 3.C.Protection of Environmental Features Proposal to clarify requirements for Zoning Administrator allowance as it pertains to "steep slopes." This proposed amendment was initiated by the Board of Supervisors. AGENDA DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE THURSDAY, FEBRUARY 24, 2022 7:00 PM FIRST-FLOOR CONFERENCE ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA DRRC02-24-22Bylaws.pdf DRRC02-24-22ProposedChangesR4R5ConditionalUses.pdf DRRC02-24-22ProposedChangesOff-StreetParking.pdf DRRC02-24-22ProposedChangesProtectionofEnvironmentalFeatures.pdf 1 4.Other 2 Development Review and Regulations Committee Agenda Item Detail Meeting Date: February 24, 2022 Agenda Section: Election of DRRC Chairman and Vice-Chairman Title: Election of DRRC Chairman and Vice-Chairman Attachments: DRRC02-24-22Bylaws.pdf 3 DRRC OPERATING PROCEDURES PROPOSED FOR CONSIDERATION ON FEBRUARY 24, 2022 ARTICLE I- AUTHORIZATION 1-1 The Frederick County Development Review and Regulations Committee is established by and in conformance with the bylaws of the Frederick County Planning Commission, (adopted January 2, 2002), Article V-Committees. 1-2 The official title of this body shall be the Development Review and Regulations Committee hereinafter referred to as the "DRRC." ARTICLE II- PURPOSE 2-1 The primary purpose of the DRRC is to work closely with the Frederick County Planning Staff and to carry out all duties and functions described herein. In each instance, the DRRC forwards recommendations or proposed updates to the Planning Commission who in turn forwards recommendations to the Board of Supervisors for final disposition. The primary functions of the committee are outlined below: a. To consider requests to amend the Frederick County Zoning and Subdivision Ordinances, made by the Board of Supervisors, Planning Commission, Frederick County Citizens, freeholders, businesses or organizations. b. To continually work on developing better rules and regulations of the Frederick County Zoning and Subdivision Ordinances. ARTICLE III- MEMBERSHIP 3-1 The membership of the DRRC shall be open to residents and freeholders of Frederick County appointed by the Chairman of the Planning Commission. The Chairman of the Planning Commission shall appoint Planning Commission Members to the DRRC. ARTICLE IV- MEETINGS 4-1 Regular monthly DRRC meetings shall be set by the Planning Commission. Meetings shall begin at 7:00 p.m. and adjourn by 8:30 p.m. 4 ARTICLE V- OFFICERS 5-1 There shall be a chairman and vice-chairman elected by the voting members of the DRRC. Nominations shall be made from the floor at the first meeting of the calendar year. A candidate receiving a majority vote of the entire voting membership shall be declared elected. Offices of the DRRC are valid for one-year terms. Officer vacancies shall be filled for an unexpired term by a majority vote of the DRRC until the end of the calendar year. ARTICLE VI- OPERATING RULES 6-1 Items on the agenda shall be considered by using the following procedures: 6-2 Call to order 6-3 Reading of minutes from preceding meeting 6-4 Report of agenda items by County Staff 6-5 Presentation by applicant of agenda item (if any) 6-6 Citizen comments (if any) 6-7 Discussion by DRRC 6-8 Rebuttal by applicant and staff (if any) 6-9 Motion and action by DRRC 5 Development Review and Regulations Committee Agenda Item Detail Meeting Date: February 24, 2022 Agenda Section: Zoning Ordinance Text Amendment Proposals Title: R4 & R5 District Conditional Uses Attachments: DRRC02-24-22ProposedChangesR4R5ConditionalUses.pdf 6 COUNTY 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, Senior Planner SUBJECT: Ordinance Amendment – Conditional Uses in the R4 and R5 Zoning Districts DATE: February 15, 2022 Proposal: This is a proposed amendment to Chapter 165 – Zoning to clarify the uses permissible with a conditional use permit in the Residential Planned Community (R4) and Residential Recreational Community (R5) Zoning Districts. Current Zoning Ordinance Standards: Per §165-501.04 of the Zoning Ordinance, the R4 District as currently worded does not require a conditional use permit be applied for to operate any use listed as a conditional use in the Zoning Ordinance. Additionally, the R5 District does not currently indicate any allowance for conditional uses. It should be noted that conditional use permits for the R5 has been interpreted to follow the conditional uses specified in the Residential Performance (RP) District, which is consistent with how the permitted uses in the R5 District are indicated. Conclusion and Requested Action: The attached document shows the existing ordinance with the proposed changes as drafted by Staff to provide clarification for the conditional uses in the R4 and R5 Zoning Districts. Staff is seeking comments from the DRRC to forward to the Planning Commission and Board of Supervisors for discussion. MTK/pd Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 7 Proposed Changes – Conditional Uses R4 & R5 Zoning Districts Drafted February 15, 2022 Chapter 165 – Zoning Ordinance ARTICLE V Planned Development Districts Part 501 R4 Residential Planned Community District § 165-501.04 Conditional uses. Uses listed as conditional uses shall not require a conditional use permit, but all uses shall meet the specific requirements set forth in this chapter for such uses. Uses permitted through a conditional use permit in the R4 Residential Planned Community District shall include those uses allowed as conditional uses in the following zoning districts with an approved conditional use permit: RP Residential Performance District B1 Neighborhood Business District B2 General Business District B3 Industrial Transition District OM Office-Manufacturing Park District M1 Light Industrial District Conditional uses, otherwise permitted by-right through an approved rezoning application and identified on an approved master development plan, shall not require a separate conditional use permit. 