HomeMy WebLinkAboutPC 06-06-12 Meeting Agenda
AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
June 6, 2012
7:00 P.M. CALL TO ORDER TAB
1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting ................................................................ (no tab)
2) April 18, 2012 and May 2, 2012 Minutes ........................................................................ (A)
3) Committee Reports .................................................................................................. (no tab)
4) Citizen Comments .................................................................................................... (no tab)
PUBLIC HEARING
5) Conditional Use Permit #03-12 for James W. Frye, for a Kennel. This property is located
at 323 Hunting Ridge Road (Route 608), and is identified with Property Identification
Number 30-A-98A in the Gainesboro Magisterial District.
Mr. Johnston .................................................................................................................... (B)
6) Ordinance Amendment – Chapter 165 Zoning, Article IV Agricultural and
Residential Districts, Part 401 RA Rural Areas District, §165-401.03 Conditional
Uses, and Article I General Provisions Amendments and Conditional Use Permits,
Part 101 General Provisions, §165-101.02 Definitions and Word Usage – Revisions
to allow “Treatment Homes” as a conditional use in the RA District, and revisions to the
definition of adult treatment home.
Mrs. Perkins ..................................................................................................................... (C)
COMMISSION DISCUSSION
7) Ordinance Amendment – Chapter 165 Zoning, Article IV Agricultural and
Residential Districts, Part 402 RP Residential Performance District; Article II
Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific
Uses; Article I General Provisions, Amendments, and Conditional Use Permits –
Revisions to the RP Zoning District and other sections of the Zoning Ordinance that
pertain to the RP Zoning District to modify the format, provide additional flexibility and
housing options and provide updates to the Zoning Ordinance to ensure that it is in
conformance with the 2030 Comprehensive Plan
Mrs. Perkins ..................................................................................................................... (D)
8) Ordinance Amendment – Chapter 165 Zoning and Chapter 144 Subdivision of
Land. Revisions to the approval authority for waiver opportunities provided to the
Planning Commission, Board of Supervisors and the Zoning/Subdivision Administrator
contained in Chapters 165 and 144 of the Frederick County Code.
Mrs. Perkins ..................................................................................................................... (E)
9) Other
Frederick County Planning Commission Page 2841
Minutes of April 18, 2012
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
The meeting was held in the Board Room of the Frederick County Administration Building at 107 North
Kent Street in Winchester, Virginia on April 18, 2012.
PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/
Opequon District; Brian Madagan, Opequon District; Gary R. Oates, Stonewall District; J. Stanley
Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee
District; Charles E. Triplett, Gainesboro District; Kevin W. Kenney, Gainesboro District; Greg L. Unger,
Back Creek District; Kevin O. Crosen, Back Creek District; Christopher M. Mohn, Red Bud District;
Philip E. Lemieux, Red Bud District; and Roderick B. Williams, County Attorney.
STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Director; John A.
Bishop, Deputy Director-Transportation; Mark R. Cheran, Zoning & Subdivision Administrator; and
Renee’ S. Arlotta, Clerk.
-----------
CALL TO ORDER & ADOPTION OF AGENDA
Chairman Wilmot called the meeting to order at 7:00 p.m. A motion was made by
Commissioner Oates to adopt the agenda for this evening’s meeting as presented. This motion was
seconded by Commissioner Thomas and unanimously passed.
-------------
MEETING MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Crockett, the
Planning Commission unanimously approved the minutes of the March 7, 2012 meeting.
-------------
COMMITTEE REPORTS
CPPC - Senseny/Eastern Frederick Urban Areas Land Use Plan
Commissioner Mohn reported the CPPC held a public meeting so that citizens could
learn about the rough draft of the Senseny/Eastern Frederick Urban Areas Land Use Plan. Commissioner
Mohn said there was good input from members of the various working groups. He noted that the draft
plan was also discussed at the Planning Commission’s Annual Retreat. Commissioner Mohn said
Frederick County Planning Commission Page 2842
Minutes of April 18, 2012
everyone seems pleased with the draft plan that has evolved and looks forward to receiving additional
input as the plan moves through this process.
-------------
Sanitation Authority (SA)
– 4/17/12 Mtg.
Commissioner Unger reported the SA received approximately 50 new customers within
the previous quarter, which meets normal expectations. Commissioner Unger reported the elevation of
the Diehl Plant in Stephens City dropped about four feet, due to the lack of rainfall. He noted the rainfall
in March was only 1.3 inches; normal rainfall for March is about three inches. Commissioner Unger
reported some problems with the sewer main on Buckingham Drive in Stephens City and the SA is
hoping to replace the entire main because the existing concrete pipe is leaking. A problem has also been
reported at the pump station at the Hood Plant. Commissioner Unger stated that in the past, water hauling
in Frederick County has been done on an honor system; however, in the future, the SA is going to
establish two local water hydrants where water removal can be monitored. He said the SA is concerned
about inappropriate water loss when water becomes scarce due to the lack of rain.
-------------
Economic Development Commission (EDC)
– 4/06/12 Mtg.
Commissioner Madagan reported the focus of the meeting was the future of
manufacturing in the Winchester-Frederick County area. He said the staff provided a wide spectrum
analysis and there was discussion. He said the basic summation was that manufacturing is not growing in
this area like it was at one time, but it’s still a very strong and very stable aspect of the local economy,
providing numerous reasonable and excellent paying jobs for this area.
-------------
City of Winchester Planning Commission
– 4/17/12 Mtg.
Commissioner Mohn reported that the Planning Commission for the City of Winchester
considered a couple conditional use permits and recommended approval. Commissioner Mohn said they
also considered some new business that included ordinance language to try and get ahead of the baseball
stadium issue and get some definitions and performance regulations established for the definitions of
arenas, amphitheaters, and stadiums. There were also a number of administrative actions handled as well.
-------------
Chairman Wilmot called for citizen comments on any issue not on this evening’s agenda.
No one came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting.
CITIZEN COMMENTS
--------------
Frederick County Planning Commission Page 2843
Minutes of April 18, 2012
PUBLIC MEETING
Rezoning #03-12 of Graystone Corporation to revise proffers associated with Rezoning #09-09,
approved by the Board of Supervisors on January 27, 2010. This revision relates to the
“Transportation Improvements” section of the proffers. The properties are located on the north
side of Redbud Road (Rt. 661), the east side of CSX Railroad, the west side of Milburn Road (Rt.
662), and the south side of McCanns Road (Rt. 838). The properties are further identified by
P.I.N.s 43-A-158, 44-A-25, and 44-A-26 in the Stonewall Magisterial District.
Action – Recommended Approval
Commissioner Oates said he would abstain from all discussion and voting on this
rezoning application due to a possible conflict of interest.
Deputy Director-Transportation, John A. Bishop, explained this is not a public hearing
item; it falls under the new State Code which allows for minor proffer revisions without benefit of public
hearing. Mr. Bishop stated that since this property was rezoned back in 2010, the County staff has been
working very closely with the applicant to bring this roadway to fruition. He said there have been two
applications for economic development access funds totaling $1.3 million; the County will be managing
the construction of the project as required under those funds; and the County is taking part in the design
process. Mr. Bishop said about six months ago, as the design was being finalized and approved by
VDOT and the final engineering estimates were being done, the cost amount came in significantly higher
than what was expected for the project. Mr. Bishop said even with the benefit of State dollars procured,
the applicant didn’t feel it was financially feasible to their overall project to move forward with the
roadway.
Mr. Bishop stated that while working with VDOT and the applicant, various suggestions
were made regarding possible value engineering items to help bring the cost of the roadway more in line
with what the applicant felt they could do. Mr. Bishop explained the U4D language has been removed,
which refers to an urban section, and would allow the elimination of the curb and guttering normally
required. It also has removed the language for a “raised” median. He said there still would be a long-
term guarantee of a divided roadway; however, the standard of the median is brought down. Mr. Bishop
noted that the turn lanes are still included, along with median separation.
Continuing, Mr. Bishop said it was important to note that under the proffers, as
previously approved and adopted, the applicant is not required to do four lanes up front; they are required
to eventually do four lanes, but only two lanes up front. Then, upgrading to four lanes, once the traffic,
whether generated by them or the neighboring developments, reaches 8,000 trips. The 8,000 trips is a
specific reference to language within VDOT’s Subdivision Street Acceptance Guidelines, and that is why
that particular number is used as the trigger. He said the applicant, considering their internal financial
situation, felt it was more cost effective to go ahead with the four lanes now, but it is not required.
Commissioner Crosen asked if the median simply served as a safety protective barrier.
Mr. Bishop replied that a median accomplishes several things; he said it provides an area for additional
turn lanes, it provides a recovery area, and it provides a buffer area for oncoming traffic.
Frederick County Planning Commission Page 2844
Minutes of April 18, 2012
Commissioner Unger believed it was a good idea to reduce the cost of the roadway.
However, he questioned whether the applicant will be able to afford the roadway improvements when the
traffic reaches 8,000 vehicles per day, especially if the traffic is being generated by other developments.
Commissioner Thomas asked if the entire section of Snowden Bridge Boulevard will
have the same geometrics with this proffer change. Commissioner Thomas assumed the right-of-way
through the Route 37 section had already been provided, consistent with the same geometrics as the rest
of the right -of-way. Mr. Bishop said this was correct; he said everything will have a median and it will
still be a four-lane divided section the whole way through. He said there will be some differences in
terms of curb and gutter versus non-curb and gutter, and raised median versus non-raised median; but,
there will still be a four-lane divided section the whole way through.
Commissioner Thomas inquired if there was a bond to guarantee the four lanes upon
reaching the 8,000 trips per day. Mr. Bishop replied it would be specifically tied to site plans. Mr.
Bishop said this is a large industrial site and the likelihood of it being a single user is very low. As the
additional users come in, the projected traffic will be examined. He said as the number of vehicles per
day approaches the 8,000 trips and someone comes in for a land bay, they would not be able to proceed
without meeting their obligation.
Commissioner Kenney asked what the speed limit would be along the boulevard and if
the median would help to maintain that speed. Mr. Bishop replied it’s a 45mph design speed with an
expected 35mph speed limit. Mr. Bishop said that the median helps to maintain a calming effect for motor
vehicle operators. Commissioner Kenney asked if the proposed changes to the proffers helped to acquire
the value engineering sought by the applicant. Mr. Bishop replied it does reduce the cost and all
indications are that the applicant is more comfortable with this level of cost than the previous design.
Mr. John Goode with Graystone Corporation came forward to address the Commission.
Mr. Goode thanked Mr. John Bishop for his assistance throughout the process. Mr. Goode said they
started off with a more than adequate budget to complete the project with four lanes; however, two things
happened. They dropped back from four to two lanes at Route 37 because VDOT said they needed to
account for the design of Route 37 East, which doesn’t yet exist. He said they wanted to complete all four
lanes, until they encountered the problem with Route 37. He said the second issue occurred toward the
end of the process with the first set of drawings they worked with. He said a cost estimate was conducted
and it was millions of dollars higher than the original budget and the percentage increase was 80% higher
than the original budget. With that, they terminated the first engineering firm and started over with a new
engineering firm. Mr. Goode explained why he believed the road improvements would be completed
prior to approaching the maximum vehicle trips.
Mr. Goode next wanted to address the negative comments received from VDOT. Mr.
Goode said they started this process approximately nine-to-ten months ago; however, VDOT will not
review their new set of drawings until the proffer revision is approved by the County. Mr. Goode
predicted that the County would be seeing a considerable number of negative VDOT comments on
projects in the future because of VDOT’s “Rolls Royce” standards for road construction. He said whether
it’s public or private money or, in their case a combination of the two, he did not think paying the cost of
those high standards was feasible. Mr. Goode said it wasn’t practical to put into place VDOT’s ideal
median standards. Regarding VDOT’s issue on the curb and gutters and transitioning, Mr. Goode said he
thought the County was moving towards eliminating curb and gutter because if water is collected, then it
has to be managed. He believed the elimination of curb and gutter served two purposes: one, it gets rid of
a lot of concrete work and second, it reduces cost and manages water. Regarding transitioning, he said
Frederick County Planning Commission Page 2845
Minutes of April 18, 2012
motorists regularly travel through transitions and expecting a project like this to have no transitions is
unrealistic. Furthermore, Mr. Goode said in spite of the fact the drop back to two lanes to accommodate
the design of Route 37 East was done because that design doesn’t yet exist, in a recent meeting with
VDOT, they were criticized for the transition from four lanes to two lanes. He said they dropped back to
two lanes for a purpose; to accommodate the future Route 37 East. He stated this will be a public road
and they want VDOT to take it over when it’s completed. Mr. Goode believed this will probably be the
best section of road ever constructed in Frederick County. However, he believed that VDOT’s standards
were making it prohibitive for development to pay for road construction. He commented that VDOT has
stated they do not want to spend any maintenance money for at least 30 years. Mr. Goode said that
whether the money is private or public, it should not be wasted. Mr. Goode commented the applicants do
not want to put more money into the road than the project is worth.
Chairman Wilmot next opened the public meeting to citizen comments and called for
anyone wishing to speak regarding this matter. No one came forward to speak and Chairman Wilmot
closed the public comment portion of the meeting.
Some members of the Planning Commission were not supportive of modifying the
transportation proffers. A Commissioner stated it was not the County taxpayers’ responsibility to
subsidize a developer’s project because the applicant misestimated the original cost, when the proffers
were originally presented. He believed if a precedent is started to change developers’ proffers after a
rezoning is approved to enable a contractor or developer to maximize their profit at the expense of
Frederick County’s taxpayers, it would not benefit anyone. He believed VDOT’s comments made sense;
particularly, that transitions are dangerous and are an impact to traffic flow. In addition, it was believed
that infrastructure needed to be initially built to last; otherwise it would present a considerable future
expense for taxpayers to maintain or rebuild.
Other members of the Planning Commission had a different perspective and were
supportive of the request under existing circumstances. A Commissioner noted that this project has been
in progress a long time and these are not the same economic times as in earlier years. It was believed the
applicant’s request was reasonable; they were not in favor of unnecessary waste of resources, regardless
of who is paying for them. It was noted there is a plan in place for accommodating future volume.
Another Commissioner commented that this project will have a tremendously positive future economic
impact. The Chairman noted that this road is more than a road to an industrial park; it was a connection
to areas of the County that would also serve residential users.
Upon a motion made by Commissioner Crockett and seconded by Commissioner Manuel,
BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval
of Rezoning #03-12 of Graystone Corporation to revise the proffers associated with Rezoning #09-09,
which was approved by the Board of Supervisors on January 27, 2010, and relates to the transportation
improvements section of the proffers.
The recommendation for approval was passed by the following majority vote:
Frederick County Planning Commission Page 2846
Minutes of April 18, 2012
YES (TO APPROVE): Unger, Crosen, Ambrogi, Manuel, Crockett, Wilmot, Kenney, Triplett
NO: Thomas, Madagan, Lemieux, Mohn
ABSTAIN: Oates
-------------
COMMISSION DISCUSSION:
SENSENY/ EASTERN FREDERICK URBAN AREAS LAND USE PLAN
The 2030 Comprehensive Plan provides the foundation for the Senseny/ Eastern Frederick Urban
Areas Land Use Plan, including the focus of the Working Groups, which are Urban Areas and
Residential Development, Business Development, Transportation, and Natural Resources, historic
Resources, and Public Facilities. This draft Plan represents the work of a large number of citizen
volunteers who have been working over the past several months in collaboration with each other.
Deputy Director, Michael T. Ruddy, first provided the details of how the public was
involved in this effort from the beginning and he explained there was a considerable amount of public
outreach throughout the project. Mr. Ruddy explained how public introduction and input meetings were
conducted and working groups were established. He said the working groups crafted the various sections
of the Senseny/Eastern Frederick Urban Areas Plan. Mr. Ruddy noted the various chapters that make up
the plan include the Urban Areas and Residential Development, Business Development, Transportation,
and Natural Resources, Historic Resources, and Public Facilities. Mr. Ruddy said these chapters are
aligned with the policies of the 2030 Comprehensive Policy Plan approved last summer.
Mr. Ruddy said that following the effort of the working groups, a Facilitator Group
convened to establish one draft plan. He said after considerable discussion and some collaboration, the
Facilitator Group endorsed a draft plan on February 1, 2012. This draft was reviewed by the Board of
Supervisors at the Planning Commission’s Annual Retreat. A public review and input meeting on the
draft plan was held on March 21, 2012. Mr. Ruddy announced that support for the study continues. He
noted that this plan is being presented to the Planning Commission as a discussion item and will be
forwarded to the Board of Supervisors for discussion at their meeting on April 25.
Mr. Ruddy next presented the details of the plan and corresponding maps to the
Commission for their discussion. Regarding the land uses, Mr. Ruddy focused on some of the key
components concerning residential land uses. He said the residential land use is proposed at a higher
density than has historically occurred within the County’s urban areas. In addition, there are key focal
points involving the Urban Centers, particularly the Crosspointe Urban Center, the Greenwood Urban
Center, and the Parkins Mill Urban Center/Neighborhood Village. Mr. Ruddy next talked about the
Business Development Land Uses and noted that some of the areas were somewhat redefined. Interstate
and Highway Commercial Uses at Routes 7, 50, and 522 would remain advantageous focal points;
however, some employment-oriented centers are identified on Warrior Drive extended. In addition, a
business development area has been identified as the Parkins Mill Economic Development Area, which is
a large area consisting of over than 500 acres in size.
Frederick County Planning Commission Page 2847
Minutes of April 18, 2012
Transportation components of the plan were next presented by Mr. Ruddy. Some of the
key components of the text were access management; enhanced future road network; complete streets;
corridor design; and targeted locations for implementation, especially in the areas surrounding Millbrook
High School, Shenandoah University, and the future urban centers areas. Mr. Ruddy next spoke about the
Natural Resources, Historic Resources, and Public Facilities portion of the plan. He summarized the key
components of this section as the green infrastructure, the environmental corridors, the environment
management systems, potential historic districts and key preservation areas, public facilities as
community focal points, new school and park locations, and the airport and landfill support areas.
Mr. Ruddy next answered questions from the Commission members. There was some
discussion about hatching designations on a couple of the slides surrounding the airport, which made the
designation of the Airport Support Area a little unclear. A member of the Commission stated that it
appears the Airport Support Area was separated from the airport by an industrial area and Route 37. Mr.
Ruddy said the staff could enhance the hatching designations so it would clearly show there was no
disconnect in the Airport Support Area.
No other issues were raised by Commission members. The Planning Commission
believed the plan was ready to go forward to the Board of Supervisors for their discussion.
-------------
ADJOURNMENT
No further business remained to be discussed and upon motion by Commissioner Oates
and second by Commissioner Thomas, the meeting adjourned at 8:00 p.m. by a unanimous vote.
Respectfully submitted,
_______________________________________
June M. Wilmot, Chairman
_______________________________________
Eric R. Lawrence, Secretary
Frederick County Planning Commission Page 2848
Minutes of May 2, 2012
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
The meeting was held in the Board Room of the Frederick County Administration Building at 107 North
Kent Street in Winchester, Virginia on May 2, 2012.
PRESENT: June M. Wilmot, Chairman/Member at Large; Gary R. Oates, Stonewall District; J.
Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel,
Shawnee District; Charles E. Triplett, Gainesboro District; Kevin W. Kenney, Gainesboro District; Greg
L. Unger, Back Creek District; Kevin O. Crosen, Back Creek District; Christopher M. Mohn, Red Bud
District; Philip E. Lemieux, Red Bud District; and Roderick B. Williams, County Attorney.
ABSENT: Roger L. Thomas, Vice Chairman/ Opequon District; Brian Madagan, Opequon District.
STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Director;
Candice E. Perkins, Senior Planner; Mark R. Cheran, Zoning & Subdivision Administrator; and Renee’ S.
Arlotta, Clerk.
-----------
CALL TO ORDER & ADOPTION OF AGENDA
Chairman Wilmot called the meeting to order at 7:00 p.m. A motion was made by
Commissioner Oates to adopt the agenda for this evening’s meeting as presented. This motion was
seconded by Commissioner Crockett and unanimously passed.
-------------
COMMITTEE REPORTS
Transportation Committee
– 4/23/12 Mtg.
Commissioner Oates reported that the Transportation Committee reviewed the Interstate,
Primary, and Secondary Road Improvement Plans. Commissioner Oates said there wasn’t much change
since last year. He said the Transportation Committee voted to send the plans to the Board of Supervisors
for their consideration.
-------------
Frederick County Planning Commission Page 2849
Minutes of May 2, 2012
CITIZEN COMMENTS
Chairman Wilmot called for citizen comments on any issue not on this evening’s agenda.
No one came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting.
--------------
PUBLIC HEARING
Rezoning #04-12 of Kesari Properties, submitted by Painter-Lewis, P.L.C., to rezone five acres
from RA (Rural Areas) District to B2 (Business General) District with proffers, and 1.49 acres from
B2 District to B2 District with proffers, totaling 6.49 acres. The properties are located on the west
side of Route 11, south of the intersection of Hopewell Road (Rt. 672) and Route 11. The properties
are further identified by P.I.N.s 33-A-163 and 33-A-164B in the Stonewall Magisterial District.
Action – Recommended Denial
Deputy Director, Michael T. Ruddy, reported that this rezoning request is accompanied
by a generalized development plan (GDP). Mr. Ruddy said the applicant is proposing to rezone adjacent
additional land and to combine it for an expanded truck stop operation. He noted that the applicant’s
GDP and proffer recognizes the intent to create an out parcel, which could contain a variety of different
commercial uses. Mr. Ruddy said the most important element is the frontage along Route 11 and access
to and from the site, along with Hopewell Road (Rt. 672), where Hopewell Road comes into Route 11 and
Brucetown Road, just a little further to the north.
Mr. Ruddy stated that the commercial land use designation requested by the applicant is
consistent with the Northeast Land Use Plan (NELUP) and the 2030 Comprehensive Plan. However, the
NELUP points out there are significant improvements anticipated within the Route 11 right-of-way and,
in particular, at this intersection to support the future land uses identified in the Comprehensive Policy
Plan. Therefore, this particular stretch of Route 11 in front of the project is recognized as being a future
six-lane divided arterial road. In addition, the intersection at this location would provide a future access
to Interstate 81 and is currently in substandard condition. Mr. Ruddy noted that experience with other
rezoning requests and truck stop operations further north reveal the impacts associated with this type of
proposed operation.
Mr. Ruddy next reviewed the applicant’s proffers with the Commission. He said the
applicant has proffered a limitation on the future fast food restaurant size for the out lot; in addition, the
applicant has proffered a limitation on the fueling stations. The applicant has also proffered a right-turn
lane on Route 11 southbound, a new commercial entrance on the southern portion of the property, a ten-
foot dedication of right-of-way along Route 11, and the installation of a signalized improvement at the
future commercial entrance to the south. Mr. Ruddy said the applicant has also made a proffered
commitment to provide $25,000 for future transportation improvements within the Route 11 right-of-way.
Mr. Ruddy questioned whether the proffers fully addressed the right-of-way designation of the
Comprehensive Plan, or the full anticipated impacts at the intersection of Hopewell and Brucetown
Roads, and at Route 11 in this location. His concerns were based on what is occurring at this location, the
character of the traffic, and other projects in and around this general area.
Frederick County Planning Commission Page 2850
Minutes of May 2, 2012
In summary, Mr. Ruddy stated it was the staff’s opinion that the transportation issues
have not been mitigated. He said the GDP highlights the internal circulation and function of the site, but
it is not clearly demonstrated how the flow in and around the site will successfully occur. The other
unmitigated transportation impacts include the site access and impacts to Route 11 and 672; the future
Route 11-U6D; the intersection of Routes 11 and 672; and the improvements required with site
development.
Commissioner Oates stated that during the last update of the NELUP, a transportation
study was conducted and this study raised the need for up to six lanes on Route 11. He said at that time, it
was concluded that 120 feet of right-of-way was needed to accommodate Route 11 and a minimum of 20
feet of dedication was needed on either side. Mr. Ruddy replied there are recognized constraints at this
intersection, particularly with the restaurant being so close to the existing right-of-way, in addition to
Hopewell Road being a prescriptive right-of-way, and that is why the modifications which have occurred
here recently are interim accommodations. Mr. Ruddy said the exact right-of-way needs, given all of the
turning movements, would need to be determined through a detailed design, which is typically done by
the development occurring in the vicinity.
Mr. John Lewis, P.E., with Painter-Lewis, P.L.C., was representing the owner and
applicant, Mr. Laxmi Kesari, of Kesari Third Generation, L.L.C., in this rezoning application. Mr.
Lewis commented that everyone realizes this is a difficult site and there are problems with setbacks,
parking, and access. He said the Old Stone facility has had success operating at this location for a long
time, possibly since the 1940’s; however, in order to maintain success, Mr. Kesari believes improvements
to the facility are required and the points of access were vital to the success of the retail operation. Mr.
Lewis said they recognized the access does not conform to current ordinance standards; however, they are
trying to bring the access more into conformance than the existing conditions. He said they are proposing
to close an entrance on Route 11, to close an entrance on Hopewell Road, and to modify one of the
entrances on Route 11 to provide more control for access. Mr. Lewis described the traffic patterns on the
site for retail and for fuel sales. Mr. Lewis stated that with the improvements described, they believed the
truck traffic and vehicular traffic were going to be segregated and access to and from Route 11 and
Hopewell Road would be greatly improved.
Furthermore, Mr. Lewis stated that VDOT had suggested that two additional entrances be
closed. He said the Old Stone Restaurant has been operating for years and there’s an established traffic
pattern; people know how to get in and out, where to park, and how to get to the fuel pumps. Mr. Lewis
said that if those two suggested entrances are closed, it will severely restrict access to the front of the
store. Mr. Lewis said their proposal would sustain the short-term viability of the retail operation and, it
would get them closer to where Frederick County would want them to be. Mr. Lewis also spoke about
the staff’s comment that sufficient right-of-way had not been dedicated for the future Route 11 widening.
Mr. Lewis said the Old Stone Restaurant sits 22 feet from the Route 11 right-of-way and unless they can
acquire additional property, they simply do not have the land to dedicate. Mr. Lewis said the owner is
aware that the widening of Route 11 to an urban section will eliminate the luxury of their curb cuts along
the right-of-way and they are trying to plan for that; however, they would prefer to put off those major
expenditures until such time as the plans for Route 11 are actually designed. The third staff comment Mr.
Lewis addressed was the intersection of Hopewell Road and Brucetown Road. He said it was his
understanding Hopewell and Brucetown would need to be aligned at a 180-degree intersection and the
preferred location was to move Hopewell Road to the north. He noted that if that is the preference, there
is nothing Mr. Kesari can do because he doesn’t own any property in that vicinity. Regarding the
comment that the $25,000 proffer amount was insufficient, Mr. Lewis believed consideration should be
given to the cost of the turn lane and commercial entrance they were going to construct, and moving the
Frederick County Planning Commission Page 2851
Minutes of May 2, 2012
diesel and gasoline fuel pumps away from the right-of-way to improve circulation. Mr. Lewis said that
all of these improvements will be necessary for widening of Route 11 and should be counted financially
towards the contribution by Mr. Kesari.
In summary, Mr. Lewis stated that their primary objectives for this rezoning were to
redesign the site to provide more vehicular maneuvering area and to separate trucks and cars as much as
possible; to move the pumps away from Route 11 to accommodate the anticipated future widening of
Route 11; to prevent trucks from entering Route 11 in such close proximity to Hopewell Road as they do
today; and to dissuade trucks from exiting via the Hopewell Road access. Mr. Lewis stated that these
objectives have been met with this GDP and the proffers. Mr. Lewis acknowledged that these
improvements did not solve all the current and future transportation issues in the area, but they are clearly
an improvement to the existing conditions and will facilitate other improvements envisioned by the
County’s planning efforts.
Commissioner Oates commented that he is in the vicinity of the Old Stone Restaurant
everyday and has observed the vehicular and truck traffic coming into and out of the site. Commissioner
Oates said the entrances on Route 11 South need to be eliminated; he said trucks or cars’ exiting that
close to the traffic signal creates congestion and an unsafe situation. He didn’t think the Old Stone
Restaurant needs to be moved or torn down; however, he thought the parking is eventually going to have
to be relocated to the back because several of the entrances on the front have already been closed.
Commissioner Oates said he would have been interested to see the GDP showing where the future
parking would go, and how the site will eventually work out. He said he would rather see the money
spent now to address that issue, rather than putting in a new fueling station, enlarging the site, additional
pavement, and more trucks. Commissioner Oates said that the $25,000 will not be adequate compared to
what the County will have to pay to get the right-of-way in the future, let alone all the road improvements
that will be needed. Commissioner Oates did not believe he would be able to support this plan.
Commissioner Crockett raised the issue of the location of the diesel-fueling island and
where the trucks would be queuing in for diesel fueling. Commissioner Crockett said a typical semi-
trailer is 53 feet and adding the tractor unit, it is close to 70 feet. He said by observing the location of the
fuel islands, from the right turn-in lane and the circle around the pond, and judging by the scale on the
plan, there will only be enough queuing for three trailers before it starts to block the turn lane coming in.
Commissioner Crockett expressed concern that if there are seven or eight trucks, they will queue in the
right-hand turn lane on Route 11 as they are coming in.
Commissioner Unger had questions about how trucks entering the site from Route 11
would exit the site, if they turn into the parking lot and go right to fuel.
Commissioner Kenney also had questions about truck maneuvering on the site. He
inquired about the size of the truck station parking spots. Commissioner Kenney thought it would have
been helpful to have some directional arrows on the plan to help visualize the flow of traffic.
Commissioner Mohn asked Mr. Lewis if a turning movement analysis had been done that
could potentially be shared with the Commission to show how some of the angles could be maneuvered
by a semi-truck. He said a visual aide showing how the site and flow is intended to work may help the
Commission.
Frederick County Planning Commission Page 2852
Minutes of May 2, 2012
Commissioner Oates recognized there were problems on the site with the internal
circulation and these issues could be addressed at the site plan stage; however, his primary concern was
with the entrances. He said the number of full entrances around the area of Hopewell and Brucetown,
along Route 11, was of particular concern. Commissioner Oates suggested the possibility of decreasing
the number of entrances and also, removing all of the signs around the islands to improve the site
distance. He was concerned that the number of entrances and exits shown would only create chaos.
Commissioner Oates said he would have preferred the plan to show the future phases and what eventually
might be done. He said if the rezoning is recommended for approval the way it is shown on the plan,
there was no guarantee that anything will ever get done past what is shown today.
Chairman Wilmot next opened the public hearing to citizen comments and she called for
anyone in the audience who wished to speak on this rezoning. No one came forward to speak and
Chairman Wilmot then closed the public comment portion of the hearing.
Commissioner Oates said he has no problems with this being a truck stop; he thought
truck stops were good tax revenue generators and this use is an appropriate land use for this area.
However, his issue was strictly the transportation aspect of this. Commissioner Oates believed it was a
huge public health, safety, and welfare issue with leaving those entrances as shown.
Commissioner Oates made a motion to recommend denial of the Kesari Properties
Rezoning Application #04-12 because it did not adequately address the Northeast Land Use Plan, it does
not address the impacts to Route 11 and Route 672, nor does it address VDOT’s concerns. This motion
was seconded by Commissioner Crockett. The motion was unanimously passed.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously
recommend denial of Rezoning #04-12 of Kesari Properties, submitted by Painter-Lewis, P.L.C., to
rezone five acres from RA (Rural Areas) District to B2 (Business General) District with proffers, and 1.49
acres from B2 District to B2 District with proffers, totaling 6.49 acres.
(Note: Commissioners Thomas and Madagan were absent from the meeting.)
-------------
PUBLIC MEETING:
Master Development Plan #02-12 of Contrail Park Apartment Complex, submitted by Painter-
Lewis, P.L.C., to develop an apartment complex consisting of three buildings with 12 units each,
totaling 36 units. The properties are located at 737 and 749 Front Royal Pike. The properties are
further identified by P.I.N.s 64C-1-15 and 64C-A-8 in the Shawnee Magisterial District.
Action – Recommended Approval
Commissioner Oates said that he would abstain from all discussion and voting on this
item due to a possible conflict of interest.
Senior Planner, Candice E. Perkins, reported the proposed development will be accessed
via one entrance on Front Royal Pike (Rt. 522 South) and the Master Development Plan (MDP) shows the
Frederick County Planning Commission Page 2853
Minutes of May 2, 2012
general locations of proposed improvements such as sidewalks, buildings, parking, recreation units, and
buffers. She said additional details and ordinance requirements will be shown on the site plan. Ms.
Perkins said the applicant is requesting a waiver of the six-foot berm requirements associated with the
road efficiency buffer along Route 522, due to the fact that the subject site is approximately ten feet
higher in elevation than Route 522. Therefore, the waiver of the buffer may be appropriate.
Ms. Perkins stated the MDP for the Contrail Park Apartment Complex is consistent with
the Comprehensive Policy Plan and the zoning ordinance, if the waiver is granted by the Board of
Supervisors. Ms. Perkins said the staff is seeking a recommendation from the Planning Commission to
the Board of Supervisors on the proposed waiver and comments from the Planning Commission to
forward to the Board of Supervisors.
Mr. Tim Painter of Painter-Lewis, P.L.C. came forward to represent the property owner,
Cornerstone L.P., L.L.P. Mr. Painter said their plans are to place pods of parking to serve individual
buildings. He said two of the parking pods will have an at-grade internal circulation island that will have
a permeable pavement system for stormwater management. He explained that water will be collected and
directed to a stormwater management system at the south end of the project. Mr. Painter said all other
MDP issues have been addressed. Mr. Painter said they are requesting a waiver of the six-foot berm
because there is a considerable elevation difference between the roadway and the site.
Chairman Wilmot opened the public meeting and called for citizen comments. The
following persons came forward to speak:
Mr. John W. Foster, Jr. and his wife, Mrs. Peggy B. Foster, adjoining property owners,
came forward to speak in opposition to the proposed MDP. Mrs. Foster said their property backs up to
the Preston Place Apartments and she provided details on why it has been an extremely troubling
experience for her and her husband to have these apartments next to them since 2000. Mrs. Foster had a
considerable amount of documentation, and incident reports from the Sheriff’s Department, concerning
vandalism to her property. She reported various issues, such as numerous broken windows, rocks thrown
onto their property, damage to their vehicles, damage to their fence and other personal property,
trespassing, and litter. Mrs. Foster said they do not want any more apartments; she said nothing has been
done to help them with this situation. She said that Supervisors Shickle and Fisher have been to their
property, as well as various sheriff’s deputies. Mrs. Foster said she has telephoned Grady Management,
who manages the apartments; she has written letters; and she has met with County Administrator, John R.
Riley, Jr. Mrs. Foster said that no relief has been forthcoming with these problems.
Mr. Elwood H. Whitacre, Sr., adjoining property owner, said he may be interested in
selling his property, if there was a good offer.
Mr. Paul Anderson said he was one of four representatives on the Airport Authority
representing Frederick County. Mr. Anderson said a number of years ago, when Preston Place was
constructed, the Airport objected to it. He said they discovered the land was zoned RA (Rural Areas) and
the Airport had no recourse to stop the project. Consequently, an Airport Protection Zone was established
and the original zone followed the west bound side of Route 522 and the south bound side was Buffalo
Lick Run. He commented that only uses compatible with the airport were supposed to be allowed there.
Mr. Anderson noted that when Carpers Valley was rezoned, the size of the Airport Protection Zone was
reduced because Route 50 was on the north side. Mr. Anderson noted that a considerable amount of
money is being invested in the airport to meet the needs of this area; he said it is an important economic
tool for the community. Mr. Anderson cautioned about the appropriateness of placing residential uses
Frederick County Planning Commission Page 2854
Minutes of May 2, 2012
around the airport and how this could potentially destroy an airport. Mr. Anderson also noted that this
airport is an inter-national facility and it is growing, not because they are trying to bring in more aircraft,
but because this is a demanding business area. Mr. Anderson urged the Commission to closely scrutinize
what uses are established around the airport.
No one else wished to speak and Chairman Wilmot closed the public comment portion of
the meeting.
Although the Commission sympathized with Mr. and Mrs. Foster’s concerns, they
believed the issues expressed were a civil matter. Commission members believed the request met existing
ordinances and the State law, and they were in favor of the request.
Commissioner Manuel made a motion to recommend approval of a waiver of the six-foot
berm requirements associated with the road efficiency buffer along Route 522, due to the fact that the
subject site is approximately ten feet higher in elevation than Route 522. This motion was seconded by
Commissioner Ambrogi and unanimously passed.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval
of the waiver request for Master Development Plan #02-12 of Contrail Park Apartment Complex,
submitted by Painter-Lewis, P.L.C., to develop an apartment complex, consisting of three buildings with
12 units each, totaling 36 units, at 737 and 749 Front Royal Pike. This recommendation is for the
approval of a waiver of the six-foot berm requirement associated with the road efficiency buffer along
Route 522, due to the fact that the subject site is approximately ten feet higher in elevation than Route
522.
(Note: Commissioner Oates abstained; Commissioners Thomas and Madagan were absent from the
meeting.)
-------------
Subdivision Waiver Request of JIREH Enterprises, L.L.C., submitted by GreyWolfe, Inc., to create
a subdivision of 10.304+ acres and 6.422+ acres. This property is located on Jireh Lane, off of
Ebert Road (Rt. 837), about 800 feet east of Route 11 near Stephenson. The property is further
identified by P.I.N. 44-A-6B in the Stonewall Magisterial District.
Action – Recommended Approval
Commissioner Oates said he would abstain from all discussion and voting on this waiver
request due to a possible conflict of interest.
Zoning and Subdivision Administrator, Mark R. Cheran, reported this property is zoned
M2 (Industrial General) District and is operating as a self-storage business on Ebert Road. Mr. Cheran
said the subdivision ordinance requires land divisions within the M2 District, without an approved master
development plan (MDP), to be presented to the Board of Supervisors, via the Planning Commission, for
final approval. He noted the applicant has requested a waiver of the MDP and this can be granted by the
Planning Director, if the applicant meets certain criteria. Those six criteria were listed in the
Frederick County Planning Commission Page 2855
Minutes of May 2, 2012
Commission’s agenda packet. Mr. Cheran stated that this proposed subdivision met all the requirements
listed; therefore, the Planning Director granted a waiver of the MDP requirement for the applicant.
Mr. Tim Stowe came forward to represent the applicant and to answer questions from the
Planning Commission.
Chairman Wilmot opened the public meeting to citizen comments and called for anyone
who wished to speak. No one came forward and Chairman Wilmot closed the public comment portion of
the meeting.
No issues were raised by the Planning Commission.
Commissioner Crockett made a motion to recommend approval of the subdivision waiver
request. This motion was seconded by Commissioner Manuel and unanimously passed.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously
recommend approval of Subdivision Waiver Request of JIREH Enterprises, L.L.C., submitted by
GreyWolfe, Inc., to create a subdivision of 10.304+ acres and 6.422+ acres.
(Note: Commissioner Oates abstained; Commissioners Thomas and Madagan were absent from the
meeting.)
DISCUSSION
Discussion of a proposed ordinance amendment to the Frederick County Code, Chapter 165,
Zoning, Article IV, Agricultural and Residential Districts, Part 401, RA (Rural Areas) District,
Section 165-401.03, Conditional Uses, and Article I, General Provisions Amendments and
Conditional Use Permits, Part 101, General provisions, Section 165-101.02, Definitions and Word
Usage. If approved, these revisions would allow “Treatment Homes” as a conditional use in the RA
District.
No Action Required
Senior Planner, Candice E. Perkins, reported that the staff had received a request to
include, “Treatment Homes” as a conditional use in the RA (Rural Areas) Zoning District and to revise
the definition of “Adult Treatment Home.” Ms. Perkins stated that “Adult Treatment Homes” are
currently only permitted in the MS (Medical Support) District. Ms. Perkins said the proposed amendment
will: 1) revise the definition of “Adult Treatment Home” to “Treatment Home” and add the provision that
it is for all ages, and also includes drug treatment; 2) add “Treatment Home” as a conditional use in the
RA (Rural Areas) District; 3) Delete the definition of “Drug Treatment Home” because this use is being
incorporated into the definition of “Treatment Home;” and 4) revise the MS District to include the term,
“Treatment Home” and delete “Drug Treatment Home.”
Ms. Perkins stated this item was forwarded to the Development Review and Regulations
Committee (DRRC) via email on April 4, 2012, and supportive comments were received.
Commissioner Oates supported the amendment as presented.
Frederick County Planning Commission Page 2856
Minutes of May 2, 2012
Chairman Wilmot commented that the definition reads, “a residential facility for persons
of all ages.” However, Chairman Wilmot remarked that this is really a treatment center for adults and/or
juveniles. Chairman Wilmot asked if this assumption was correct and Ms. Perkins replied, yes.
No other issues or concerns were raised by the Planning Commission. Ms. Perkins said
she would forward the proposed amendment to the Board of Supervisors for their discussion.
-------------
REMINDER OF MAY 10, 2012 WORK SESSION WITH BOARD OF SUPERVISORS
Chairman Wilmot reminded the Commission members about a work session scheduled
with the Board of Supervisors on May 10, 2012, at 12:00 noon, in the Board of Supervisors meeting
room.
-------------
ADJOURNMENT
No further business remained to be discussed and upon motion by Commissioner Oates
and second by Commissioner Ambrogi, the meeting adjourned at 8:30 p.m. by a unanimous vote.
Respectfully submitted,
_______________________________________
June M. Wilmot, Chairman
_______________________________________
Eric R. Lawrence, Secretary
CONDITIONAL USE PERMIT #03-12
JAMES W. FRYE
Staff Report for the Planning Commission
Prepared: May 15, 2012
Staff Contact: Dana M. Johnston, Zoning Inspector
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed
Planning Commission: 06/06/12 Pending
Action
Board of Supervisors: 07/27/12 Pending
EXECUTIVE SUMMARY:
This is a request for a Kennel.
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
1. All review agency comments shall be complied with at all times.
2. No more than thirty (30) dogs and puppies allowed on property at any given time.
3. This Conditional Use Permit (CUP) is to allow breeding only. Boarding of dogs will not
be permitted on property.
4. All dogs shall be controlled so as not to create a nuisance to any adjoining properties by
roaming free or barking.
5. All dogs must be confined indoors by 9:00 p.m. and not to be let outdoors prior to 8:00
a.m.
6. A six foot board-on-board fence must be constructed along all adjoining properties.
7. No signage allowed with this use.
8. Any expansion or modification of this use will require an approval of new Conditional
Use Permit.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
Page 2
CUP #03-12, James W. Frye
May 15, 2012
LOCATION
: The property is located at 323 Hunting Ridge Road (Route 608).
MAGISTERIAL DISTRICT
: Gainesboro
PROPERTY ID NUMBER
: 30-A-98A
PROPERTY ZONING & PRESENT USE
:
Zoned: RA (Rural Areas) Land Use: Residential
ADJOINING PROPERTY ZONING & USE
:
North: RA (Rural Areas) Land Use: Residential
South: RA (Rural Areas) Land Use: Residential
East: RA (Rural Areas) Land Use: Residential
West: RA (Rural Areas) Land Use: Tree Farm
PROPOSED USE
: Indoor Breeding Kennel
REVIEW EVALUATIONS
:
Virginia Department of Transportation:
The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 608, the VDOT facility which would
provide access to the property. Your existing entrance is adequate for the proposed use with the
following condition: All parking must be off VBDOT right-of-way. Should use ever expand in
the future, the entrance may have to be upgraded to VDOT commercial standards.
Frederick County Fire and Rescue:
Plans approved.
Frederick County Fire Marshall:
Plans approved.
Frederick County Inspections: Change of use permit is required under 103.3 of the Virginia
Construction Code 2009 due to increase ventilation requirements for Indoor Breeding Kennel.
The areas of the existing structure that are utilized shall comply with the International
Mechanical Code
for air change, etc. Please submit a floor plan of any areas at the time of
permit application. Inspection approval and certificate of occupancy is required prior to using
structures. Other code that applies is CABO A117.1-92 Accessible and Usable Buildings and
Facilities.
Page 3
CUP #03-12, James W. Frye
May 15, 2012
Frederick-Winchester Health Department: Applicant may not dispose of canine waste via the
septic system. Health Department has no objections to the request.
Planning and Zoning:
This application is the result of a zoning violation on the property. This proposed Conditional
Use Permit (CUP) is to allow for breeding of bulldogs. This use will be conducted within the
applicant’s home. With the number of female-owned dogs, and given the average of potential
litters of each female, the applicant feels that there should be no more than thirty (30) dogs and
puppies on the property at any given time.
Kennels are a permitted use in the RA (Rural Areas) Zoning District with
an approved Conditional Use Permit (CUP). The Frederick County Zoning Ordinance Section
165-401.03 defines kennel: As a place prepared to house, board, breed, handle or otherwise keep
or care for dogs for sale or in return for compensation. This proposed use will take place on a
0.64 acre parcel located in the RA (Rural Areas) Zoning District.
The surrounding properties are all zoned RA. The dwelling to the north of the property is
approximately 165 feet away and the dwelling to the south of the property is approximately 125
feet away. The applicant must construct a six (6) foot board-on-board fence on all sides of the
property with the intent to help screen from adjoining property owners. In addition, there will be
a 35’x 127’ dog run on the south part of property. All dogs are primarily kept indoors, with the
exception of when they are walked or exercised.
STAFF CONCLUSIONS FOR THE 06/02/12 PLANNING COMMISSION MEETING
:
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
1. All review agency comments shall be complied with at all times.
2. No more than thirty (30) dogs and puppies allowed on property at any given time.
3. This Conditional Use Permit (CUP) is to allow breeding only. Boarding of dogs will not
be permitted on property.
4. All dogs shall be controlled so as not to create a nuisance to any adjoining properties by
roaming free or barking.
5. All dogs must be confined indoors by 9:00 p.m. and not to be let outdoors prior to 8:00
a.m.
6. A six foot board-on-board fence must be constructed along all adjoining properties.
7. No signage allowed with this use.
Page 4
CUP #03-12, James W. Frye
May 15, 2012
8. Any expansion or modification of this use will require an approval of new Conditional
Use Permit.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
ST608
HUN
T
I
N
G
R
I
D
G
E
R
D
30 A 106
30 A 98C
30 A 107
30 A 98E
30 A 98
30 A 108
30 4 3
30 A 98A
30 4 2
30 A 110
30 A 111
CUP0312
875
900
925
9
2
5
95
0
95
0
Applications
Parcels
Building Footprints
Index Contours (25ft)
Intermediate Contours (5ft)
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: May 09, 2012Staff: djohnston
N F
R
E
D
E
R
I
C
K
P
I
K
E
HUN
T
I
N
G
R
I
D
G
E
R
D
N FREDERICK PIKE
CUP # 03 - 12James FryePINs:30 - A - 98AKennel
CUP # 03 - 12James FryePINs:30 - A - 98AKennel
0 100 20050 Feet
ST608
HUN
T
I
N
G
R
I
D
G
E
R
D
30 A 106
30 A 98C
30 A 107
30 A 98E
30 A 98
30 A 108
30 4 3
30 A 98A
30 4 2
30 A 110
30 A 111
CUP0312
Applications
Parcels
Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: May 09, 2012Staff: djohnston
N F
R
E
D
E
R
I
C
K
P
I
K
E
HUN
T
I
N
G
R
I
D
G
E
R
D
N FREDERICK PIKE
CUP # 03 - 12James FryePINs:30 - A - 98AKennel
CUP # 03 - 12James FryePINs:30 - A - 98AKennel
0 100 20050 Feet
c
ATTACHMENT 1
PC Discussed 5/2/2012
BOS Discussion 5/23/2012
PC Public Hearing 6/6/2012
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:
MM. Treatment Home.
ARTICLE V
PLANNED DEVELOPMENT DISTRICTS
Part 504 – MS Medical Support District
§ 165-504.02 Permitted uses.
B. Structures are to be erected or land used for one or more of the identified uses. The permitted uses
are identified by Standard Industrial Classification. All uses described by Standard Industrial
Classification are allowed only if the major group, industry group number, or industry number
general group titles are used.
(5) Related residential uses to support hospitals, medical centers, medical offices, clinics and schools of
medicine:
Allowed Uses
Adult Treatment Home (As defined)
Drug treatment home (As defined)
ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS
§ 165-101.02 Definitions & word usage.
ADULT TREATMENT HOME - A residential facility for persons of all ages recovering from alcohol and/or
drug addiction
DRUG TREATMENT HOME
abuse where supervision, rehabilitation and counseling are provided to the residents.
- A residential facility for persons recovering from drug or controlled
substance abuse where supervision, rehabilitation and counseling are provided to the residents.
D
Frederick County Planning Commission
RE: RP District
May 22, 2012
Page 2
Proposed Changes to Part 402 - Residential Performance (RP) Zoning District
(Dimensional Requirements for Housing Types)
• Addition of minimum setbacks for unroofed decks, stoops, landings, and similar
features for all housing types.
•
Staff has seen a number of residential structures that are
constructed to the edge of building restriction lines (the structure takes up the entire
building envelope) and this precludes the construction of a deck or other similar feature.
This additional setback would allow additional area for the construction of these features.
New Format for the Dimensional Requirement for Housing Types.
•
The dimensional
requirements are proposed to be shown in a constant table format that is easier to read
than the numbered lists currently shown.
o
Revisions to the requirements for single family detached cluster and small lot
housing types:
Single Family Detached Cluster Changes
o
– Elimination of the additional open
space requirement for this housing type due to the fact that this housing type
already has a higher open space requirement (25% minimum). Reduced front,
side and rear setbacks are also proposed.
Single Family Small Lot
•
– Addition of a reduced front setback for this housing
type when utilizing an alley.
Elimination of Housing Types.
•
Proposed elimination of the atrium house, duplex and
weak-link townhouse housing types. Atrium house and weak-link have never been
utilized since they were originally added to the Zoning Ordinance, and the duplex option
is repetitive because it can be accomplished under the single family small lot housing
type.
o Addition of a back-to-back townhouse option under the townhouse housing type.
Revisions to the requirements for townhouses:
o New minimum lot area.
o Addition of a side and rear setback and elimination of the perimeter setbacks.
o Different setbacks for units with or without garages.
o Increase in the maximum building height from 35 feet to 40 feet.
•
o New description of the housing type. Elimination that the structure share a
common outside access to allow for the construction of a stacked flat type unit.
Revisions to the requirements for garden apartments:
o Revised building spacing requirements.
o Increased building height – 40 feet to 55 feet to allow for the construction of a
maximum of four stories.
• Addition of a multifamily residential building.
Proposed new multifamily (apartment)
housing type that would only be permitted within areas designated by the Comprehensive
Plan as neighborhood villages, urban centers or other areas planned for high density
residential.
Proposed Changes to Part 203 - Buffers and Landscaping
• Types of landscaping
. Revisions to include new plant types, removal of certain plants
and/or elimination of plants for specific landscaping uses.
Frederick County Planning Commission
RE: RP District
May 22, 2012
Page 3
• Planting Procedure.
•
Provisions for the planting procedures and requirements for
landscaping.
Residential Separation Buffers
•
. Complete revision to the required separation buffers
between various housing types. This revision includes the elimination of internal
separation buffers (for different housing types contained within the same development) as
well as revisions to simplify the requirements and make them easier to understand by
putting them in a table format.
Road Efficiency Buffers.
Revisions to the road efficiency buffer requirements to show
the same buffer requirements that are required throughout the ordinance (full screen,
landscape screen). There is also a proposed addition to allow existing vegetation to be
utilized for road efficiency buffers.
Proposed Changes to Part 101 and 201 – Definitions and Supplemental Use Regulations
• Definition of Building Height
•
. Revised definition that is more consistent with how staff
currently measures the height of a building.
Definition of Multifamily Dwelling.
•
Revised definition for dwelling, multifamily.
Setback Requirements.
Revision to the extensions into setback yards to remove
balconies, porches, stoops and decks as an extension because these were added into the
individual housing types (setbacks for unroofed decks, stoops, landings, and similar
features). Removal of weak-link townhouses from this provision.
These changes were presented to the Development Review and Regulations Committee (DRRC)
at their meetings on January 26, 2012 and March 22, 2012. The DRRC recommended a number
of changes that have been incorporated into the proposed revision. With those changes, the
DRRC recommended that this item be forwarded to the Planning Commission and Board of
Supervisors for further review. These items were then presented to the Planning Commission
and the Board of Supervisors at a joint work session on May 10, 2012. At the work session, the
reasoning behind the proposed changes was discussed; however the content was not and the
Board of Supervisors directed staff to take the amendments to the Planning Commission for
further discussion.
This item is presented for discussion. Comments and suggestions from the Planning
Commission will be forwarded to the Board of Supervisors.
Attachments: 1. Clean version of Part 402 with the proposed changes (for clarity only
the proposed changes have been shown in bold underlined italics –
deletions have not been shown).
2. Definitions and Supplementary Use Regulations
Please refer to your May 10th Work
Session Agenda Package for the attachment that shows all deletions
and additions or contact staff if you would like another copy.
CEP/bhd
Part 402 – RP District Proposed Changes
Item #1, Page 1
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 plan
identifies basic land use characteristics which are to be encouraged:
(1) Efficient land use patterns
(2)
that create high quality neighborhoods that are attractive and pedestrian
oriented.
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 adopted 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 development percentages and densities for all housing
types are identified. The preliminary master development plan shall specify the amount and percentages of all
proposed housing types. The preliminary master development plan requires specific approval of the Planning
Commission and the Board of Supervisors.
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
Part 402 – RP District Proposed Changes
Item #1, Page 2
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 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.
Part 402 – RP District Proposed Changes
Item #1, Page 3
§ 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.
§ 165-402.04 Number of uses restricted.
G. Museums
More than one principal structure or use and its customary accessory structures or uses are permitted in the RP
Residential Performance District for duplexes, multiplexes, garden apartments, multifamily residential buildings
§ 165-402.05 Gross density
and age-restricted multifamily housing.
A gross density shall be established for each proposed development, including all land contained within a single
master development plan, according to the characteristics of the land, the capacity of public facilities and roads
and the nature of surrounding uses. Because of these characteristics, some developments may not be allowed to
employ the maximum density allowed by these regulations. The following density requirements shall apply to all
parcels as they exist at the time of the adoption of this section:
and Multifamily Housing.
A. Subsequent divisions of land shall not increase the allowed density on parcels of land.
B. In no case shall the gross density and maximum percentage of multifamily housing of any development within
an approved master development plan exceed the densities and percentages set forth in the following table:
Part 402 – RP District Proposed Changes
Item #1, Page 4
Density by Land Use Density (Units/Acre) Maximum Percentage of
Multifamily Housing
Multifamily Residential Buildings and Age
Restricted Multifamily (excluding garden
apartments)
20 Units/Acre 100%
Garden Apartments 10 Units/Acre 100%
Townhouse (single family attached) 10 Units/Acre N/A
Density by Parcel Size
(for all other housing types and
development with mixed housing types)
Density (Units/Acre) Maximum Percentage of
Multifamily Housing
0-10 acres 10 Units/Acre 100%
10.1-25 acres 100% 6 Units/Acre
25.1 -50 acres 60% 6 Units/Acre 75%
50.1 + acres 50% 6 Units/Acre
C. Within developments utilizing Transferable Development Rights, the maximum gross residential density for
the development shall be determined in §165-302.03H.
§ 165-402.06 Phased development. (***Relocated from § 165-402.10)
A. The developer/subdivider is permitted to construct the subdivision in phases or sections as long as:
(1) All sections are indicated on the master development plan and are of a size and at such a location that they
constitute economically sound increments of development.
(2) Common recreational facilities and improvements and other improvements indicated for any phase section
are required to be started not later than when that section reaches fifty-percent occupancy and are
required to be complete by the time that section reaches sixty-percent occupancy.
(3) Provisions shall be made to incorporate all phases or sections of the planned development under one
homeowners' association/corporation.
B. In order to provide sufficient, safe access, the Planning Commission and the Board of Supervisors may require
that the phases be arranged so that essential street entrances to the development are provided in the initial
phases of the development.
§ 165-402.07 Open space requirements.
A. A minimum percentage of the gross area of any proposed development shall be designated as common open
space. This open space shall be for purposes of environmental protection and for the common use of residents
of the development. Such open space shall be dedicated to a property owners association or to Frederick
County. Open space shall only be dedicated to Frederick County only with the approval of the Board of
Supervisors. The Board of Supervisors may allow public libraries and public schools to be located within areas
designated as common open space, provided that the proposed facilities are indicated on the original master
development plan for the residential development. During the review of the master development plan, the
Board of Supervisors shall ensure that the location of a proposed public library or public school is appropriate
Part 402 – RP District Proposed Changes
Item #1, Page 5
and that adequate buffers, screening and access are provided to prevent negative impacts to adjoining
residential uses. Public libraries and public schools shall be dedicated to Frederick County. Developments which
contain any of the following housing types shall provide open space as specified below:
B. No more than 50% of the required open space shall be within the following environmental areas: lakes and
ponds, floodplain, wetlands or steep slopes. The Administrator, upon recommendation by the Planning
Commission, may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a
viable plan to make these areas useful.
C. In developments containing only single-family detached urban housing or single-family detached urban housing
mixed with single-family detached traditional housing, the required open space may be waived by the Board of
Supervisors if the required open space is less than one acre. Such waiver shall not include open space provided
to meet environmental requirements.
D. The minimum required open space percentages provided in § 165-402.07A of this chapter may be reduced for
residential developments which provide for active recreational areas and amenities, upon the granting of an
open space waiver issued by the Board of Supervisors. In no case shall the required open space (per § 165-
402.07A) be reduced more than 75% for single-family detached housing types (excluding single family small lot),
Type of Development Minimum Required Open
Space (percent)
Developments containing only single-family rural traditional 0 housing
Developments containing only single-family traditional or 15% detached urban housing
Developments in which no less than 60% of the dwellings are single-family detached
traditional housing mixed with any other housing types
20%
Developments containing only single-family detached cluster or a mixture of single-
family detached cluster and urban housing
25%
Single-family small lot housing 30%
All other residential 30% developments
Non Residential Uses (minimum landscaped area) 15%
Part 402 – RP District Proposed Changes
Item #1, Page 6
and no more than 50% 25% for all other residential housing types and mixtures. Active recreational areas and
amenities shall be incorporated within the development's common open space and be for the use of and
maintained by the subject development's property owner's association. The active recreational area and
amenity value shall be equivalent to the value of one recreational unit for each 30 dwelling units. The active
recreational area and amenity value and design shall be approved by the Zoning Administrator in conjunction
with the Director of Parks and Recreation. These open space active recreational areas and amenities shall be in
addition to the minimum
recreational facilities identified in § 165-402.08. The gross density requirements as
required in §§ 165-402.05 and 165-402.06 shall not be exceeded through the reduction of common open space.
Requests for an open space reduction waiver would be considered by the Board of Supervisors during the
master development plan process. Acceptance of the reduced open space request will be based on the quality
of the open space and the recreational amenities provided.
§ 165-402.08 Recreation facilities.
A. Single-family small lot, Multiplex, Townhouse, Back-to-back Townhouse, Garden Apartment and Multifamily
Building housing 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 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.
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.
Part 402 – RP District Proposed Changes
Item #1, Page 7
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 multi-purpose 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.
§ 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.
Part 402 – RP District Proposed Changes
Item #1, Page 8
A. Single-family detached rural traditional. This dwelling type consists of a fully detached, large-lot single-
family residence on an individual lot with private yards on all four sides, without public sewer and water.
