Loading...
HomeMy WebLinkAboutDRRCAgenda2025December111.Zoning Ordinance Text Amendment Proposals 1.A.RP District Dimension Requirements This is a proposal to amend dimensional requirements for housing types contained in the RP (Residential Performance) Zoning District to allow for a new housing type, "rear load townhouses." This proposed amendment was initiated by a developer. 1.B.Public Utilities - Transmission and Distribution Facilities This is a proposal to amend Chapter 165 - Zoning Ordinance to include performance standards for Public Utilities in the RA (Rural Areas) Zoning District and to evaluate modifying the use permissions in the RA Zoning District. This ordinance amendment was initiated by the Board of Supervisors. AGENDA DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE THURSDAY, DECEMBER 11, 2025 4:00 PM FIRST-FLOOR CONFERENCE ROOM 107 NORTH KENT STREET, WINCHESTER VA 22601 DRRC12-11-25OA_RPDimensionRequirements.pdf DRRC12-11-25OA_PublicUtilities.pdf 1 Development Review and Regulations Committee Agenda Item Detail Meeting Date: December 11, 2025 Agenda Section: Zoning Ordinance Text Amendment Proposals Title: RP District Dimension Requirements Attachments: DRRC12-11-25OA_RPDimensionRequirements.pdf 2 ZONING ORDINANCE TEXT AMENDMENT RP Zoning District Dimensional Requirements Staff Report for the Development Review and Regulations Committee (DRRC) Prepared: December 2, 2025 Staff Contact: Eric Bittner, Planner II Executive Summary: Meeting Schedule Development Review and Regulations Committee: Action: None Planning Commission: January 7, 2026 Action: Pending Board of Supervisors: January 28, 2026 Action: Pending Proposal This is a proposal to amend Chapter 165 - Zoning Ordinance to modify dimensional requirements for certain housing types in the RP (Residential Performance) Zoning District to allow for townhouses which are accessed through an alley in the back of the property, referred to herein as rear-loaded. Current Standard Townhouse; back-to-back townhouse B. Building Setbacks B1 From public or private road right-of- way With garage: 25 feet Without garage: 15 ft 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 3 Page 2 of 4 Planning & Zoning Staff Analysis: This ordinance amendment was requested by Pennoni Associates, Inc in a letter to the Planning and Zoning Department dated August 25, 2025. This ordinance amendment would allow for the townhouses that are accessed through the rear via an alley. The primary changes are in a reduction to the required rear setbacks if the townhouses are rear loaded. One concern noted by staff is that the 18-foot (FT) driveway referenced in Pennoni’s letter is not reflected in the proposed changes. Similarly, this distance is not included in the 6-FT rear setback that is proposed. The 6-FT setback is not likely to be utilized as the building would probably need to be a further distance from the alley to accommodate the required off-street parking. Frederick Water has expressed concern over underground utilities being provided via the alley easement and with sharing the utility easement with other uses which may affect or be affected by utility maintenance. A possible alternative to alleviate the concerns raised by Frederick Water could be to increase the rear setback to 20-FT where no garage is provided and/or allow for a detached/attached garage up to 6’ from the easement line. The rear setback concern is not extended to the setbacks for unroofed decks, as these features are able to be elevated to still allow for parking. Several of the proposed changes should be better specified to apply rear loaded townhouses, namely the reduction of the side yard to 5 feet. Staff do not believe this change is necessary to adequately accommodate this use. The allowance for a reduced side setback reduction in sub-section B2 (see below, “Proposed Standard”) and the setback reduction without a garage in sub-section C2 are not necessary to accommodate rear loaded townhouses. Additionally, it should be considered that the required off-street parking of 2.5 spaces may be supplied through parking bays within a development and would likely not need to be fully captured on the individual lots. For example, a developer could provide a 2-car garage or driveway, then provide off-street parking elsewhere in the development. If approved, this amendment would become an administrative requirement, allowing rear-loaded townhouses as a by-right use in the RP district, no approvals or waivers would be necessary from the Board of Supervisors. Other Jurisdictions: Staff reviewed regulations for townhouses in other Virginia localities which allow rear-loaded townhouses. In instances where localities had differing regulations depending on the zoning district, the comparison was pulled using districts of comparable density limitations and land uses to the RP district. Of note, multiple jurisdictions did not distinguish rear-loaded and front-loaded townhouses. Those that did typically had a slightly reduced front setback, but an unaltered rear setback requirement. These localities also typically allowed for detached garages in the rear with a reduced setback. Most jurisdictions have setbacks which exceed the proposed setbacks, typically having a rear setback of 15’ or 25’ and front setback of 25’. 4 Page 3 of 4 A cross -comparison of other Virginia localities is included as an attachment to this report. Proposed Standard §165-402.09. H. – Dimensional Requirements Townhouse; back-to-back townhouse, rear alley townhouse B. Building Setbacks B1 From public or private road right-of- way With garage: 25 feet Without garage: 15 ft Rear alley option: The front setbacks may be reduced to 15 feet, provided the residential unit utilizes a rear alley access and there are no driveways on the private or public road fronting the residential unit. B2 From off-street parking lot 15 feet Side setback may be reduced to 10 feet when adjacent to private roadway or parking lot B3 Side 10 feet 5 feet 5 feet B4 Rear 20 feet Back-to-back option: N/A Rear alley option: 6 feet from shared alley access easement C. