HomeMy WebLinkAbout035-25 (ProposedOrdAmendmentChapter165Zoning(ResidentialPlannedCommunityDistrictDesignRequirements)) RESOLUTION
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Action:
BOARD OF SUPERVISORS: September 10,2025 Adopted
DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING
REGARDING CHAPTER 165,ZONING ORDINANCE
ARTICLE V
PLANNED DEVELOPMENT DISTRICTS
PART 501 —R4 RESIDENTIAL PLANNED COMMUNITY DISTRICT
§165-501.06 DESIGN REQUIREMENTS
WHEREAS, a proposal to amend Chapter 165 —Zoning Ordinance to amend design requirements contained in
§165-501.06 for the R4 (Residential Planned Community)Zoning District to remove the minimum size required
and amend the residential density requirements; and
WHEREAS,the amendment will be referred to the Development Review and Regulations Committee(DRRC)
for review at their next regular meeting; and
WHEREAS,the Board of Supervisors discussed the proposed changes on September 10, 2025; and
WHEREAS, the Frederick County Board of Supervisors finds it appropriate and in the public necessity,
convenience, general welfare, and good zoning practice to direct the Frederick County Planning Commission
to hold a public hearing regarding an amendment to Chapter 165;
NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors, that in the
interest of public health, safety, general welfare, and good zoning practice, the Frederick County Planning
Commission to hold a public hearing to consider changes to Chapter 165-501.06 design standards.
Passed this September 10,2025,by the following recorded vote:
Chairman's Seat Vacant John Jewell Aye
Gainesboro Seat Vacant Robert W. Wells Aye
Blaine P. Dunn Aye Robert Liero Aye
Judith McCann-Slaughter Aye
A COPY ATTEST
Michael L.Bollhoe%er
Frederick County;•Administrator
No. 035-25 ''
1 V
COUNTY of FREDERICK
w
w B ® Department of Planning and Development
540/ 665-5651
158 Fax: 540/ 665-6395
MEMORANDUM
TO: Board of Supervisors
FROM: M. Tyler Klein,AICP, Senior Planner
SUBJECT: Ordinance Amendment—R4 District
DATE: September 2,2025
Proposal:
This is a proposal to amend Chapter 165 - Zoning Ordinance to amend design requirements contained in
§165-501.06 for the R4 (Residential Planned Community) Zoning District to remove the minimum size
required and amend the residential density requirements.
This ordinance amendment was initiated by staff,
Current Standard:
As stated in the ordinance:
The intention of the Residential Planned Community District is to provide for a mixture of housing types
and uses within a carefully planned setting. All land to be contained within the Residential Planned
Community District shall be included within an approved master development plan. The layout,phasing,
density and intensity of development is determined through the final approval of the master development
plan by the County. Special care is taken in the approval of the master development plan to ensure that the
uses on the land are arranged to provide for compatibility of uses, to provide environmental protection and
to avoid adverse impacts on surrounding properties and facilities. The district is intended to create new
neighborhoods with an appropriate balance between residential, employment and service uses. Innovative
design is encouraged. Special care is taken in the approval of R4 developments to ensure that necessary
facilities, roads and improvements are available or provided to support the R4 development. Planned
community developments shall only be approved in conformance with the policies in the Comprehensive
Plan.
The R4 district standards section was last comprehensively updated in 2013.
Summary& Requested Action:
This item is presented for information and discussion. Staff is seeking direction from the Board of
Supervisors on desired changes.Following a discussion,staff is seeking consensus from the Board to move
forward with this amendment and to authorize staff to hold public hearings(TBD).
MTK/pd
Attachment: 1. §165-501.06—R4 Residential Planned Community District—Design Requirements
(current)
Frederick County,VA
§ 165-501.01 § 165-501.03
PART 501
R4 Residential Planned Community District
§ 165-501.01. Intent. [Amended 3-13-20131
The intention of the Residential Planned Community District is to provide for a mixture of
housing types and uses within a carefully planned setting. All land to be contained within
the Residential Planned Community District shall be included within an approved master
development plan. The layout, phasing, density and intensity of development is determined
through the final approval of the master development plan by the County. Special care is taken
in the approval of the master development plan to ensure that the uses on the land are arranged
to provide for compatibility of uses, to provide environmental protection and to avoid adverse
impacts on surrounding properties and facilities. The district is intended to create new
neighborhoods with an appropriate balance between residential, employment and service uses.
Innovative design is encouraged. Special care is taken in the approval of R4 developments to
ensure that necessary facilities, roads and improvements are available or provided to support the
R4 development. Planned community developments shall only be approved in conformance with
the policies in the Comprehensive Plan.
§ 165-501.02. Rezoning procedure. [Amended 11-12-20031
In order to have land rezoned to the R4 District, a master development plan, meeting all
requirements of Article VIII of this chapter, shall be submitted with the rezoning application.
The rezoning shall be reviewed and approved following the rezoning procedures described by
this chapter, including procedures for impact analysis and conditional zoning. In adopting the
rezoning, the master development plan submitted will be accepted as a condition proffered for the
rezoning. The master development plan review procedures described by Article VIII must also be
completed concurrently with or following the consideration of the rezoning.
A. Impact analysis. Impact analysis, as required by this chapter, shall be used to evaluate all
potential impacts, including impacts on surrounding lands, the environment and on public
facilities and services.
B. Land dedication. Land shall be dedicated in planned community developments for roads and
facilities necessary to serve the development as described by the Comprehensive Plan, the
Capital Improvements Program and adopted road improvement programs.
C. Addition of land. The Board of Supervisors may approve the addition of land to an approved
planned community through the procedures set forth in this chapter for the original approval
of a planned community development.
§ 165-501.03. Permitted uses. [Amended 5-13-2015; 3-8-20231
All uses are allowed in the R4 Residential Planned Community District that are allowed in the
following zoning districts:
RP Residential Performance District
B 1 Neighborhood Business District
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§ 165-501.03 § 165-501.06
B2 Business General District
B3 Industrial Transition District
TM Technology-Manufacturing District
MI Light Industrial District
§ 165-501.04. Conditional uses. [Amended 5-25-2022; 3-8-20231
Uses permitted through a conditional use permit in the R4 Residential Planned Community
District shall include those uses allowed as conditional uses in the following zoning districts with
an approved conditional use permit,provided that a conditional use permit is approved for the use:
RP Residential Performance District
B1 Neighborhood Business District
B2 General Business District
B3 Industrial Transition District
TM Technology-Manufacturing District
M1 Light Industrial District
When a rezoning includes proffers that specifically identify allowance for designated conditional
uses on the property that is subject to the rezoning, subsequent approval of a conditional use
permit for any such designated conditional use(s) shall not be required as long as the use(s) takes
place consistent with the terms of the proffers and any master development plan required for the
property.
§ 165-501.05. Mixture of housing types required.
Each planned community shall be expected to contain a mixture of housing types that is typical
for existing and planned residential neighborhoods in Frederick County. No more than 40% of
the area of portions of the planned community designated for residential uses shall be used for
any of the following housing types: duplexes, multiplexes, atrium houses, weak-link townhouses,
townhouses or garden apartments or any combination of those housing types.
§ 165-501.06. Design requirements.
A. Minimum size. No planned community master development plan nor rezoning to the
Residential Planned Community District shall be approved for less than 100 contiguous
acres.
B. Dimensional requirements.
(1) Areas shall be specifically designated for each different use on the master development
plan. Within those areas, the uses shall meet the applicable dimensional requirements
set forth for those uses in the RP, B1, B2 and M1 Zoning Districts.
(2) Alternative dimensional requirement plan. An alternative dimensional plan may be
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Frederick County,VA
§ 165-501.06 § 165-501.06
included with the master development plan for the development. This plan shall
describe a system of dimensional requirements for all planned uses in the development.
When these dimensional requirements are approved, they shall constitute enforceable
amendments to this chapter, applying to the land included in the development, and
shall replace other dimensional requirements contained in this chapter. Such alternative
dimensional requirements shall be based on general concepts described by the plan
submitted. The Planning Commission and Board of Supervisors shall only approve
an alternative plan if the plan meets all of the intentions of this chapter, conforms
to policies set forth in the Comprehensive Plan and follows generally accepted good
planning practices. [Added 6-9-1993]
C. Residential density. The maximum allowed gross density for residences in the planned
community development shall be four units per acre.
D. Commercial and industrial areas. The areas used for commercial or industrial uses shall not
exceed 50% of the gross area of the total planned community. Sufficient commercial and
industrial areas shall be provided to meet the needs of the planned community, to provide an
appropriate balance of uses and to lessen the overall impact of the planned community on
Frederick County. A minimum of 10% of the gross area of the project shall be used for
business and industrial uses.