Dimensional requirements shall be as follows:
A. Lot Dimensions
A1 Minimum lot area 100,000 square feet
A2 Minimum lot depth to width ratio 1:3
B. Building Setbacks
B1 From road right-of-way 60 feet
B2 Side 15 feet
B3 Rear 50 feet
C. Setbacks for unroofed decks, stoops, landings and similar features
C1 Front from road right-of-way 50 feet
C2 Side 10 feet
C3 Rear 35 feet
D. Minimum Parking
D1 Required off street parking 2 per unit
E. Height
E1 Principal Building (max) 35 feet
E2 Accessory Building (max) 20 feet
B. Single-family detached traditional. This dwelling type consists of a fully detached, large-lot single-family
residence with private yards on all four sides without required common open space. Dimensional
requirements shall be as follows:
A. Lot Dimensions
A1 Minimum lot area 15,000 square feet
A2 Minimum lot width at setback 80 feet
B. Building Setbacks
B1 From road right-of-way 35 feet
B2 Side 10 feet
B3 Rear 25 feet
C. Setbacks for unroofed decks, stoops, landings and similar features
C1 Front from road right-of-way 25 feet
C2 Side 5 feet
C3 Rear 15 feet
D. Minimum Parking
D1 Required off street parking 2 per unit
E. Height
E1 Principal Building (max) 35 feet
E2 Accessory Building (max) 20 feet
Part 402 – RP District Proposed Changes
Item #1, Page 9
C. Single-family detached urban. This dwelling type consists of a fully detached, single-family residence on an
individual lot with private yards on all four sides. Dimensional requirements shall be as follows:
A. Lot Dimensions
A1 Minimum lot area 12,000 square feet
A2 Minimum lot width at setback 70 feet
A3 Minimum lot width at road right-of-
way
40 feet
B. Building Setbacks
B1 From road right-of-way 35 feet
B2 Side 10 feet
B3 Rear 25 feet
C. Setbacks for unroofed decks, stoops, landings and similar features
C1 Front from road right-of-way 25 feet
C2 Side 5 feet
C3 Rear 15 feet
D. Minimum Parking
D1 Required off street parking 2 per unit
E. Height
E1 Principal Building (max) 35 feet
E2 Accessory Building (max) 20 feet
D. Single-family detached cluster. This dwelling type consists of a fully detached, single-family residence on an
individual lot, with private yards on all four sides. Dimensional requirements shall be as follows:
A. Lot Dimensions
A1 Minimum lot area 8,000 square feet
A2 Minimum lot width at setback 60 feet
A3 Minimum lot width at road right-of-
way
30 feet
B. Building Setbacks
B1 From road right-of-way 25 feet
B2 Side 8 feet
B3 Rear 20 feet
C. Setbacks for unroofed decks, stoops, landings and similar features
C1 Front from road right-of-way 15 feet
C2 Side 5 feet
C3 Rear 10 feet
D. Minimum Parking
D1 Required off street parking 2 per unit
E. Height
E1 Principal Building (max) 35 feet
E2 Accessory Building (max) 20 feet
Part 402 – RP District Proposed Changes
Item #1, Page 10
E. Single- family detached zero lot line. This dwelling type consists of a fully detached, single-family residence
on an individual lot. The building is set on one of the side property lines, with a maintenance easement on
the adjoining lot. Dimensional requirements shall be as follows:
A. Lot Dimensions
A1 Minimum lot area 6,000 square feet
B. Building Setbacks
B1 From road right-of-way 25 feet
B2 Minimum on-site building spacing (side) 25 feet
B3 Rear 25 feet
C. Setbacks for unroofed decks, stoops, landings and similar features
C1 Front from road right-of-way 15 feet
C2 Side 20 feet
C3 Rear 15 feet
D. Minimum Parking
D1 Required off street parking 2 per unit
E. Height
E1 Principal Building (max) 35 feet
E2 Accessory Building (max) 20 feet
F. Supplemental Regulations
F1 A maintenance easement of 10 feet in width must be obtained on the lot adjacent to the zero lot
line side.
F2 The opposite side yard must be maintained clear of any obstructions other than a three-foot
eaves encroachment, swimming pools, normal landscaping, removable patio covers extending no
more than five feet or garden walls or fences.
F3 The zero lot line side must not be adjacent to a road right-of-way.
In no case shall any encroachment other than a fence
be placed within the required maintenance easement.
Part 402 – RP District Proposed Changes
Item #1, Page 11
F. Single-family small lot. This dwelling type consists of a single-family detached or attached residence on an
individual lot. No more than two units may be attached together. Dimensional requirements shall be as
follows:
A. Lot Dimensions
A1 Minimum Lot Area 3,750 square feet
B. Building Setbacks
B1 From public or private road
right-of-way
25 feet
B2 The front setback may be reduced to 15 feet provided that the residential unit utilizes a rear
alley for access and there are no driveways on the private or public road fronting the residential
unit.
B3 Side Detached Option - 5 feet Attached Option – 10 feet
B4 Rear 15 feet
B5 Minimum building spacing Attached Option – 20 feet
C. Setbacks for unroofed decks, stoops, landings and similar features
C1 Front from private/public road 15 feet *Rear alley option – 10’
C2 Side (end unit) 5 feet
C3 Rear 10 feet
C4 Rear (from open space) 5 feet
D. Minimum Parking
D1 Required off street parking 2 per unit
E. Height
E1 Principal Building (max) 35 feet
E2 Accessory Building (max) 20 feet
F. Supplemental Regulations
F1. A minimum of 20 landscape plantings shall be provided on each individual lot. At least 1/4 of
the landscape plantings shall be trees, with the remainder being shrubs. The trees shall be a
minimum of two inches in caliper at time of planting, and the shrubs shall be a minimum three.
F2. Detached accessory structures may not exceed 150 square feet.
Part 402 – RP District Proposed Changes
Item #1, Page 12
G. Multiplex. A "multiplex" is an attached residence containing three to four dwelling units. Units may or may
not have independent outside access. Units within multiplex structures may be arranged side to side, back to
back or vertically. Dimensional requirements shall be as follows:
A. Lot Dimensions
A1 Minimum lot area per unit 3,000 square feet
A2 Maximum site impervious surface
ratio
.50
B. Building Setbacks
B1 From road right-of-way 35 feet
B2 From parking areas or driveways 20 feet
B3 Side 15 feet from perimeter boundary
B4 Rear 25 feet from perimeter boundary
C. Setbacks for unroofed decks, stoops, landings and similar features
C1 Front from road right-of-way 25 feet
C2 Front from parking areas or
driveways
15 feet
C3 Side 10 feet
C4 Rear 15 feet
D. Minimum Parking
D1 Required off street parking 2 per unit
E. Height
E1 Principal Building (max) 35 feet
E2 Accessory Building (max) 20 feet
Part 402 – RP District Proposed Changes
Item #1, Page 13
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
(8) dwelling units in a group. Back-to-back townhouses shall contain no more than sixteen (16) dwelling
units in a group. Dimensional requirements shall be as follows:
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 lot 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 per unit
E. Height
E1 Principal Building (max) 40 feet
E2 Accessory Building (max) 20 feet
Part 402 – RP District Proposed Changes
Item #1, Page 14
I Garden apartments. This housing type consists of buildings that contain multiple dwelling units that share a
common yard area. The entire dwelling unit does not necessarily have to be on the same floor. Garden
apartments shall be at least two stories high but no more than four stories and shall contain six (6) or more
units in a single structure, not to exceed 16 units within a single structure. Dimensional requirements shall
be as follows:
A. Lot Dimensions
A1 Maximum site impervious surface ratio .60
B. Building Setbacks
B1 From public road right-of-way 35 feet
B2 From private road right-of-way, off street
parking lot or driveway
20 feet
B3 Side (perimeter) 20 feet
B4 Rear (perimeter) 25 feet
B5 Rear for balconies and decks 20 feet
B6 Minimum on-site building spacing: Buildings placed side to side shall have a minimum distance
of twenty (20) feet between buildings; buildings placed side to back shall have a minimum distance
of thirty-five (35) feet between buildings. Buildings back to back shall have a minimum distance of
fifty (50) feet between buildings.
C. Minimum Parking
C1 Required off street parking 2 per unit
D. Height
D1 Principal Building (max): 55 feet
D2 Accessory Building (max) 20 feet
Part 402 – RP District Proposed Changes
Item #1, Page 15
J. Multifamily residential buildings. This housing type consists of multifamily buildings with a minimum of four
dwelling unit entrances sharing an internal corridor per floor. The entire dwelling unit does not necessarily
have to be on the same floor. External corridors are not permitted. Multifamily residential building shall only
be located in areas designated in the Comprehensive Plan as neighborhood villages, urban centers or other
areas planned for high density residential. Dimensional requirements shall be as follows:
A. Lot Dimensions
A1 Maximum site impervious surface ratio .60
B. Building Setbacks
B1 From public road right-of-way 35 feet
B2 From off street parking lot or driveway 20 feet
B3 Side (perimeter) 50 feet
B4 Rear (perimeter) 50 feet
B5 Rear for balconies and decks 20 feet
B6 Minimum on-site building spacing: Minimum on-site building spacing. Buildings placed side to
side shall have a minimum distance of 20 feet between buildings; buildings placed side to back
shall have a minimum distance of 35 feet between buildings. Buildings back to back shall have a
minimum distance of 50 feet between buildings.
C. Minimum Parking
C1 Required off street parking 2 per unit
D. Height
D1 Principal Building (max): 60 feet provided that a multifamily residential building may be
erected to a maximum of 80 feet if it is set back from road right-of-ways and from lit lines in
addition to each of the required minimum yard dimensions, a distance of not less than one foot for
each one foot of height that it exceeds the 60 foot limit.
D2 Accessory Building (max) 20 feet
Part 402 – RP District Proposed Changes
Item #1, Page 16
K. Age-restricted multifamily housing. "Age-restricted multifamily housing" is multifamily buildings where
individual dwelling units share a common outside access. They also share a common yard area, which is the sum
of the required lot areas of all dwelling units within the building. Age-restricted multifamily housing shall only be
permitted within proffered age-restricted developments. Elevator service shall be provided to each floor of age-
restricted multifamily housing structures for use by residents and guests. Dimensional requirements shall be as
follows:
A. Lot Dimensions
A1 Minimum lot area 3 acres
A2 Maximum site impervious surface ratio .60
A3 Maximum number of units per building 110
B. Building Setbacks
B1 From road right-of-way 60 feet
B2 From off street parking lot or driveway 5 feet
B3 Side (perimeter): 100 feet from the perimeter boundary. An additional two feet from the
perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet
when the adjacent use is single-family residences.
B4 Rear (perimeter): 100 feet from the perimeter boundary. An additional two feet from the
perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet
when the adjacent use is single-family residences.
B5 Rear for balconies and decks May extend 10 feet into a perimeter setback
B6 Minimum on-site building spacing: Buildings placed side to side shall have a minimum distance
of twenty (20) feet between buildings; buildings placed side to back shall have a minimum distance
of thirty-five (35) feet between buildings. Buildings back to back shall have a minimum distance of
fifty (50) feet between buildings.
C. Minimum Parking
C1 Required off street parking 1.5 per unit
D. Height
D1 Principal Building (max): The maximum structure height for any principal building shall be 40
feet. The Board of Supervisors may waive the forty-foot height limitation, provided that it will not
negatively impact adjacent residential uses. In no case shall any principal building exceed 60 feet in
height.
D2 Accessory Building (max) 20 feet
L. Height for other uses. The height for all other uses not otherwise specified shall not exceed 45 feet.
M. Setbacks for accessory structures. Accessory structures shall be set back from all property lines a minimum of
five feet, except for uses with a required enclosed yard.
N. Setbacks for other uses. The following setbacks shall apply to uses not otherwise specified:
(1) Front setback shall be 35 feet.
(2) Side setbacks shall be 15 feet.
Part 402 – RP District Proposed Changes
Item #1, Page 17
(3) Rear setback shall be 50 feet.
O. Setbacks from business and industrial uses. All proposed structures shall be set back 50 feet from the boundary
of land zoned for business or industrial uses or land currently containing business or industrial uses.
P. Pipestem lots. The use of pipestem lots is permitted for single-family detached traditional, single-family
detached urban and single-family detached cluster lot types, if all of the following design requirements are met:
(1) The total number of pipestem lots in a residential development may not exceed 5% of the total number of
lots.
(2) Pipestem lots shall have a minimum road frontage of 20 feet.
(3) Pipestem lot driveways shall access only one lot.
(4) Minimum yards shall be as follows:
(a) Front, side and rear yards: 20 feet.
(b) Accessory buildings: 20 feet.
(c) Side yard of lots adjoining pipestem driveway yard: 15 feet.
(5) Pipestem lot driveways shall not adjoin other pipestem driveways.
(6) Unless specified differently above, pipestem lots shall comply with all other regulations of the Frederick
County Zoning and Subdivision Ordinances.
Part 203 – Buffer and Landscaping Proposed Changes
Item #1, Page 18
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING,
BUFFERS, AND REGULATIONS FOR SPECIFIC USES
Part 203 – Buffers and Landscaping
§ 165-203.01 Landscaping requirements.
The requirements of this section are intended to enhance the appearance, environment, and general
welfare of Frederick County by providing minimum landscaping standards and encouraging tree
preservation for developments. The provisions of this section shall apply to all site plan and
subdivision design plan applications, including the revision or expansion of any site or development.
Note: Subsection “A” is unchanged.
B. Plant selection, planting procedure, and maintenance.
(1) Plant selection. Based on the type of landscaping, required trees and shrubs shall be selected
from the table list of acceptable trees and shrubs shown below:
Types of Landscaping
Street tree landscaping (street) Ornamental landscaping (ornamental) Tree preservation landscaping
(canopy) Interior and perimeter landscaping (shade), Buffer screening and parking lot screening (screen),
Deciduous buffer element (street, canopy, shade), buffer shrub element (shrub or screen)
Acceptable Trees and Shrubs
Common Name Scientific Name Types of Landscaping Permitted
Amur Maple Acer ginnala Street, shade, canopy, ornamental
European Hornbeam Carpinus betulus Street, shade, canopy, ornamental
Hop Hornbeam Ostrya virginiana Street, shade, canopy, ornamental
Katsura Tree Cercidiphyllum japonicum Street, shade, canopy, ornamental
Ginkgo (male) Ginkgo biloba Street, shade, canopy, ornamental
Thornless Honey Locust Gleditsia triacanthos inermis Street, shade, canopy, ornamental
Golden-Rain Tree Koelreuteria paniculata Street, shade, canopy, ornamental
Flowering Crabapple Malus Street, shade, canopy, ornamental (disease resistant varieties)
Part 203 – Buffer and Landscaping Proposed Changes
Item #1, Page 19
Chinese Pistache Pistacia chinensis Street, shade, canopy, ornamental
Linden Tilia (all varities) Street, shade, canopy, ornamental
Lacebark Elm Ulmus parvifolia Street, shade, canopy, ornamental
Japanese Zelkova Zelkova serrata Street, shade, canopy, ornamental
Red Oak Quercus rubra Street, shade, canopy, ornamental
White Oak Quercus alba Street, shade, canopy, ornamental
Scarlet Oak Quercus coccinea Street, shade, canopy, ornamental
Sawtooth Oak Quercus acutissima Street, shade, canopy, ornamental
Kentucky Coffeetree Gymnocladus diocus Street, shade, canopy, ornamental
Dawn Redwood Metasequoia glyptostroboides Street, shade, canopy
Swamp Chestnut Oak Quercus michauxii Street, shade, canopy
Willow Oak Quercus phellos Shade, canopy, ornamental
Bald Cypress Taxodium distichum Street, shade, canopy
Red Maple Acer rubrum Shade, canopy, ornamental
Freeman Maple Acer freemanii Shade, canopy, ornamental
Sugar Maple Acer saccharum Shade, canopy, ornamental
Paperbark Maple Acer griseum Shade, canopy, ornamental
American Sycamore Platanus occidentallis Shade, canopy, ornamental
London Plane Tree Platanus acerifolia Shade, canopy, ornamental
Sweetgum Liquidambar styraciflua Shade, canopy, ornamental
Copper Beech Shade, canopy, ornamental Fagus sylvatica 'Riversii'
Weeping Beech Fagus pendula Shade, canopy, ornamental
European Beech Fagus sylvatica Shade, canopy, ornamental
River Birch Betula nigra Shade, canopy, ornamental
Part 203 – Buffer and Landscaping Proposed Changes
Item #1, Page 20
Star Magnolia Magnolia stellata Shade, canopy, ornamental
Saucer Magnolia Magnolia x soulangiana Shade, canopy, ornamental
Black Gum Nyssa sylvatica Shade, canopy, ornamental
Yellowwood Cladrastis kentukea Shade, canopy, ornamental
Downy Serviceberry Amelanchier arborea Shade, canopy, ornamental
Hawthorn Crataegus plaenopyrum, Crataegus
viridis
Shade, canopy, ornamental
Sourwood Oxydendrum arboreum Shade, canopy, ornamental
Tuliptree Liriodendron tulipifera Shade, canopy, ornamental
Paw Paw Asimina triloba Shade, canopy, ornamental
Dogwood Cornus florida, Cornus kousa, Cornus
hybrid
Shade, ornamental
Flowering Cherry Prunus (all varieties of Flowering Cherry)Shade, ornamental
Cornelian Cherry Cornus mas Shade, ornamental
Eastern Redbud Cercis canadensis Shade, ornamental
American Plum Prunus americana Shade, ornamental
Japanese Maple Acer palmatum Shade, ornamental
Douglas Fir Pseudotsuga menziesii Screen, ornamental
White Fir Abies concolor Screen, ornamental
Spruce Picea (all varieties) Screen, ornamental
Japanese Umbrella Pine Sciadopitys verticillata Screen, ornamental
Hinoki False Cypress Chamaecyparis obtusa Screen, ornamental
White Pine Pinus strobus Screen, canopy
Western Arborvitae Thuja plicata Screen, ornamental
Eastern Arborvitae Thuja occidentalis (all varieties) Screen, ornamental
Part 203 – Buffer and Landscaping Proposed Changes
Item #1, Page 21
Leyland Cypress Cupressocyparis x leylandi Screen, ornamental
Japanese Cedar Cryptomeria japonica Screen, ornamental
Viburnum (Evergreen) (all evergreen/semi-evergreen
varieties)
Screen, ornamental, shrub
Yew Taxus Screen, ornamental, shrub (all varieties)
Holly Ilex Screen, ornamental, (all varieties) shrub
Common Buxus sempervirens Boxwood Screen, ornamental, shrub
Juniper Juniperus (all varieties) Screen, ornamental, shrub
Abelia (All varieties) Screen, ornamental, shrub
Witchhazel Hamamelis vernalis Ornamental, shrub
White Fringetree Chionanthus virginicus Ornamental, shrub
Slender Deutzia Deutzia gracilis Ornamental, shrub
Althea Hibiscus syriacus Ornamental, shrub
Vicary privet Ligustrum x vicaryi Ornamental, shrub
Sweet Mockorange Philadelphus coronarius Ornamental, shrub
Japanese pieris Pieris japonica Ornamental, shrub
Cotoneaster (All varieties) Ornamental, shrub
Spirea (All varieties) Ornamental, shrub
Weigela (All varieties) Ornamental, shrub
Forsythia (All varieties) Ornamental, shrub
Dwarf Fothergilla Fothergilla gardenii Ornamental, shrub
Buttonbush Cephalanthus occidentalis Ornamental, shrub
Japanese pagodatree Sophora japonica Ornamental, shrub
Chastetree Vitex agnus-castus Ornamental, shrub
Standard Nandina Nandina domestica Ornamental, shrub
Part 203 – Buffer and Landscaping Proposed Changes
Item #1, Page 22
(2) Planting procedure. All required trees and shrubs shall meet the specifications and procedures
established by the American Nursery and Landscape Association.
a) All trees shall be planted no closer than three feet to the edge of sidewalks, curb or other
pavement.
b) Deciduous trees shall be a minimum of two-inch caliper at the time of planning.
c)
d) Evergreen trees shall be a minimum of four feet in height at the time of planting. Shrubs
shall be a minimum three-gallon container at the time of planting.
Only single stem trees shall be planted as street trees.
In addition to the three-
gallon container requirement, parking lot screening shrubs shall be a minimum of 36
inches in height at time of planting and buffer shrubs shall be a minimum of 18 inches in
height at time of planting. Spacing of parking lot screening shrubs shall be no greater
than four (4) feet on center.
e)
f)
Only trees having a mature height of less than 20 feet shall be located under overhead
utility lines.
Measurement of Size. Caliper is measured six (6) inches above the ground up to and
including four (4) inch caliper size, and twelve (12) inches above the ground for larger
sizes. Diameter at breast height (dbh) will be measured at the height of 54 inches from
the base of the trunk or as otherwise allowed in the Guide for Plant Appraisal.
§ 165-203.02 Buffer and screening requirements.