8 Proposed Changes – Conditional Uses R4 & R5 Zoning Districts Drafted February 15, 2022 Chapter 165 – Zoning Ordinance ARTICLE V Planned Development Districts Part 502 R5 Residential Recreational Community District § 165-502.05 Conditional uses Uses permitted by a conditional use permit in the R5 Residential Recreation Community District shall include all conditional uses specified in the RP Residential Performance District (§165-402.03) with an approved conditional use permit. Conditional uses, otherwise permitted by-right through an approved rezoning application and identified on an approved master development plan, shall not require a separate conditional use permit. 9 Development Review and Regulations Committee Agenda Item Detail Meeting Date: February 24, 2022 Agenda Section: Zoning Ordinance Text Amendment Proposals Title: Off-Street Parking Attachments: DRRC02-24-22ProposedChangesOff-StreetParking.pdf 10 COUNTY 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, Senior Planner SUBJECT: Ordinance Amendment – Off-Street Parking Requirements DATE: February 15, 2022 Proposal: This is a proposed amendment to Chapter 165 – Zoning to modify the requirement for off-street parking spaces for single-family attached/townhome (SFA/TH) dwelling units. Current Zoning Ordinance Standards: The Zoning Ordinance requires two (2) off-street parking spaces are required for all single-family dwellings and mobile homes regardless of housing type (§165-202.01 & §165-402.09). This standard has been insufficient for townhome communities where the off-street parking requirement is met with one (1) garage space and one (1) driveway space. Typically, in townhome communities there is not on-street parking (due to driveway spacing and private road widths) and limited (if any) off-street visitor parking spaces. Conclusion and Requested Action: The attached document shows the existing ordinance with the proposed changes as drafted by Staff. Staff is seeking comments from the DRRC to forward to the Planning Commission and Board of Supervisors for discussion. MTK/pd Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 11 Proposed Changes – Off-Street Parking Requirements Drafted February 15, 2022 Chapter 165 – Zoning Ordinance ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 202 Off-Street Parking, Loading and Access §165-202.01 Off-street parking; parking lots. Off-street parking shall be provided on every lot or parcel on which any use is established according to the requirements of this section. This section is intended to ensure that parking is provided on the lots to be developed and to ensure that excess parking in public street rights-of-way does not interfere with traffic. A. Required parking spaces. 1. For certain residential uses, parking requirements are contained in the zoning district regulations. In all other cases, parking spaces shall be provided with each allowed use, on the lot containing the use, according to the following table: Use Required Spaces Single-family detached dwellings and mobile homes 2 per unit Single-family attached (townhouse) dwellings 2.5 per unit ARTICLE IV Agricultural and Residential Districts Part 402 RP Residential Performance District §165-402.09 Dimensional requirements. The following dimensional requirements shall be met by uses in the RP Residential Performance District. The Zoning Administrator shall make the final determination as to the classification of housing types. Unless otherwise specified, all housing types shall be served by public sewer and water. H. Townhouse; back-to-back townhouse. This dwelling type consists of a single-family attached dwelling unit from ground to roof, with individual outside access. Rows of townhouses shall contain no more than eight dwelling units in a group. Back-to-back townhouses shall contain no more than 16 dwelling units in a group. Dimensional requirements shall be as follows: 12 Proposed Changes – Off-Street Parking Requirements Drafted February 15, 2022 A. Lot Dimensions A1 Minimum lot area 1,500 square feet A2 Minimum lot width End Unit: 22 feet Interior Unit: 18 feet B. Building Setbacks B1 From public or private road right-of-way With garage: 25 feet Without garage: 15 feet B2 From off-street parking 15 feet B3 Side 10 feet B4 Rear 20 feet Back-to-back option: N/A C. Setbacks for unroofed decks, stoops, landings and similar features C1 Front from off-street parking lot 10 feet C2 Front from private/public road 15 feet C3 Side (end unit) 5 feet C4 Rear 5 feet D. Minimum Parking D1 Required off-street parking 2 2.5 per unit E. Height E1 Principal building (max) 40 feet E2 Accessory building (max) 20 feet 13 Development Review and Regulations Committee Agenda Item Detail Meeting Date: February 24, 2022 Agenda Section: Zoning Ordinance Text Amendment Proposals Title: Protection of Environmental Features Attachments: DRRC02-24-22ProposedChangesProtectionofEnvironmentalFeatures.pdf 14 COUNTY 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, Senior Planner SUBJECT: Ordinance Amendment – Protection of Environmental Features DATE: February 15, 2022 Proposal: This is a proposed amendment to Chapter 165 – Zoning to expand the allowance for additional disturbance of steep slopes beyond the Zoning Ordinance standard (25%). Current Zoning Ordinance Standards: The Zoning Ordinance (§165-201.09) allows the Zoning Administrator to allow the disturbance of additional small areas where the disturbance will alleviate potential health and safety problems and will not significantly impact the overall environmental quality of the site. Conclusion and Requested Action: The attached document shows the existing ordinance with the proposed changes as drafted by Staff. Staff is seeking comments from the DRRC to forward to the Planning Commission and Board of Supervisors for discussion. MTK/pd Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 15 Proposed Changes – Protection of Environmental Features Drafted February 8, 2022 Chapter 165 – Zoning Ordinance ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 201 Supplementary Use Regulations §165-201.08 Protection of environmental features. In order to protect those areas of a parcel which have environmental characteristics that make them unsuitable for development, certain portions of a development shall remain undisturbed or be protected. It is the intention of this section that the disturbance of such areas by the development process be limited. It is also the intention of this section that the large portions of the areas with such environmental characteristics be placed in open space, environmental easements, the portion of the parcel left undivided or other areas where they will remain undisturbed. It is intended that the environmental conditions on a property be reviewed as the first step in the planning process before lots or dwellings are located. A. The requirements of this section shall apply to land in the following zoning districts: RP Residential Performance District R4 Residential Planned Community District R5 Residential Recreational Community District MH1 Mobile Home Community District B1 Neighborhood Business District B2 Business General District B3 Industrial Transition District OM Office-Manufacturing Park District M1 Light Industrial District M2 Industrial General District HE Higher Education District RA Rural Areas District MS Medical Support District B. All developments which require a master development plan, subdivision design plan, site plan, or preliminary sketch plan shall preserve the following environmental features as described: (1) Floodplains. Disturbance of floodplains is only permitted in accordance with the requirements of Article XV, FP Floodplain Districts. (2) Lakes and ponds. Lakes, ponds and impoundments shall remain undisturbed. The Administrator may allow the removal of a lake, pond or impoundment if it serves no useful retention, environmental, or recreational purposes. (3) Wetlands, natural waterways and riparian buffers. Disturbance of wetlands is only permitted in accordance with the requirements of the United States Army Corps of Engineers or other qualified state or federal agency. The disturbance of natural waterways and riparian buffers is prohibited, except when necessary for public utilities, public facilities or roads. 16 Proposed Changes – Protection of Environmental Features Drafted February 8, 2022 (4) Sinkholes. No disturbance of sinkholes is allowed other than filling with nonpolluting natural materials that will not contribute to groundwater pollution. (5) Natural stormwater retention areas. No more than 10% of natural stormwater retention areas on a site shall be disturbed. Natural stormwater retention areas may be replaced with the approval of the Administrator by artificial stormwater facilities if the total storage capacity of the site, as well as within each drainageway, is maintained. Natural stormwater retention areas which are floodplains, wetlands, lakes or ponds shall not be disturbed or replaced. (6) Steep slopes. No more than 25% of steep slopes, as defined shall be disturbed or regarded. The Zoning Administrator, through a written request made at time of site plan or subdivision design plan, may allow the disturbance of additional small areas where that disturbance will alleviate potential health or safety problems and will not significantly denigrate the overall environmental quality of the site. The Planning Commission may allow the disturbance of larger areas of steep slopes. C. In residential developments, the areas of undisturbed environmental features described in § 165-31B shall be located in areas of open space. However, the Planning Commission may allow undisturbed areas to be included din the required setback and yard areas on residential lots when the extent, location and disturbance of environmental areas make it impractical to place the undisturbed areas in common open space. In such circumstances, environmental easements, deeds of dedication, final subdivision plats or other legal instruments approved by the Zoning Administrator shall be required to specify the restrictions to be placed on the environmental areas. D. In rural preservation subdivisions, the environmental features described in § 165-31B, along with agricultural or locally significant soils, shall be placed within the forth-percent parcel, without undue detriment to other principles of quality subdivision design or significant loss of density, as determined by the Zoning Administrator. E. In commercial and industrial developments, the areas of undisturbed environmental features described in § 165-31B, shall be located in areas of open space, environmental easements, deeds of dedication, final subdivision plats or other legal instruments approved by the Zoning Administrator which specify the restrictions to be placed on the environmental areas. 17