E. Open space. A minimum of 30% 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 the following environmental areas: lakes and ponds,
wetlands or steep slopes. The 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. [Amended 9-26-20121
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 Director of Planning in conjunction with 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. [Amended 9-26-2012]
G. Buffers and screening.
(1) Buffers and screening shall be provided between various uses and housing types as if
the uses were located in the RP, Bl, B2 or MI 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. In addition, along the perimeter boundary
of the Residential Planned 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, B2 and Ml Zoning Districts.
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§ 165-501.06 § 165-501.06
(2) Alternative buffer and screening plan. An alternative plan for buffers and screening and
the separation of uses may be included with the master development plan for the
development. This plan shall describe a specific system of buffers, screening and use
separation for all planned uses in the development. When these dimensional
requirements are approved,they shall constitute enforceable amendments to this chapter
applying to the land included in the development and shall replace other buffer and
screening requirements contained in this chapter. Such alternative requirements shall be
based on general concepts described by the plan submitted. The Planning Commission
and Board of Supervisors shall only approve an alternative plan if the plan meets all of
the intentions of this chapter, conforms to policies set forth in the Comprehensive Plan
and follows generally accepted good planning practices. Buffer and screening
requirements for the perimeter boundary of the planned community shall not be
included in the alternative buffer and screening plans. [Added 6-9-1993]
H. Sewer and water facilities. All planned community developments shall be served by public
sewer and water facilities owned by or dedicated to a public authority.
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 Zoning Administrator may approve certain exceptions to the
requirement for curbs and gutters, if determined to be acceptable by the Director of Public
Works, 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. [Amended 9-26-2012]
J. Pedestrian access. A system of pedestrian access, in the form of paved sidewalks or paved
interior walkways, shall be provided to allow walking between every use, structure or
recreational facility. Such walkways shall be connected with existing walkways adjacent to
the planned community development.
K. Stormwater management. The requirements of§ 165-201.09 of this chapter shall apply to the
total planned community development.
L. Landscaping. Landscaping shall be in conformance with an overall landscaping plan or
unifying concept for the development.
M. Phasing. A schedule of phases shall be submitted with each proposed planned community.
The schedule shall specify the year in which each phase will be completely developed. No
subdivision or site plans shall be approved in the planned community unless they are in
accordance with the approved schedule.
(1) If a Residential Planned Community District is proposed to be developed in phases, over
a period of time, common open space shall be provided with each phase in proportion
to the fraction of the total area of the development in each phase. Recreational facilities
shall be provided with each phase in proportion to the fraction of the total dwelling units
in each phase.
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§ 165-501.06 § 165-501.06
(2) Essential street entrances to the planned residential community shall be provided with
the initial phases of the development.
(3) A reasonable balance shall be maintained between residential and nonresidential uses.
The phasing plan for the development shall include a reasonable portion of the
nonresidential uses in all phases of the development. [Amended 6-9-19931
N. Property owners' association. All phases of a planned community development shall be
included under a single property owners' association according to the requirements of this
chapter.
O. Modifications; applicability of other regulations. [Amended 8-13-2003]
(1) An applicant may request as part of an application for rezoning to the R4 District that a
modification to specific requirements of the Subdivision Ordinance,' this chapter or
other requirements of the Frederick County Code applicable to physical development be
granted. The applicant shall demonstrate that the requested modification is necessary or
justified in the particular case by a demonstration that the public purpose of these
ordinances, as applied to the particular case, would be met to at least an equivalent
degree by such modification. The Board of Supervisors may approve or disapprove such
request, in whole or in part, following review by the Planning Commission.
(2) The applicant shall provide sufficient information to enable evaluation of the request by
the Board of Supervisors. Materials submitted should include or be supplemented by:
(a) Specification of the Code section(s) to be modified and the proposed alternative
standard;
(b) Exhibits demonstrating application of the modified standard such as a detailed plan
and/or elevation drawing; and
(c) Identification of the relationship of the modification to the overall community
concept.
(3) The planned community development shall conform with all regulations of this chapter
and the Frederick County Code unless specifically exempted by this Part 501 or
modified by the Board of Supervisors through the rezoning process.
1. Editor's Note:See Ch.144,Subdivision of Land.
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