It is the intent of the regulations of this section to encourage proper design of a site in order to protect
adjacent existing uses and to protect proposed uses within the site. Certain types of uses must be
Purple Plum Prunus cerasifera Ornamental
Crape Myrtle Lagerstroemia indica Ornamental
Persian parrotia Parrotia persica ornamental
Hydrangea (all varieties) Ornamental
Mugo pine Pinus mugo Ornamental
Itea (All varieties) Ornamental
Aronia (All varieties) Ornamental
Clethra (All varieties) Ornamental
Azalea Rhododendron (All varieties) Ornamental
Rhododendron (All varieties) Ornamental
Northern Bayberry Myrica pensylvanica Ornamental
Meyer Lilac Syringa meyeri ‘Palibin’ Ornamental
Part 203 – Buffer and Landscaping Proposed Changes
Item #1, Page 23
buffered from other types in order to ensure a desirable living environment. Additionally, appropriate
distances must be maintained between commercial, industrial and residential uses and roads.
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:
(1)
When placed adjacent to one another, developments with different housing types shall
provide the following residential separation buffers:
MINIMUM RESIDENTIAL SEPARATION BUFFER AREA REQUIRED
Proposed Use/Development Adjoining Existing Use/Development
1 2 3 4 5
- 1. Single-family detached - A B B
- 2. Single-family zero lot line or small lot - A B B
B 3. Multiplex or townhouse B - B B
C 4. Garden Apartment or Multifamily buildings C B - A
C 5. Age-restricted multifamily C C - -
BUFFER AREA WIDTH AND PLANT REQUIREMENTS
Type Inactive (Minimum)
(feet)
Active (Maximum)
(feet)
Total
(feet)
Screen
Type
A 15 10 25 Full Screen
A 30 20 50 Landscape Screen
A 75 25 100 No Screen
B 30 20 50 Full Screen
B 45 30 75 Landscape Screen
B 75 25 100 No Screen
C 75 25 100 Full Screen
C 100 50 150 Landscape Screen
C 150 50 200 No Screen
(2) Buffers shall be placed between the lot line of the proposed housing type and the lot line of
the existing adjoining use or development. When placed on individual lots, the buffer shall be
located within a permanent landscape easement and shall be maintained by the homeowners
association.
(3) When age-restricted multifamily housing adjoins other housing types, the evergreen element
of the residential separation buffer shall be planted at a height of six feet.
(4) When existing mature woodlands are located within the entire buffer area (total distance if
active and inactive buffer), preservation of that woodland will be allowed to substitute for the
required plant material.
(5) Housing types contained within a mixed use development as outlined in the Comprehensive
Plan or developments that contain a mixture of housing types but approved with the same
Master Development Plan shall not require residential separation buffers between housing
Part 203 – Buffer and Landscaping Proposed Changes
Item #1, Page 24
types contained within the same development. The Zoning Administrator may require
residential separation buffers when a Master Development Plan is revised and the housing
types are modified after construction has already commenced within the development.
Residential separation buffers shall be required when different housing types are placed
adjacent to a mixed use or Master Planned development or if the development abuts different
housing types within a separate development.
Note: Subsection “D” is unchanged.
E. Road efficiency buffers. The purpose of these requirements are to provide protection for residential
structures from any street classified as a collector road or higher while still providing an attractive
view of the residential neighborhoods from major roadways. It is not the intent of these
regulations to provide uniform linear strips of completely opaque screening but to provide an
attractive view of residential neighborhoods from major streets and ensure adequate buffering for
the residential neighborhood from the street.
(1) All residential structures shall be separated from interstate, limited access, primary, major
arterial, minor arterial or major collector roads, as designated by the Virginia Department of
Transportation or the Frederick County Comprehensive Plan, by the following road efficiency
buffers:
(2) All road efficiency buffers shall begin at the edge of the road right-of-way, with the inactive
portion abutting the road right-of-way. All required elements of the full-distance buffer or the
reduced-distance buffer shall be located within the inactive portion of the road efficiency
buffer. Maintenance of the road efficiency buffer shall be in accordance with § 165-
203.01B(3).
Distance Buffer Required
The inactive portion of the road efficiency buffer is permitted to count towards
Road Classification
Inactive
(minimum)
(feet)
Active
(maximum)
(feet)
Total
(feet)
Screen
Type
Interstate/ arterial/
limited access
Full-distance buffer 50 50 100 Landscape Screen
Reduced-distance
buffer
40 40 80 Full Screen
Major collector
Full-distance buffer 40 40 80 Landscape Screen
Reduced-distance
buffer
40 10 50 Full Screen
Part 203 – Buffer and Landscaping Proposed Changes
Item #1, Page 25
the required percentage of common open space; however, no portion of a residential lot shall
be located within the inactive portion of the road efficiency buffer. The active portion of the
road efficiency buffer may be permitted to be located within a residential lot, provided that
the primary structure is not located within the buffer area. Accessory structures may be
located within the active portion of the road efficiency buffer, provided that the structures
meet all applicable setback requirements. Access roads serving as the primary means of
vehicular travel to residential subdivisions are permitted to traverse road efficiency buffers.
(3) All road efficiency buffers shall contain landscaping evergreen trees intended to reach a
minimum height of 20 feet at maturity.
(4)
The Zoning Administrator may allow alternative landscaping near entrance drives to ensure
safe sight distances.
(5) The Zoning Administrator may waive, reduce and/or modify the road efficiency buffer yard
requirements if in his opinion the topography of the lot providing the buffer yard and the lot
being protected is such that the required buffer yard would not be effective.
(6) When existing mature woodland, when supplemented by new vegetation if needed, is
located within the entire buffer area and meets the intent of this section, preservation of
that woodland will be allowed to substitute for the required plant material and the opaque
screening.
Parts 101 & 201 Proposed Changes
Item #2, Page 1
ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS
Part 101 – General Provisions
§ 165-101.02 Definitions & word usage.
BUILDING HEIGHT - The vertical distance of a structure measured from the mean level of the ground
surrounding the structure to its highest point.
DWELLING
The vertical distance from the average finished grade at
the front of the structure to the top of the highest roof beams on a flat or shed roof, the deck level on
a mansard roof, and the average distance between the eaves and the ridge level for gable, hip and
gambrel roofs. For structures that include appurtenant or other accessory roof features the height
shall be measured from the average finished grade at the front of the structure to the highest point of
the feature.
- A residential structure or portion thereof which is used exclusively for human habitation.
A. DWELLING, MULTIFAMILY — A structure arranged or designed to be occupied by two or more
households.
B.
A building or portion thereof containing more than two (2) dwelling units and not
classified as a single-family attached dwelling with not more than one (1) family occupying each
dwelling unit.
DWELLING, SINGLE-FAMILY — A structure, not including mobile homes, arranged or designed to
be occupied by one household.
C. DWELLING, DETACHED — A dwelling that is not attached to any other dwelling by any means.
D. DWELLING, SEMI-DETACHED — A dwelling attached to one or more dwellings by a common
vertical wall, with each dwelling located on a separate lot.
E. DWELLING, ATTACHED — A dwelling with two (2) or more single family dwelling units which are
generally joined together by an above grade common party wall extending from the lowest floor
to the roof or by a common floor-ceiling. A common floor-ceiling shall be the floor of one unit
that is shared with the ceiling of another unit in vertically stacked dwelling units. Townhouse units
may be attached by a garage or a connecting permanent architecturally unified structure such as a
breezeway, carport, or wall, where structures continue the design, pattern and/or materials of the
façade from one (1) dwelling unit to another.
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES
Part 201 – Supplementary Use Regulations
Parts 101 & 201 Proposed Changes
Item #2, Page 2
§ 165-201.02 Setback requirements.
F. Extensions into setback yards. The following features may extend into setback yards
as described.
(3) Porches and related features. In the RA, MH1, and R5 Zoning Districts, b
(5) Decks which are attached to townhouses and weak-link townhouses may be constructed to the
full width of the dwelling unit and may extend 15 feet into a perimeter setback area or the
active portion of a required buffer area, provided that the decks are not enclosed or covered
and the deck floor is not constructed higher than the finished floor elevation of the primary
entrance to the dwelling unit.
alconies, 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.
[Note: this section is being relocated into the townhouse housing type dimensional requirement
section]
(6) Storage sheds which are attached to townhouses and weak-link townhouses that can only be
accessed through an outer entrance and do not exceed ¼ the width of the dwelling unit may
extend 10 feet into a rear or
perimeter setback area or the active portion of a required buffer
area.
E
Frederick County Planning Commission
RE: Waivers
May 21, 2012
Page 2
May 10, 2012. At the work session the reasoning behind the proposed changes was discussed;
however, the content was not and the Board of Supervisors directed staff to take the amendment
to the Planning Commission for further discussion.
This item is presented for discussion. Comments and suggestions from the Planning
Commission will be forwarded to the Board of Supervisors.
Attachments:
1. Current Planning Commission Waivers
2. Current Board of Supervisors Waivers
3. Current Zoning/Subdivision Administrator Waivers
*Deletions shown in strikethrough and additions shown in bold underlined italics.
CEP/bhd
ATTACHMENT 1
PC Waivers
Attachment #1 Page - 1
Chapter 165 – Zoning
Planning Commission Waivers – Modifications
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES
Code Section and Waiver Text
Administrative
Approval
BOS Action
Required
Part 201 – Supplementary Use Regulations
§ 165-201.03 Height limitations; exceptions.
B. Exceptions to height requirements.
(6) General office buildings in the B2 and B3 Zoning Districts and hotel and motel
buildings in the B2 Zoning District shall be exempt from the maximum height
requirement of those zoning districts. In no case shall the height of such
buildings exceed 60 feet. When such exemptions are proposed adjacent to
existing residential uses, the Planning Commission Board of Supervisors
shall
review the site development plan pursuant to the provisions of § 165-
203.02A(3).
X
*This waiver has
the ability to
impact adjacent
residential
properties and
therefore should
be a BOS
Waiver.
§ 165-201.08 Protection of environmental features.
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:
(6) Steep slopes. No more than 25% of steep slopes, as defined, shall be
disturbed or regraded. The Zoning Administrator 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 § 165-201.08B shall be located in areas of open space. However, the
Zoning Administrator
Planning Commission may allow undisturbed areas to be
included in 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.
X
* Subdivision
Phase
*Administrative
approval
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.
(4) Procedure for Adjustments to Parking Requirements.
a) Generally, the Planning Commission Zoning Administrator
may approve
X
ATTACHMENT 1
PC Waivers
Attachment #1 Page - 2
a reduction in required parking spaces. Applications for such a
reduction shall be submitted to the Zoning Administrator
in conjunction
with a site plan and include the following:
1) A parking demand analysis which substantiates the basis for a
reduced number of parking spaces.
2) A plan showing how the parking spaces will be provided on the site.
3) An executed covenant guaranteeing that the owner will provide the
additional spaces otherwise required, if the Planning Commission,
upon recommendation of the Zoning Administrator, after thorough
investigation by the Zoning Administrator of the actual utilization of
parking spaces at the building or complex, decides that the
approved reduction be modified or revoked. Said covenant shall:
i. Be executed by the owner of said lot or parcel of land and
the parties having beneficial use thereof;
ii. Be enforceable by the owner, the parties having beneficial
use, and their heirs, successors and assigns or both;
iii. Be enforceable against the owner, the parties having
beneficial use, and their heirs, successors and assigns or
both; and
iv. Be recorded in the Office of the Clerk of the Circuit Court.
4) The Zoning Administrator will review the above completed
application and make a recommendation to the Planning
Commission. The Planning Commission may impose such additional
conditions as are deemed necessary to protect and assure
compliance with the objectives of this section.
* Site Plan Phase
*Administrative
approval
X
* Site Plan Phase
*Administrative
approval
§ 165-202.03 Motor vehicle access.
A. New driveways.
(7) Spacing exceptions. New driveways with entrances on arterial or primary
highways which do not meet the above spacing requirements shall be
allowed only when access meeting the spacing requirements cannot be
provided from the arterial highway to the individual property by using one
of the following methods:
(b) Shared access. When a lot is created on a collector road or arterial
highway, shared means of access to the road or highway shall be
created by access easement, shared driveway or other means to ensure
that the spacing requirements have been met.
[1] When a lot is divided or developed that can be provided with a
driveway meeting the spacing requirements but that is adjacent to
other parcels or lots that will not be able to have entrances meeting
the spacing requirements, means of highway access to the
adjoining property may be required by the Zoning Administrator or
Planning Commission on the lot to be divided or developed.
B. Alternative methods.
X
* Subdivision
Phase
*Administrative
approval
ATTACHMENT 1
PC Waivers
Attachment #1 Page - 3
(1) The Planning Commission Zoning Administrator
may allow other means of
motor vehicle access which do not meet the above requirements. Such
means may involve the use of entrances which physically limit or restrict left
turns, methods which ensure one-way travel or other methods.
D. Pedestrian access. Safe pedestrian walkways shall be provided to all uses on land
included in a master plan or site plan approved by Frederick County. Sidewalks
shall be provided in conformance with adopted corridor or walkway plans or
approved master development plans. The Planning Commission Board of
Supervisors may require additional sidewalks or walkways on master plans or the
Zoning Administrator may require additional sidewalks or walkways on
site
plans to promote a general system of pedestrian access in residential
neighborhoods or business corridors.
X
* Site Plan or
Subdivision Phase
*Administrative
approval
X
*In the case of a
Site Plan or a
Subdivision Design
Plan the Zoning
Administrator
could require
additional
sidewalks or
walkways
X
*In the case of a
rezoning or MDP
the BOS could
require
additional
sidewalks or
walkways
Part 203 – Buffers and Landscaping
§ 165-203.02 Buffer and screening requirements.
It is the intent of the regulations of this section to encourage proper design of a site
in order to protect adjacent existing uses and to protect proposed uses within the
site. Certain types of uses must be buffered from other types in order to ensure a
desirable living environment. Additionally, appropriate distances must be maintained
between commercial, industrial and residential uses and roads.
A. Distance buffers. Distance buffers are based on the nature of an activity and its
proximity to an activity of a different nature. They are linear distances measured
from property lines inward. Part of the buffer must be inactive and part may be
active. The inactive portion begins at the adjoining property line, as shown in the
example diagrams.
(3) Wherever proposed developments are adjacent to or within 1,000 feet of the
boundaries of existing uses, the Planning Commission Board of Supervisors
may require increased or additional distance buffers to separate different
uses to achieve the intentions of this section.
B. Screening. Screening is designed to work with distance buffers to lessen the
impact of noise or visual interaction between adjacent activities. There are two
levels of screening: landscape screening and full screening. The higher the level of
screening provided, the lower the level of distance buffer required. The example
diagrams show how this works.
(3) Wherever proposed developments are adjacent to existing uses, the Planning
Commission Board of Supervisors
may require additional landscaping or
landscaped easements to separate different uses and to achieve the
intentions of this section.
C. Residential separation buffers. Perimeter and interior residential separation
buffers shall be established to adequately buffer single-family detached
traditional and cluster dwellings from other housing types. The function of the
perimeter separation buffer shall be to adequately separate different housing
types within adjoining developments, while the interior separation buffer shall
adequately separate different housing types within mixed-use developments.
X
*This waiver
would need to
be imposed at a
rezoning or
master
development
phase.
X
*This waiver
would need to
be imposed at a
rezoning or
master
development
phase.
ATTACHMENT 1
PC Waivers
Attachment #1 Page - 4
The requirements for perimeter and interior residential separation buffers are as
follows:
(3) Interior residential screening. This buffer shall be designated as a continuous
landscaped easement that will be placed between single-family detached
traditional and cluster dwellings and other housing types. This landscaped
easement shall be at least 10 feet in depth and contain a double row of
evergreen trees. Each row of evergreen trees shall be a minimum of four
feet in height at time of planting and spaced no more than eight feet apart.
If natural barriers, topography or other features achieve the function of an
interior separation buffer, the requirement may be waived by the Planning
Commission Zoning Administrator
.
D. Zoning district buffers. Buffers shall be placed on land to be developed when it
adjoins land in certain different zoning districts.
(10) When a flex-tech development is split by a zoning district line, the Planning
Commission Zoning Administrator may allow for a reduction of the distance
buffer and the relocation of the screening requirements. Such modifications
shall be allowed at the Commission's Zoning Administrators
discretion,
provided that all of the following conditions are met:
(a) The zoning district boundary line for which the modification is requested
is internal to the land contained within the master development plan.
(b) The required landscape screen is relocated to the perimeter of the flex-
tech development. This relocated landscape screen shall contain the
same plantings that would have been required had the screen been
placed along the zoning district boundary line.
E. Road efficiency buffers.
(3) All road efficiency buffers shall contain evergreen trees intended to reach a
minimum height of 20 feet at maturity. These evergreen trees shall
provide a continuous screen, with plantings spaced no more than 10 feet
apart. The full-distance buffer shall contain a double row of evergreen
trees that are a minimum of four feet in height when planted. The
reduced-distance buffer shall contain an earth berm that is six feet in
height above the average road grade and shall contain a single row of
evergreen trees that are a minimum of four feet in height when planted.
Alternative landscaping may be permitted near entrance drives to ensure
safe sight distances. The Planning Commission Zoning Administrator
may
allow for alternative designs which meet the intent of the section in the
event of topography or sight distance constraints.
X
* Site Plan or
Subdivision Phase
*Administrative
approval
X
* Site Plan Phase
*Administrative
approval
X
* Site Plan or
Subdivision Phase
*Administrative
approval
Part 204 – Additional Regulations for Specific Uses
§ 165-204.06 Flex-tech uses.
C. All flex-tech developments shall adhere to a site plan that has been approved by
the Frederick County Zoning Administrator and complies with the requirements
set forth in this chapter and to the following flex-tech design standards:
(2) Site layout requirements.
ATTACHMENT 1
PC Waivers
Attachment #1 Page - 5
(a) Loading bays.
[1] All loading bays shall be located so that they are not visible from road
rights-of-way. All loading bays shall be screened from view by the
building, landscaping, walls or decorative fencing.
[2] Except during the process of loading or unloading, trucks and trailers
shall not be parked outside the building, unless parked in screened
areas not visible from adjacent road rights-of-way or properties.
[3] The Planning Commission Zoning Administrator
may waive any and
all of the loading bay location and screening requirements when a
site is bordered by two or more road rights-of-way. In no case shall a
loading bay be visible from an arterial or collector road, as identified
by the Frederick County Comprehensive Policy Plan.
X
* Site Plan Phase
*Administrative
approval
§ 165-204.11 Landfills, junkyards, trash disposal, and inoperable vehicles.
Landfills, junkyards, automobile graveyards, dumping and trash heaps shall be
permitted only where specifically allowed by the zoning district regulations of this
chapter. Where allowed, such uses shall meet all requirements of the Frederick
County Code and applicable state and federal regulations.
B. A minimum buffer of 600 feet shall be maintained on parcels containing a landfill
adjacent to properties containing residences or properties zoned RP Residential
Performance, MH1 Mobile Home Community, R4 Residential Planned
Community or R5 Residential Recreational Community. Such buffers shall be
along the boundary of the property adjacent to the properties so zoned or
containing the residences. In addition, the Planning Commission Board of
Supervisors
may require landscape screening or full screening in the buffer as
described by this chapter. If a residential development is established adjacent to
an existing landfill, a Category C buffer shall be placed on the land containing the
residential development. In no case shall residences be placed within 600 feet of
a landfill.
X
*This
requirement has
the ability to
impact adjacent
residential
properties and
therefore should
be a BOS
Waiver.
§ 165-204.14 Sewage treatment facilities.
B. A minimum buffer of 600 feet shall be maintained on parcels containing sewage
treatment facilities adjacent to properties containing residences or properties
zoned RP Residential Performance, MH1 Mobile Home Community, R4
Residential Planned Community or R5 Residential Recreational Community. Such
buffers shall be along the boundary of the property adjacent to the properties so
zoned or containing the residences. In addition, the Planning Commission Board
of Supervisors
may require landscape screening or full screening in the buffer as
described by this chapter. If a residential development is established adjacent to
an existing sewage treatment facility, a Category C buffer shall be placed on the
land containing the residential development. In no case shall residences be
placed within 600 feet of a sewage treatment facility.
X
*This
requirement has
the ability to
impact adjacent
residential
properties and
therefore should
be a BOS
Waiver.
§ 165-204.19 Telecommunication facilities, commercial.
B. The following standards shall apply to any property in which a commercial
telecommunication facility is sited, in order to promote orderly economic
development and mitigate the negative impacts to adjoining properties:
(1) The Planning Commission Board of Supervisors
may reduce the required setback
distance for commercial telecommunication facilities as required by
X
CUP and BOS
ATTACHMENT 1
PC Waivers
Attachment #1 Page - 6
§ 165-201.03B(8) of this chapter if it can be demonstrated that the
location is of equal or lesser impact. When a reduced setback is
requested for a distance less than the height of the tower, a certified
Virginia engineer shall provide verification to the Planning Commission
Board of Supervisors
Review Required
that the tower is designed, and will be
constructed, in a manner that if the tower collapses for any reason the
collapsed tower will be contained in an area around the tower with a
radius equal to or lesser than the setback, measured from the center
line of the base of the tower. In no case shall the setback distance be
reduced to less than 1/2 the distance of the tower height. Commercial
telecommunication facilities affixed to existing structures shall be
exempt from setback requirements, provided that they are located no
closer to the adjoining property line than the existing structure.
§ 165-204.21 Truck or fleet maintenance facilities and truck rental and leasing
facilities, without drivers.
F. The Planning Commission Zoning Administrator
X
may require additional buffers
and screening other than those defined in § 165-203.02 of this chapter.
* Site Plan Phase
*Administrative
approval
§ 165-204.23. Welding Repair (SIC 7692).
A. Welding repair operations in the RA (Rural Areas) District, shall meet the
following requirements:
(1) The Planning Commission Board of Supervisors
may require buffer and
screening elements and/or distance when deemed necessary to
protect existing adjacent uses.
X
CUP and BOS
Review Required
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
Code Section and Waiver Text
Administrative
Approval
BOS Action
Required
Part 401 – RA Rural Areas District
§ 165-401.02 Permitted uses.
Structures and land shall be used for one of the following uses:
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 Planning Commission
Board of Supervisors.
X
Due to the use
the BOS should
renew these
plans.
§ 165-401.06 Permitted lot sizes.
The following types of lots shall be permitted:
C. Rural preservation lots.
(2) Exception to the Rural Preservation Tract. In cases where excessive
topography or other natural features of a site create a situation where a
higher quality subdivision design, resulting in less physical and/or visual
disruption could be achieved by allowing two residual parcels to be created,
the Planning Commission Zoning Administrator
may permit the 60% to be
made up of two parcels.
X
* Subdivision
Phase
*Administrative
approval
Part 402 – RP Residential Performance District
§ 165-402.07 Open space requirements.
ATTACHMENT 1
PC Waivers
Attachment #1 Page - 7
A. A minimum percentage of the gross area of any proposed development shall be
designated as common open space. This open space shall be for purposes of
environmental protection and for the common use of residents of the
development. Such open space shall be dedicated to a property owners
association or to Frederick County. Open space shall be dedicated to Frederick
County only with the approval of the Board of Supervisors. The Planning
Commission Board of Supervisors may allow public libraries and public schools to
be located within areas designated as common open space, provided that the
proposed facilities are indicated on the original master development plan for the
residential development. During the review of the master development plan, the
Planning Commission Board of Supervisors
shall ensure that the location of a
proposed public library or public school is appropriate and that adequate buffers,
screening and access are provided to prevent negative impacts to adjoining
residential uses. Public libraries and public schools shall be dedicated to Frederick
County. Developments which contain any of the following housing types shall
provide open space as specified below:
C. In developments containing only single-family detached urban housing or single-
family detached urban housing mixed with single-family detached traditional
housing, the required open space may be waived by the Board of Supervisors
. The
open space requirement shall only be waived when the required open space is
less than one acre. Such waivers shall be granted by the Administrator, upon
recommendation by the Planning Commission. Such waiver shall not include open
space provided to meet environmental requirements.
X
Master
Development
Plan Review
Required
X
Master
Development
Plan Review
Required
§ 165-402.08 Recreation facilities.
A. Housing types with lot sizes of less than 5,000 square feet 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 to the dwelling units that they
are designed to serve. The design and amount of facilities shall be approved by
the Planning Commission, in conjunction with the Zoning Administrator in
conjunction with
and 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.
X
* Subdivision
Phase
*Administrative
approval
Part 403 – MH1 Mobile Home Community District
§ 165-403.04 Mobile home parks and subdivisions.
C. Streets.
(2) Private streets in existing mobile home parks. The Planning Commission Board
of Supervisors
may allow new sections of existing mobile home parks, which
are currently served by a complete system of private streets, to be provided
with access using private streets. In such cases, the private streets must meet
the following requirements:
X
Master
Development
Plan Review
Required
ARTICLE V
PLANNED DEVELOPMENT DISTRICTS
Part 501 – R4 Residential Planned Community District
§ 165-501.06 Design requirements.
E. Open space. A minimum of 30% of the gross area of any proposed development
ATTACHMENT 1
PC Waivers
Attachment #1 Page - 8
shall be designated as common open space. This open space shall be for purposes
of environmental protection and for the common use of residents of the
development. No more than 50% of the required open space shall be within the
following environmental areas: lakes and ponds, wetlands or steep slopes. The
Director of Planning, upon recommendation of the Planning Commission Board of
Supervisors, may allow a larger amount of steep slopes to be utilized where the
developer can demonstrate a viable plan for the use of these areas. Open space
land shall be dedicated to the property owners' association or to Frederick
County. Land shall only be dedicated to Frederick County with the approval of the
Board of Supervisors.
F. Recreational facilities. One recreational unit or equivalent recreational facilities
shall be provided for each 30 dwelling units. The facilities shall be in a
configuration and location that is easily accessible to the dwelling units that they
are designed to serve. The design and amount of facilities shall be approved by
the Planning Commission, in conjunction with the Zoning Administrator in
conjunction with
and the Department of Parks and Recreation. 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 planned
community.
X
* Subdivision
Phase
*Administrative
approval
X
Master
Development
Plan Review
Required
Part 502 – R5 Residential Recreational Community District
§ 165-502.05 Design requirements.
D. Commercial areas. Not more than 6% of the gross area of a residential
recreational community shall be used for commercial uses. Commercial uses
shall be located in village centers designated on the approved master
development plan. The Planning Commission Board of Supervisors may require
the submission of a generalized master
development plan depicting the type and
location of uses, access and circulation patterns within identified village centers.
X
Rezoning/Master
Development
Plan Review
Required
§ 165-502.05 Design requirements.
F. Open space. A minimum of 35% of the gross area of any proposed development
shall be designated as common open space. This open space shall be for purposes
of environmental protection and for the common use of residents of the
development. No more than 50% of the required open space shall be within lakes
and ponds, wetlands or steep slopes. The Planning Commission Board of
Supervisors
may allow a larger amount of steep slopes to be utilized where the
developer can demonstrate a viable plan for the use of these areas. Where age-
restricted communities are approved with private streets, a minimum of 45% of
open space shall be required.
X
Rezoning/Master
Development
Plan Review
Required
§ 165-502.05 Design requirements.
G. Recreational facilities. One recreational unit or equivalent recreational facilities
shall be provided for each 30 dwelling units. The facilities shall be in a
configuration and location that is easily accessible to the dwelling units that they
are designed to serve. The design and amount of facilities shall be approved by
the Planning Commission, in conjunction with the Zoning Administrator in
conjunction with
and the Department of Parks and Recreation. When the single-
family small lot housing type is used, the requirements of § 165-402.08,
Recreational facilities, shall be met.
X
* Subdivision
Phase
*Administrative
approval
§ 165-502.05 Design requirements.
H. Buffers and screening. Buffers and screening shall be provided between various
uses and housing types as if the uses were located in the RP, B1 or B2 Zoning
District according to the uses allowed in those districts. Buffers and screening
shall be provided accordingly as specified in §165-203.02 of this chapter. Road
efficiency buffers shall be provided according to the requirements of that section.
ATTACHMENT 1
PC Waivers
Attachment #1 Page - 9
In addition, along the perimeter boundary of the Residential Recreational
Community District, buffers and screens shall be provided in relation to adjoining
properties as if the uses in the planned community were located in the RP, B1 and
B2 Zoning Districts. Planning Commission Board of Supervisors
X
may allow
alternative methods for achieving buffer and screening requirements and may
waive the interior residential screening and road efficiency buffer requirements in
age-restricted communities.
Rezoning/Master
Development
Plan Review
Required
§ 165-502.05 Design requirements.
K. Streets. The residential recreational community development shall be provided
with a complete system of public streets dedicated to the Virginia Department of
Transportation. The road system shall conform with the Frederick County
Comprehensive Policy Plan and with road improvement plans adopted by the
County.
(1) Within any portion of a residential recreational community which qualifies as
an age-restricted community, the Planning Commission Board of Supervisors
may allow for the installation of private streets, provided that all streets
conform to the construction details and materials of the Virginia Department
of Transportation Standards and that a program for the perpetual
maintenance of all streets is provided which is acceptable to the Commission
Board of Supervisors and the Transportation Planner.
(2) Within R-5 residential recreation community developments approved prior to
1980, the Planning Commission Board of Supervisors
may allow the
extension of existing private roads if no other means of access is available.
X
Rezoning/Master
Development
Plan Review
Required
§ 165-502.05 Design requirements.
M. Alternative access. A combined system of pedestrian and/or bicycle access, in the
form of paved sidewalks, interior walkways or bike paths, shall be provided to
allow walking or bicycling between every use, structure or recreational facility.
Such access shall be connected with existing travelways adjacent to the
residential recreational community development. In age-restricted communities,
at the time of master development plan approval, the Planning Commission
Board of Supervisors
may allow local streets without sidewalks to be used and
incorporated into the system of pedestrian and bicycle access. The type and
nature of trails to be used shall be identified, detailed and approved on the
master development plan.
X
Rezoning/Master
Development
Plan Review
Required
ARTICLE VI
BUSINESS AND INDUSTRIAL ZONING DISTRICTS
Part 601 – Dimensional and Intensity Requirements
§ 165-601.03 Minimum landscaped area
Minimum landscaped area. In the B2 Business General Zoning District, the Planning
Commission Board of Supervisors
may require that more than 15% of the area of a
site shall be landscaped in order to meet the intent of this chapter.
X
This would need
to occur at the
rezoning or
master
development
plan phase.
Part 608 – EM Extractive Manufacturing District
§ 165-608.04 Landscaping.
Appropriate landscaping or screening may be required by the Zoning Administrator or
Planning Commission Board of Supervisors
within any required yard setback area in
order to reasonably protect adjacent uses from noise, sight, dust or other adverse
impacts.
X
This would need
to occur at the
rezoning or
master
development
ATTACHMENT 1
PC Waivers
Attachment #1 Page - 10
plan phase.
s§ 165-608.05 Setback and yard requirements.
A. Front setback.
(2) Excavations shall be no closer than one hundred feet from any road, street or
highway right-of-way. The Planning Commission Board of Supervisors
may
reduce the required front setback for excavation to 50 feet if it determines
that, through the use of measures, such as landscaping or screening, the
effective protection afforded to adjacent properties has not been reduced.
B. Side and rear setbacks. All principle and accessory structures shall be set back at
least 25 feet from any side or rear property boundary.
(1) No structure shall be closer than 100 feet from any property line zoned RA,
RP, R4, R5 or MH1. The Planning Commission Board of Supervisors
may
reduce this required setback to 50 feet if it determines that, through the use
of measures, such as landscaping or screening, the effective protection
afforded to adjacent properties has not been reduced.
(2) Excavations shall be no closer than one hundred feet from any property
zoned RA, RP, R4, R5 or MH1. No excavation shall be located closer than 200
feet from any dwelling or platted residential subdivision. The Planning
Commission Board of Supervisors may reduce these required setbacks to 50
feet if it determines that, through the use of measures, such as landscaping
or screening, the effective protection afforded to adjacent properties has
not been reduced.
**The DRRC recommended that this waiver option be deleted. **
(3) All crushing or screening machinery shall be set back at least 300 feet from
any property boundary. If such equipment is fully enclosed within a building
which maintains the effective protection afforded adjacent properties, the
Planning Commission Board of Supervisors
may reduce this yard
requirement to a minimum of 200 feet.
X
*All four of
these waivers
have the ability
to impact
adjacent
residential
properties and
therefore should
be a BOS
waivers.
Part 609 – HE Higher Education District
§ 165-609.04 Buffers and screening.
A. The Planning Commission Zoning Administrator
may require distance buffers, as
defined in § 165-203.02A of this chapter, on lots which abut land in any
residential district or land in other zoning districts which are predominantly
residential in nature. The size and content of the buffers shall be based on the
amount of separation needed.
B. The Planning Commission Zoning Administrator
X
may require landscaped screens
or full landscaping, as defined by § 165-203.02B of this chapter, to separate uses
in this district from adjoining residential uses and to achieve the intentions of this
chapter.
* Site Plan Phase
*Administrative
approval
X
* Site Plan Phase
*Administrative
approval
ARTICLE VII
OVERLAY DISTRICTS
Part 704 – IA Interstate Area Overlay District
§ 165-704.05 District regulations.
D. Setback requirements.
X
*This waiver has
the ability to
ATTACHMENT 1
PC Waivers
Attachment #1 Page - 11
(3) The Planning Commission Board of Supervisors impact adjacent
properties and
therefore should
be a BOS
Waiver.
may waive any portion of the
setback described in §165-704.05D(2) if it can be demonstrated that the
setback requirement cannot be met due to the irregular size or shape of the
parcel.
ARTICLE IX
NONCONFORMING USES, STRUCTURES AND SIGNS
Part 901 – Nonconforming Uses, Structures and Signs.
§ 165-901.06 Restoration or replacement.
If a legally nonconforming use or structure is destroyed or damaged in any manner, it
may be repaired or restored, provided any such repair or restoration is completed
within 12 months from the date the legally nonconforming use or structure was
destroyed or damaged. The Board of Supervisors
Planning Commission may approve a
waiver to allow an extension up to 18 months from the date the legally nonconforming
use or structure was destroyed or damaged if requested by the owner. All legally
nonconforming signs that are destroyed or damaged in any manner may be repaired
or restored only if all work is completed within six months from the date the legally
nonconforming sign was destroyed or damaged.
X
*This waiver has
the ability to
impact adjacent
properties and
therefore should
be a BOS
Waiver.
Chapter 144 – Subdivision of Land
Planning Commission Waivers – Modifications
ARTICLE V - Design Standards
§ 144.17. Streets.
It is the intention of Frederick County, through its Comprehensive Plan and the
following standards, to ensure that an adequate network of streets is created which
provides multiple access points to subdivisions. All proposed subdivision streets shall
be public streets dedicated to Frederick County for eventual acceptance into the state
secondary road system and shall meet the following design standards, as well as the
subdivision street requirements of the Virginia Department of Transportation. Where
conflicts occur, the more restrictive requirement shall apply.
D. Intersections.
(1) Streets shall intersect at approximately right angles. The Planning
Commission Board of Supervisors
may allow intersections of lesser
angles. In no case shall a street intersect another at an angle of less
than 80 degrees.
X
*This wavier
could constitute
a safety issue
and therefore
should not be
administrative.
§ 144.17. Streets.
G. Culs-de-sac.
(1) Culs-de-sac, permanently designed as such, shall not exceed 1,000
feet in length unless required by the Virginia Department of
Transportation standards for connectivity. The Planning Commission
Board of Supervisors
may waive this requirement in cases where
extreme topography or other factors make it impractical. In no case
shall the street serve more than 25 lots. The turnaround provided
shall have a right-of-way radius of not less than 50 feet and a paved
radius of not less than 45 feet. Loop streets are preferred to culs-de-
sac, where possible. [Amended 12-9-2009]
X
*This wavier
could constitute
a safety issue
and therefore
should not be
administrative.
ATTACHMENT 1
PC Waivers
Attachment #1 Page - 12
§ 144.17. Streets.
L. Curbs and gutters. Curbs and gutters shall be constructed along both sides of
all streets in any subdivision containing lot(s) less than 15,000 square feet or
lot widths of 80 feet or less at the street. The subdivider shall determine the
curb cuts necessary for entrance locations for any subdivision that requires
curbs and gutters at the subdivision design plan stage. The Planning
Commission Subdivision Administrator may allow for alternatives to curbs
and gutters where it is determined that improved stormwater management,
such as reduced concentration of peak flow for a drainage shed, would be
achieved without it.
Such alternatives shall only be permitted when
acceptable to the Subdivision Administrator and when approved by the
Director of Public Works.
X
* Site Plan or
Subdivision Plan
Phase
*Administrative
approval
§ 144.17. Streets.
M. Street signs. Street signs shall be required at all street intersections in all
subdivisions. Signs other than those conforming to typical Virginia
Department of Transportation standards may be permitted by the Planning
Commission Subdivision Administrator if the size and design are deemed
appropriate. The subdivider shall submit a maintenance plan for any sign that
does not conform to Virginia Department of Transportation standards, which
must be approved by the Planning Commission Subdivision Administrator
.
No occupancy permit will be issued for any dwellings within a subdivision
prior to the placement of required street signs serving those residences.
X
* Site Plan or
Subdivision Plan
Phase
*Administrative
approval
§ 144.19. Streetlights.
Streetlights of adequate type and intensity shall be required to promote
public health and safety in any subdivision in the RP (Residential
Performance), R4 (Residential Planned Community), R5 (Residential
Recreational Community) Districts and residential areas in the MS (Medical
Support) Districts. Streetlights shall be provided at all intersections. The
design proposal for streetlighting shall be approved by the Subdivision
Administrator. The Planning Commission Board of Supervisors
may waive the
requirement for streetlights.
X
This could occur
at the rezoning
or master
development
plan phase.
*Also a safety
issue.
§ 144.21. Stormwater management. [Amended 12-11-1991]
B. In addition, a stormwater management plan for a land development project
shall be developed so that, from the site, the postdevelopment peak runoff
rate from a two-year storm and a ten-year storm, considered individually,
shall not exceed the predevelopment rates. Predevelopment and
postdevelopment runoff rates shall be verified by calculations that are
consistent with good engineering practices, County and state standards and
acceptable to Frederick County. The Planning Commission Subdivision
Administrator shall may exempt subdivisions in which all lots are 15,000
square feet or more in area from the above requirements; this waiver shall
only be permitted when acceptable to the Director of Public Works.
(6) Regional facilities.
In such
cases, the exempted subdivision shall meet the requirements of the State
Erosion and Sediment Control Regulations, VR 625-03-22, Paragraph 19.
(a) Where land to be subdivided lies within a watershed designated
by the Frederick County Comprehensive Plan as one in which the
most efficient stormwater management would be achieved
through regional stormwater facilities, the subdivider shall
contribute a pro rata share of the cost of the necessary drainage
facilities which may be outside the limits of the land owned or
X
* Site Plan or
Subdivision Plan
Phase
*Administrative
approval
ATTACHMENT 1
PC Waivers
Attachment #1 Page - 13
controlled by the subdivider but which are required, at least in
part, by the proposed improvements, as provided for in § 15.2-
2245.1 of the Code of Virginia. In such cases, the Planning
Commission Subdivision Administrator may waive some or all of
the stormwater management requirements in this section
X
when
acceptable to the Director of Public Works.
* Site Plan or
Subdivision Plan
Phase
*Administrative
approval
§ 144.25. Utilities and easements.
B. Underground utilities. All electric, telephone and cable television lines shall
be installed underground. This requirement may be waived by the Planning
Commission Board of Supervisors
for subdivisions and lots in business and
industrial zoning districts not requiring an approved master development plan
or subdivisions in business and industrial zoning districts that were approved
prior to the adoption of this chapter. Underground utilities shall be required
in new industrial parks, office parks and shopping centers, as defined by
Chapter 165, Zoning, of the Frederick County Code. Underground utilities
shall be required in new subdivisions zoned B1 (Neighborhood Business).
X
This could occur
at the rezoning
or master
development
plan phase.
ATTACHMENT 2
BOS Waivers
Attachment #2 Page - 1
Chapter 165 – Zoning
Board of Supervisors Waivers – Modifications
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES
Code Section and Waiver Text
Administrative
Approval
BOS Action
Required
Part 202 – Off-Street Parking, Loading and Access
§ 165-202.04 Streets; Inter-parcel connectors.
All residential subdivisions of more than 10 lots in the RP, R-4, R-5, and MS (with
residential uses) Zoning Districts shall have streets connecting to adjoining parcels. If
adjoining parcels are developed or have had a subdivision plat approved, the
connecting street shall coordinate with the existing or platted streets in the adjoining
parcel. If an adjoining parcel is undeveloped, the location of the connecting street
shall be as shown on the Master Development Plan (MDP) approved by the Board of
Supervisors. This requirement for inter-parcel connector streets may be waived by
the Board of Supervisors
upon approval of the Master Development Plan (MDP) if the
Board finds: i) that a connector street to an adjoining parcel is not likely to be
needed; ii) that the connector street would be required to be placed in a location
which is impractical for location of a street; iii) that an adjoining undeveloped parcel
is not likely to be developed in a manner to make a connector street necessary or
appropriate; or iv) other good cause shown by the applicant not contrary to good
planning policy. All inter-parcel connectors, public or private, shall be built to the
Virginia Department of Transportation engineering standards.
X
*Waiver
proposed to
remain as is.
* This waiver
would need to
be imposed at
the master
development
phase.
Part 203 – Buffers and Landscaping
§ 165-203.02 Buffer and screening requirements.
It is the intent of the regulations of this section to encourage proper design of a site
in order to protect adjacent existing uses and to protect proposed uses within the
site. Certain types of uses must be buffered from other types in order to ensure a
desirable living environment. Additionally, appropriate distances must be maintained
between commercial, industrial and residential uses and roads.
D. Zoning district buffers. Buffers shall be placed on land to be developed when it
adjoins land in certain different zoning districts.
(1) Buffers shall be provided on the land to be developed according to the
categories in the following tables:
(3) Whenever land is to be developed in the B-1 (Neighborhood, Business) or B-2
(Business, General) Zoning District that is adjacent to land primarily used for
residential use in the RA (Rural Areas) Zoning District, a B Category buffer
shall be provided on the land to be developed. The Board of Supervisors
be required to specify the restrictions to be placed on the environmental areas.
may
grant a waiver to reduce the required buffer distance requirements with the
consent of the adjacent (affected) property owners. Should a waiver be
granted by the Board of Supervisors, the distance requirements of § 165-
203.02D(1)(a) may be reduced, provided the full screening requirements of
this section are met.
X
*Waiver
proposed to
remain as is.
*This waiver
could impact
adjacent
residential
properties and
therefore should
be a BOS waiver.
Part 204 – Additional Regulations for Specific Uses
ATTACHMENT 2
BOS Waivers
Attachment #2 Page - 2
§ 165-204.19 Telecommunication facilities, commercial.
The intent of this section is to ensure that the siting of commercial
telecommunication facilities occurs through the conditional use permit public hearing
process defined in Article I, Part 103 of this chapter. Commercial telecommunication
facilities that locate on existing structures and towers shall be exempt from the
conditional use permit requirement. The siting of commercial telecommunication
facilities is permitted within the zoning districts specified in this chapter, provided
that residential properties, land use patterns, scenic areas and properties of
significant historic value are not negatively impacted.
B. The following standards shall apply to any property in which a commercial
telecommunication facility is sited, in order to promote orderly development and
mitigate the negative impacts to adjoining properties:
(2) Monopole-type construction shall be required for new commercial
telecommunication towers. The Board of Supervisors
may allow lattice-
type construction for new telecommunication towers when existing or
planned residential areas will not be impacted and when the site is not
adjacent to identified historical resources.
X
*Waiver
proposed to
remain as is.
* This waiver
would need to
be imposed at
the conditional
use permit
phase.
§ 165-204.24. Tractor Truck and Tractor Truck Trailer Parking.
Tractor truck and/or tractor truck trailer parking facilities in the B3 (Industrial
Transition), M1 (Light Industrial) and M2 (Industrial General) Zoning Districts
permitted as a primary use with a conditional use permit shall meet the following
conditions:
(6) Facilities shall be required to landscape the yard area within the front
setback to provide for a double row of evergreen trees (minimum of two
different species). The on-center distance between each tree in the
staggered double row shall not exceed the widest width of the selected
evergreen trees. At no point shall the offset between each evergreen tree
planted in the staggered double row be less than 90 degrees. The side and
rear yards shall be planted with a single row of evergreen trees that are
planted a maximum of 40 feet on center. All trees shall be a minimum of six
feet in height at the time of planting. The Board of Supervisors
may allow
for alternative landscaping based on topography and/or adjacent land uses.
X
*Waiver
proposed to
remain as is.
* This waiver
would need to
be imposed at
the conditional
use permit
phase.
§ 165-204.25. Flea Markets.
Flea Markets where allowed in the RA (Rural Areas) Zoning District shall meet the
following requirements.
(6) 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.
X
*Waiver
proposed to
remain as is.
* This waiver
would need to
be imposed at
the conditional
use permit
phase.
ATTACHMENT 2
BOS Waivers
Attachment #2 Page - 3
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
Part 401 – RA Rural Areas District
§ 165-401.06 Permitted lot sizes.
C. Rural preservation lots.
(3) Board of Supervisors waiver of division restriction.
(a) The designated Rural Preservation Tract may be released from the
restrictions of Subsection D(1) after a period of 10 years from its creation
through the rezoning process.
(b) The rezoning shall be consistent with the goals of the Frederick County
Comprehensive Policy Plan in effect at the time of the rezoning
application.
(c) The designated Rural Preservation Tract which is within the Urban
Development Area (UDA) at the time of its creation, or is included within
the UDA as a result of a future expansion of the UDA, shall be eligible for
rezoning at that point and shall not be subject to the ten-year restriction
on rezoning
X
*Waiver
proposed to
remain as is.
* This waiver
would need to
be imposed at
the rezoning
application
phase.
§ 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.
(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:
B. Rural preservation lots. The minimum setbacks from rural preservation lot lines
which adjoin other rural preservation lots shall be as set out below. Side and rear
setbacks from rural preservation lot lines which adjoin any parcel other than
Adjoining Parcel Size
Setback (Side
and Rear)
(feet)
6 acres or less 50
More than 6 acres 100
Orchard 200
Agricultural and
Forestral District
200
ATTACHMENT 2
BOS Waivers
Attachment #2 Page - 4
another rural preservation lot shall be determined by § 165-401.07A(2) of this
chapter.
(1) Front setback. The front setback for any principal or accessory use or structure
shall be 60 feet from the right-of-way of any existing state-maintained road
and 45 feet from the right-of-way of any existing private ingress/egress
easement or state-maintained road constructed to serve the subdivision.
(2) Side setback. No principal use or structure shall be located closer than 15 feet
from any side lot line.
(3) Rear setback. No principal use or structure shall be located closer than 40 feet
from any rear lot line.
C.
Board waiver. The Board may allow the above-referenced setbacks to be reduced
if the constraints of the setbacks create an undue hardship on existing parcels of
record. Such requests and justification to reduce the setbacks shall be presented
to the Planning Commission for a recommendation that is forwarded to the Board
of Supervisors.
X
*Waiver
proposed to
remain as is.
*This waiver
could impact
adjacent
residential
properties and
therefore should
be a BOS
Waiver.
Part 402 – RP Residential Performance District
§ 165-402.07 Open space requirements.
D. The minimum required open space percentages provided in § 165-402.07A of this
chapter may be reduced for residential developments which provide for active
recreational areas and amenities, upon the granting of an open space waiver
issued by the Board of Supervisors
. In no case shall the required open space (per
§ 165-402.07A) be reduced more than 50% for single-family detached housing
types (excluding single family small lot), and no more than 25% for all other
residential housing types and mixtures. Active recreational areas and amenities
shall be incorporated within the development's common open space and be for
the use of and maintained by the subject development's property owner's
association. The active recreational area and amenity value shall be equivalent to
the value of four recreational units for each 30 dwelling units. The active
recreational area and amenity value and design shall be approved by the
Subdivision Administrator in conjunction with the Director of Parks and
Recreation. These open space active recreational areas and amenities shall be in
addition to the recreational facilities identified in § 165-402.08. The gross density
requirements as required in §§ 165-402.05 and 165-402.06 shall not be exceeded
through the reduction of common open space. Requests for an open space
reduction waiver would be considered by the Board of Supervisors during the
master development plan process. Acceptance of the reduced open space request
will be based on the quality of the open space and the recreational amenities
provided.
X
*Waiver
proposed to
remain as is.
* This waiver
would need to
be imposed at
the master
development
phase.
§ 165-402.08 Recreation facilities.
A. Housing types with lot sizes of less than 5,000 square feet 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-
ATTACHMENT 2
BOS Waivers
Attachment #2 Page - 5
appropriate recreational units for each 30 dwelling units. The facilities shall be in a
configuration and location that is easily accessible to the dwelling units that they
are designed to serve. The design and amount of facilities shall be approved by
the Planning Commission, in conjunction with the Administrator and 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.
X
*Waiver
proposed to
remain as is.
* This waiver
would need to
be imposed at
the master
development
phase.
§ 165-402.09 Dimensional requirements.
Q. Age-restricted multifamily housing
(8)
. "Age-restricted multifamily housing" is
multifamily buildings where individual dwelling units share a common outside
access. They also share a common yard area, which is the sum of the required lot
areas of all dwelling units within the building. Age-restricted multifamily housing
shall only be permitted within proffered age-restricted developments. Elevator
service shall be provided to each floor of age-restricted multifamily housing
structures for use by residents and guests.
Maximum building height shall be as follows:
(a) The maximum structure height for any principal building shall be 40 feet.
The Board of Supervisors
may waive the forty-foot height limitation,
provided that it will not negatively impact adjacent residential uses. In no
case shall any principal building exceed 60 feet in height.
X
*Waiver
proposed to
remain as is.
* This waiver
would need to
be imposed at
the rezoning or
master
development
phase.
ARTICLE V
PLANNED DEVELOPMENT DISTRICTS
Part 501 – R4 Residential Planned Community District
§ 165-501.06 Design requirements.
I. Road access. All planned community developments shall have direct access to an
arterial or collector road or to roads improved to arterial or collector standards.
The planned community development shall be provided with a complete system of
public streets dedicated to the Virginia Department of Transportation. All roads in
the development shall be provided with curbing and gutters. The Board of
Supervisors Zoning Administrator may approve certain exceptions to the
requirement for curbs and gutters, after review by the Planning Commission if
determined to be acceptable by the Director of Public Works
X
, in order to
implement a particular stormwater management plan. The road system shall
conform with the Frederick County Comprehensive Plan and with road
improvement plans adopted by the County.
* Subdivision
Phase
*Administrative
approval
*This change
would make the
waiver consistent
with the recent
LID ordinance
amendments.
Part 502 – R5 Residential Recreational Community District
§ 165-502.05 Design requirements.
R. Environmental protection. Upon recommendation of the Planning Commission,
the Board of Supervisors
may allow waivers of, or variations to, the
environmental requirements of § 165-201.08 of this chapter in residential
X
*Waiver
proposed to
remain as is.
ATTACHMENT 2
BOS Waivers
Attachment #2 Page - 6
recreational communities. Such waivers shall be shown on the master
development plan. In such cases, the environmental features and their function
shall be preserved to the greatest extent possible.
* This waiver
would need to
be imposed at
the master
development
phase.
Part 504 – MS Medical Support District
§ 165-504.04 Access regulations.
F. All permitted land uses shall be designed to provide for internal traffic circulation
and interparcel connectors to adjoining land uses to provide for access between
uses without entering onto urban collector streets. The Board of Supervisors
Zoning Administrator
X
may grant a waiver to this requirement if topographic
constraints or land use conflicts prevent interparcel connectivity or make it
undesirable.
* Subdivision
Phase
*Administrative
approval
ARTICLE VI
BUSINESS AND INDUSTRIAL ZONING DISTRICTS
Part 609 – HE Higher Education District
§ 165-609.05 Height limitation.
The maximum structure height shall be 45 feet. The Board of Supervisors
may waive
the 45 foot height limitation provided that it will not negatively impact adjacent
residential uses. In considering the height waiver, the Board of Supervisors may
require architectural renderings that demonstrate potential impacts on adjacent
residential uses. In no case shall any structure exceed 75 feet in height.
X
*Waiver
proposed to
remain as is.
*This waiver
could impact
adjacent
properties and
therefore should
be a BOS
Waiver.
ARTICLE VII
OVERLAY DISTRICTS
Part 705 – TNDB Traditional Neighborhood Design-Business Overlay District
§ 165-705.04 Use, density, dimensional and intensity regulations.
D. A waiver from the maximum front yard setback on collector or minor streets may
be granted by the Board of Supervisors
at the time of rezoning to enable areas
open to the public such as pocket parks and outdoor seating.
X
*Waiver
proposed to
remain as is.
* This waiver
would need to
be imposed at
the rezoning
phase.
§ 165-705.06 Design standards.
G. Buffers and screening. Buffers and screening shall be provided on each lot or
parcel on which any use is established according to the requirements of this
section.
(1) Buffers and screening requirements shall be provided as required in § 165-
203.02 of this chapter for the underlying zoning district. Any residential
X
*Waiver
proposed to
remain as is.
*This waiver
ATTACHMENT 2
BOS Waivers
Attachment #2 Page - 7
dwelling units shall be treated as commercial floor space solely for the
purpose of buffers and screening requirements. Zoning district buffers shall
not be required along any existing road rights-of-way which border the
development. The Board of Supervisors
could impact
adjacent
residential
properties and
therefore should
be a BOS
Waiver.
may grant a waiver to reduce the
required buffer distance requirements with the consent of the adjacent
(affected) property owners. Should a waiver be granted, the distance
requirements of § 165-203.02 may be reduced, provided the full screening
requirements of the section are met.
Chapter 144 – Subdivision of Land
Board of Supervisors Waivers – Modifications
ARTICLE III - General Provisions
ARTICLE III - General Provisions
§ 144.4. Subdivision Administrator [Amended 5-22-1996]
A Subdivision Administrator shall be appointed by the Board of Supervisors and
entrusted to enact, administer and enforce the requirements of this chapter. The
Subdivision Administrator shall have the powers and duties specified in this chapter
as authorized by the Board of Supervisors. The Subdivision Administrator is
authorized to administratively approve or disapprove all divisions of land in the RA
Rural Areas District and all divisions of land in all other zoning districts that are within
an approved master development plan. The Subdivision Administrator shall have the
authority to forward any division of land, subdivision design plan or final plat to the
Planning Commission or Board of Supervisors for final approval.
X
The Planning
Commission
does not have
the ability to
approve plats.
§ 144.5. Interpretations and appeals.
The Subdivision Administrator shall have the authority to make interpretations
concerning the application of the requirements of this chapter. Any person aggrieved
by an interpretation made by the Subdivision Administrator may appeal that
interpretation to the Board of Supervisors, with a recommendation from the Planning
Commission. Variations to or exceptions to the provisions of this chapter may be
granted by the Board of Supervisors
in cases of unusual situations or when strict
adherence to the general regulations would result in substantial injustice or hardship.
X
*Waiver
proposed to
remain as is.
ARTICLE V - Design Standards
§ 144.17. Streets.
B. Street layout. The layout, width, grade, design and location of all streets
shall conform to the approved final master development plan, the standards
contained in the Frederick County Comprehensive Plan, Virginia Department
of Transportation requirements and the following regulations:
(2.) Provisions shall be made for the continuation of planned, existing or
platted streets on adjoining parcels. The design of such streets shall
be coordinated in terms of location, width, grades and drainage.
Such continuations shall be made to provide access to adjoining
parcels, to provide for streets identified in the Comprehensive Plan
and to provide for safe and adequate traffic patterns and access.
Such continuations may not be appropriate where they provide for
access between substantially different uses or where they will
result in adverse traffic impacts on existing neighborhoods or
existing traffic patterns and access. Where no lots front on the
road, the Board of Supervisors Zoning Administrator
may require
the design and grading of the right-of-way to conform to the
Virginia Department of Transportation standards with a minimum
X
* Subdivision
Phase
*Administrative
ATTACHMENT 2
BOS Waivers
Attachment #2 Page - 8
of temporary or permanent seeding. approval
C. Lot access. All lots shall abut and have direct access to a public street or
right-of-way dedicated for maintenance by the Virginia Department of
Transportation.
(1) Multiple-frontage lots. Corner lots with public street frontage on
two adjacent sides shall be allowed. Double-frontage lots with
public street frontage on two streets that do not intersect at the lot
shall be avoided, except where required to prevent direct access to
collector or arterial streets. Lots with public street frontage on
more than two sides shall be avoided.
(2) Multifamily and single-family small lot housing, single-family
attached housing and multifamily housing. [Amended 10-27-1999;
12-10-2008]
(a) Lots in subdivisions to be used for the following housing
types, as defined by Chapter 165, Zoning, need not abut public
streets:
[1] Duplexes.
[2] Multiplexes.
[3] Atrium houses.
[4] Townhouses.
[5] Weak-link townhouses.
[6] Garden apartments.
[7] Single-family small lot housing.
[8] Age-restricted multifamily housing.
(b) When such lots do not abut public streets, they shall abut
private roads, parking lots or access easements. The
length and extent of private roads, driveways and parking
aisles providing access to lots shall be minimized, and
public streets shall be provided in larger subdivisions when
substantial distances are involved. Individual lots shall be
no more than 1,000 feet from a state-maintained road, as
measured from the public street along the private access
road. The Board of Supervisors
(c)
may allow lots to be
located as much as 1,200 feet from a state-maintained
road in cases where enhanced circulation is provided with
a driveway loop.
The Board of Supervisors
may provide a waiver to the
public street requirement specified in § 144-24C to allow
for a complete system of private streets within proffered
age-restricted communities. This waiver may be
requested by the applicant during the consideration of a
rezoning application or during consideration of the master
development plan. The applicant is required to provide a
conceptual design which demonstrates the proposed
private street system layout and provides both the cross
section (horizontal and vertical) section dimensional base
and pavement detail that meets or exceeds VDOT
standards as a condition of requesting approval of a waiver
by the Board of Supervisors. [Added 3-22-2006]
X
*Both waivers
proposed to
remain as is.
* Both waivers
would need to
be imposed at
the master
development
phase.
ATTACHMENT 3
Zoning/Subdivision Administrator Waivers
Attachment #3 Page 1
Chapter 165 – Zoning
Zoning and Subdivision Administrator Waivers – Modifications
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES
Code Section and Waiver Text
Administrative
Approval
BOS Action
Required
Part 201 – Supplementary Use Regulations
§ 165-201.02 Setback requirements.
C. Exceptions to front yard setbacks. Where the average front yard setback distance
for adjacent lots is less than the minimum required front yard, the Zoning
Administrator
may allow a front yard setback distance less than normally
required on the lot to be developed. In such cases, the front setback distance for
the lot to be developed shall be the average of the minimum front setback
distances on developed lots on the same street or road within 200 feet of the lot
to be developed.
F. Extensions into setback yards. The following features may extend into setback
yards as described:
(8) Handicap-accessible ramps. An unroofed handicap-accessible ramp shall be
permitted to encroach into a required yard when there are no other
reasonable alternatives for the location of such ramp on the property or
other means of ingress/egress into or from the residence as determined by
the
X
Frederick County Zoning Administrator.
*Waiver proposed
to remain as is.
*Waiver would
occur at the
building permit
phase.
X
*Waiver proposed
to remain as is.
*Waiver would
occur at the
building permit
phase.
§ 165-201.06 Signs.
F. Minimum spacing between freestanding signs. The minimum distance separating
freestanding signs shall be 100 feet. The Zoning Administrator
X
may allow two
signs to be separated by less than 100 feet in order to allow the signs to share an
appropriate location. In such cases, the two signs shall be separated from other
signs by a distance of 100 feet plus the distance by which the separation between
the two signs was reduced from the required 100 feet.
*Waiver proposed
to remain as is.
X
* Site Plan Phase
*Administrative
approval
§ 165-201.07 Outdoor Lighting.
A. General Outdoor Lighting Standards.
1. All outdoor lighting fixtures shall be designed, shielded, aimed,
located and maintained to shield adjacent properties and to not
produce glare onto adjacent properties or road right-of-ways.
Parking lot fixtures and light fixtures on buildings shall be full cut-
off fixtures. Within residential developments the Zoning
Administrator
may approve alternate parking lot fixtures so long as
the intent of this ordinance is met.
3. Light fixtures, including mounting base, shall not be more than
twenty-five (25) feet in height above finished grade. On land in the
M1 (Light Industrial), M2 (Industrial General) and EM (Extractive
X
*All three waivers
are proposed to
remain as is.
X
* Site Plan Phase
*Administrative
approval
ATTACHMENT 3
Zoning/Subdivision Administrator Waivers
Attachment #3 Page 2
Manufacturing) Zoning Districts that is contained within an
approved master development plan, the Zoning Administrator
may
allow light fixtures to exceed 25 feet in height if additional security
is required, provided that the site is not adjacent to property used
for residential or agricultural uses. In no case shall light fixtures in
the M1, M2 and EM Districts exceed 45 feet in height.
4. Light fixtures shall be placed outside of the paved areas of a site.
Lighting fixtures shall be placed within landscaped islands or in the
perimeter green space of the site. The Zoning Administrator may
allow light fixtures to be placed in alternative locations for uses
such as motor vehicle display areas or storage areas so long as the
intent of this ordinance is met.
§ 165-201.08 Protection of environmental features.
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:
(6) Steep slopes. No more than 25% of steep slopes, as defined, shall be
disturbed or regraded. The Zoning Administrator
X
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.
*Waiver proposed
to remain as is.
X
* Site Plan or
Subdivision Phase
*Administrative
approval
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.
(4) Procedure for Adjustments to Parking Requirements.
b) Parking for Mixed Uses and Loading Facilities. In the case of
mixed uses (not qualifying as accessory) or two or more
buildings upon a single lot or unified parcel or upon contiguous
parcels, the total requirements for parking and loading facilities
shall be the sum of the requirements of the various uses
computed separately. However, cumulative parking
requirements for mixed-use occupancies may be reduced
where the Zoning Administrator
determines that the peak
requirement of the several occupancies occurs at different
times (either daily or seasonally), and the parking demand can
be provided on the premises.
c) Captive Market. Parking requirements for retail and restaurant
uses may be reduced where the Zoning Administrator
determines that some portion of the patronage of these
businesses comes from other uses (i.e., employees of area
offices patronizing restaurants) located within the same
building or a maximum walking distance of 400 feet.
X
*Waiver proposed
to remain as is.
X
* Site Plan Phase
*Administrative
approval
ATTACHMENT 3
Zoning/Subdivision Administrator Waivers
Attachment #3 Page 3
§ 165-202.01 Off-street parking; parking lots.
D. Parking lots. Parking spaces shared by more than one dwelling or use,
required for any use in the business or industrial zoning district or required
for any institutional, commercial or industrial use in any zoning district shall
meet the following requirements:
(1) Surface materials. In the RP Residential Performance District, the R4
Residential Planned Community District, the R5 Residential Recreational
Community District, the MH1 Mobile Home Community District, the B1
Neighborhood Business District, the B2 Business General District, the B3
Industrial Transition District, the OM Office-Manufacturing Park District,
the M1 Light Industrial District, the M2 Industrial General District MS
Medical Support District, RA (Rural Areas) District and the HE (Higher
Education) District, parking lots shall be paved with concrete,
bituminous concrete or similar materials. Such surface materials shall
provide a durable, dust and gravel-free, hard surface.
a. The Zoning Administrator
b. In the RA (Rural Areas) District parking lots with (10) or fewer
spaces shall be permitted to utilize gravel surfaces.
may allow for the use of other hard-
surface materials for parcels located outside of the Sewer and
Water Service Area if the site plan provides for effective
stormwater management and efficient maintenance. In such
cases, parking lots shall be paved with a minimum of double
prime-and-seal treatment or an equivalent surface.
c. Reinforced grass systems, permeable paving systems, or other
suitable materials may be used for overflow parking areas, low
volume access ways in all Zoning Districts and for agricultural
uses in the RA (Rural Areas) District. Parking areas utilizing
these materials shall have defined travel aisles and designated
parking bays. These materials shall only be utilized with
approval of the Frederick County Zoning Administrator and the
Director of Public Works.
(2) Space demarcation. For single-family attached and multi-family
developments, required off-street parking spaces shall be demarcated
by four-inch durable white lines painted on the pavement or curb. Any
other proposed color and size will require approval of the Zoning
Administrator.
Full delineation by four inch wide lines painted on the
pavement the full width of or length of the parking stall or parking
spaces shall be required in commercial, office and industrial
developments. Where paved parking areas are not required,
delineation of parking spaces shall be by the use of individual wheel
stops or other acceptable means for each unpaved parking space.
Signs and pavement markings shall be utilized, as necessary, to ensure
safe traffic movement and pedestrian access and to designate
handicapped parking spaces.
(3) Curbs and gutters. Concrete curbing and gutters shall be installed
around the perimeter of all parking lots. When stormwater drains away
from the curb, gutter pans shall not be required for parking areas that
abut buildings when sidewalks with turndown curbing are used. All
curbing shall be a minimum of six inches in height. All parking lots shall
be included within an approved stormwater management plan.
X
*Waiver proposed
to remain as is.
X
* Site Plan or
Subdivision Phase
*Administrative
approval
X
*Waiver proposed
to remain as is.
X
* Site Plan or
Subdivision Phase
*Administrative
approval
ATTACHMENT 3
Zoning/Subdivision Administrator Waivers
Attachment #3 Page 4
a. In the B3 Industrial Transition District, the OM Office-
Manufacturing Park District, the M1 Light Industrial District
and the M2 Industrial General District the use of header curb
shall be permitted in areas where the use of gutters is not
necessary for stormwater management purposes.
b. The Zoning Administrator
c. The
may allow for the use of concrete
bumpers instead of curbing for parcels located outside of the
Sewer and Water Service Area if the site plan provides for
effective stormwater management and efficient maintenance.
Zoning Administrator
may allow for the elimination of curb
and gutter for parcels located inside of the Sewer and Service
Area when necessary to implement low impact development
design. This shall only be permitted where practices such as
bio-retention, infiltration trenches, and rain gardens are used
and only where it can be demonstrated that soil conditions are
favorable, or if an adequate under-drain is included in the
design and only when approved by the Director of Public
Works.
(4) Raised islands. Raised islands shall be installed at the ends of all parking
bays abutting an aisle or driveway in the RP Residential Performance
District, the R4 Residential Planned Community District, the R5
Residential Recreational Community District, the MH1 Mobile Home
Community District, the B1 Neighborhood Business District, the B2
Business General District, the B3 Industrial Transition District, the OM
Office-Manufacturing Park District, the M1 Light Industrial District, the
M2 Industrial General District, the MS Medical Support District, and the
HE (Higher Education) District. The raised islands shall be bordered by a
six inch concrete or rolled asphalt curb. All islands shall be at least nine
feet wide and shall extend the length of the parking space or bay. The
islands shall be landscaped with grass, shrubs, or other vegetative
materials.
a. The Zoning Administrator
b. The
may waive the requirement for
raised islands for parcels located outside of the Sewer and
Water Service Area when curb and gutter is not proposed.
Zoning Administrator
may approve modifications to the
landscaped islands for parcels located inside of the Sewer and
Service Area when necessary to implement low impact
development design and where approved by the Director of
Public Works.
(10) The Zoning Administrator
may approve alternative parking space size,
space demarcation, aisle dimensions and parking islands for areas used
for the display or storage of vehicles for sale by a vehicle dealer. Upon a
change of use for the property or site, the spaces, demarcation, aisles
and islands must be revised to conform to this ordinance.
(12) Drive-in lanes. Drive-in lanes shall be required for all drive-in or pickup
facilities. Drive-in lanes shall be designed to provide for a minimum
width of nine feet and a minimum stacking distance of 90 feet. Canopy
supports and raised concrete pads designed to support pneumatic
tubes, automatic teller machines and other structures shall not be
X
*Waiver proposed
to remain as is.
X
* Site Plan or
Subdivision Phase
*Administrative
approval
X
*Waiver proposed
to remain as is.
X
* Site Plan or
Subdivision Phase
*Administrative
approval
X
*Waiver proposed
to remain as is.
X
* Site Plan or
Subdivision Phase
*Administrative
approval
ATTACHMENT 3
Zoning/Subdivision Administrator Waivers
Attachment #3 Page 5
located within the area required for minimum drive-in lane widths. All
drive-in lanes shall be clearly separated from parking spaces, travel
aisles, maneuvering areas and driveways. The Zoning Administrator
may reduce the minimum stacking distance of drive-in lanes for retail
uses with less than 150 square feet of floor area if it can be
demonstrated that the vehicular frequency for the use does not warrant
multiple vehicle stacking.
(13) Landscaping. Parking lots in the RP Residential Performance
District, the R4 Residential Planned Community District, the R5
Residential Recreational Community District, the MH1 Mobile
Home Community District, the B1 Neighborhood Business District,
the B2 Business General District, the B3 Industrial Transition
District, the OM Office-Manufacturing Park District, the M1 Light
Industrial District, the M2 Industrial General District, the MS
Medical Support District, and the HE (Higher Education) District
shall be landscaped to reduce the visual impact of glare and
headlights on adjoining properties and rights-of-way. Parking lots
shall be adequately shaded to reduce reflected heat. In the RA
(Rural Areas) District, parking lot landscaping shall not be required
for parking lots with 10 or fewer spaces. Landscaping shall also be
provided to reduce the visual expansiveness of parking lots.
Landscaping shall be provided in such parking lots as follows:
b) Interior landscaping. A minimum of 5% of the interior portions
of parking lots shall be landscaped for the purpose of providing
shade trees. Such interior landscaping shall be provided on
raised islands and in continuous raised strips extending the
length of a parking bay. Within the parking lot, raised islands
and landscaped areas should be uses to delineate traffic and
pedestrian circulation patterns. No less than one shade tree
shall be provided in the interior of the parking lot for each 10
parking spaces. The Zoning Administrator may waive the
requirement for interior landscaping for parcels located
outside of the Sewer and Water Service Area when curb and
gutter is not proposed. The Zoning Administrator
may approve
alternative locations for interior landscaping for parking lots
used for truck parking, as well as other parking lots, when it
would improve the overall quality of the landscape plan. All
interior landscaping shall comply with the requirements of §
165-203.01B, Plant selection, planting procedure and
maintenance.
X
*Waiver proposed
to remain as is.
X
* Site Plan or
Subdivision Phase
*Administrative
approval
§ 165-202.02 Loading areas.
B. Design standards.
(4) Surface materials and curb and gutter. Loading areas shall meet the surface
material and curb and gutter requirements for one of the following
categories:
(d) Stormwater management plan and erosion control plan requirements.
The Zoning Administrator
X
may require curb and gutter and different
*Waiver proposed
to remain as is.
X
* Site Plan or
Subdivision Phase
*Administrative
approval
ATTACHMENT 3
Zoning/Subdivision Administrator Waivers
Attachment #3 Page 6
surface materials for loading areas when necessary to implement a
stormwater management plan or an erosion control plan.
§ 165-202.03 Motor vehicle access.
A. New driveways.
(7) Spacing exceptions. New driveways with entrances on arterial or primary
highways which do not meet the above spacing requirements shall be
allowed only when access meeting the spacing requirements cannot be
provided from the arterial highway to the individual property by using one
of the following methods:
(b) Shared access. When a lot is created on a collector road or arterial
highway, shared means of access to the road or highway shall be
created by access easement, shared driveway or other means to ensure
that the spacing requirements have been met.
[1] When a lot is divided or developed that can be provided with a
driveway meeting the spacing requirements but that is adjacent to
other parcels or lots that will not be able to have entrances meeting
the spacing requirements, means of highway access to the
adjoining property may be required by the Zoning Administrator
or
Planning Commission on the lot to be divided or developed.
(14) Private roads providing lot access to multifamily and single-family small lot
housing, as permitted in §144-24 of the Subdivision Ordinance, shall be a
minimum of 20 feet in width. The pavement design for the private roads
shall include eight inches of aggregate base material, Type I, Size No. 21-B,
and shall be paved with a 165 No. psy asphalt concrete, Type SM-2A, surface
treatment. In addition, curb and gutters, standard curb CG-6, CG-7 or roll-
top curb and sidewalks shall be provided along private roads; however, the
Zoning Administrator may approve a waiver of sidewalks on private streets,
provided that another recreational amenity is substituted for the sidewalk.
Additionally, the Zoning Administrator
may waive the requirement for curb
and gutters and allow alternate pavement design to accommodate low
impact design provided that the private road design is determined to be
acceptable by the Director of Public Works.
X
* Site Plan or
Subdivision Phase
*Administrative
approval
X
*Waiver proposed
to remain as is.
X
* Site Plan or
Subdivision Phase
*Administrative
approval
Part 203 – Buffers and Landscaping
§ 165-203.01 Landscaping requirements.
The requirements of this section are intended to enhance the appearance,
environment, and general welfare of the citizens of Frederick County by providing
minimum landscaping standards and encouraging tree preservation for residential
developments.
A. Residential developments. Residential developments which require a master
development plan, subdivision design plan or site plan shall provide at least one
of the three types of landscaping identified below.
(1) Street tree landscaping. Street tree landscaping shall require one street tree
for every 40 feet of street frontage in a residential development, with the
exception of frontage on roads which require a road efficiency buffer. Street
trees shall be planted no more than 20 feet from rights-of-way. Planting
ATTACHMENT 3
Zoning/Subdivision Administrator Waivers
Attachment #3 Page 7
street trees on the property lines of building lots should be avoided. Two or
more street trees shall be planted on each building lot. The Zoning
Administrator
may allow fewer than two street trees for an individual
building lot if topographical features, utilities, easements, or the width of
the lot makes it impractical to do so. All street trees shall comply with the
requirements of § 165-203.01B, with the exception that street trees must be
at least two-and-one-half-inch caliper at the time of planting.
(2) Ornamental landscaping.
(b) Ornamental trees and shrubs shall comply with the requirements of
§ 165-203.01B. The Zoning Administrator
may allow some of the
required ornamental trees and ornamental shrubs to be planted in
areas of common open space so long as the intent of this section is met.
B. Plant selection, planting procedure, and maintenance.
(3) Maintenance. The owner, developer, and/or builder who is responsible for
planting required landscaping shall be responsible for maintaining it in a state
of good health for one year after planting. After one year, from the date
occupancy is approved, the individual property owner and/or homeowner's
association shall become responsible for maintenance. As long as the intent
of this section is met, the Zoning Administrator
may waive the requirement
for landscaping on individual building lots when a hazard or nuisance exists.
D. Zoning district buffers. Buffers shall be placed on land to be developed when it
adjoins land in certain different zoning districts.
(6) The Zoning Administrator
may waive any or all of the requirements for the
zoning district buffers on a particular site plan when all uses shown on the
site plan are allowed in the zoning district in which the development is
occurring and in the adjoining zoning districts.
(7) The Zoning Administrator
X
may waive, reduce and/or modify buffer yard
requirements (distance and landscaping) if in his opinion the topography of
the lot providing the buffer yard and the lot being protected is such that the
required yard would not be effective. The buffer may also be modified to
maintain highway sight distances.
*All waivers
proposed to
remain as is.
X
* Site Plan or
Subdivision Phase
*Administrative
approval
Part 204 – Additional Regulations for Specific Uses
§ 165-204.26. Public Utilities.
A. Public Utilities. Lot requirements for lots used by political subdivisions,
municipal corporations, the Virginia Department of Transportation, the
Frederick-Winchester Service Authority, or the Frederick County Sanitation
Authority for public utility purposes shall be as follows:
(1) In all zoning districts, the Zoning Administrator
shall have the
authority to determine the minimum lot size necessary for such public
utilities and the appropriate setbacks for such lots used for public
utility purposes.
X
*Waiver proposed
to remain as is.
X
* Subdivision
Phase
*Administrative
approval
ATTACHMENT 3
Zoning/Subdivision Administrator Waivers
Attachment #3 Page 8
ARTICLE V
PLANNED DEVELOPMENT DISTRICTS
Part 502 – R5 Residential Recreational Community District
§ 165-502.05 Design requirements.
B. Dimensional requirements.
(3) Existing lots. The Zoning Administrator
X
may allow reduced yard setbacks on
existing lots of record, by a distance of up to 25% of the required setback,
where topography or other environmental constraints create a hardship. To
be considered a hardship, all conditions specified in § 165-1001.02C(5) of the
Frederick County Zoning Ordinance must be met.
*Waiver proposed
to remain as is.
*Waiver would
occur at the
building permit
phase.
ARTICLE VI
BUSINESS AND INDUSTRIAL ZONING DISTRICTS
Part 608 – EM Extractive Manufacturing District
§ 165-608.04 Landscaping.
Appropriate landscaping or screening may be required by the Zoning Administrator
X
or
Planning Commission within any required yard setback area in order to reasonably
protect adjacent uses from noise, sight, dust or other adverse impacts.
*Waiver proposed
to remain as is.
X
* Site Plan Phase
*Administrative
approval
ARTICLE VII
OVERLAY DISTRICTS
Part 705 – TNDB Traditional Neighborhood Design-Business Overlay District
§ 165-705.05 Off-street parking; parking lots.
Off-street parking shall be provided on each lot or parcel on which any use is
established according to the requirements of this section.
A. Required parking spaces.
(3) Required parking spaces for commercial uses shall be in accordance with
§ 165-202.01 of this chapter. The Zoning Administrator
may allow some
variation in the standards for required parking for the commercial uses based
on detailed parking demand studies provided by the applicant.
X
*Waiver proposed
to remain as is.
X
* Site Plan Phase
*Administrative
approval
ARTICLE IX
NONCONFORMING USES, STRUCTURES AND SIGNS
Part 901 – Nonconforming Uses, Structures and Signs.
§ 165-901.04 Expansions and modifications.
C. All legally nonconforming uses and structures not specified in § 165-901.04A or
§ 165-901.04B may expand or modify one time if the expansion or modification
does not increase the degree of nonconformity, and does not result in an overall
expansion of more than 2,000 square feet or 50%. Measurements shall be based
on gross floor area for structures and total land area for uses. Legally
nonconforming residential structures may expand beyond 2,000 square feet or
50% if the expansion or modification does not increase the degree of
nonconformity. The Zoning Administrator Board of Supervisors
may allow the
expansion of legally nonconforming structures and the construction of new
structures with the same setback of the existing legally nonconforming structure,
provided that all other conditions of the Frederick County Zoning Ordinance are
met.
X
*This waiver
could impact
adjacent
properties and
therefore should
be a BOS waiver.
ATTACHMENT 3
Zoning/Subdivision Administrator Waivers
Attachment #3 Page 9
Chapter 144 – Subdivision of Land
Zoning and Subdivision Administrator Waivers – Modifications
ARTICLE V
Design Standards
§ 144.18. Sidewalks and pedestrian walkways.
A. Sidewalks shall be installed in the right-of-way and adjacent to the boundary
of the right-of-way of all proposed and existing streets and shall contain
adequate handicapped ramps at all intersections at intervals acceptable to
the Virginia Department of Transportation. There shall be a minimum two
foot wide grass strip or swale between the street edge and the sidewalk,
where sidewalks are required. Sidewalks are required as follows:
1. Along both sides of all local streets in any subdivision in the RP
(Residential Performance), R4 (Residential Planned Community), R5
(Residential Recreational Community) Districts and residential areas in
the MS (Medical Support) Districts. If low impact development
techniques are utilized within a project, the Subdivision Administrator
may allow sidewalks to be placed on only one side of a local street
within any residential subdivision.
2. Along both sides of all collector and arterial streets in any zoning
district within the Urban Development Area and/or the Sewer and
Water Service Area. The Subdivision Administrator
may waive the
sidewalk requirement for one side of a collector road within a master
planned industrial park when a 10’ asphalt pedestrian facility has been
or is planned to be constructed on the opposite side of the collector
roadway, and only in such cases that the sidewalk has been deemed
unnecessary along said collector roadway.
B. The Subdivision Administrator
may waive the sidewalk requirement along
local streets when the pedestrian walkways are provided that allow
pedestrian access to each lot or use. Such walkways must provide
appropriate connections to pedestrian systems throughout the development
and on adjoining properties.
C. All sidewalks and walkways shall be a minimum of five feet wide. Sidewalks
shall conform to VDOT standards. Alternative designs and construction
materials for sidewalks and walkways may be approved by the Subdivision
Administrator to accommodate low impact design. These alternative
designs and materials shall only be permitted when acceptable to the
Subdivision Administrator
and when approved by the Director of Public
Works and the Building Official.
X
*Waiver proposed
to remain as is.
*This is a 2012
Ordinance
amendment
X
*Waiver proposed
to remain as is.
*This is a 2012
Ordinance
amendment
X
*Waiver proposed
to remain as is.
*Administrative
approval
X
*Waiver proposed
to remain as is.
*This is a 2012
Ordinance
amendment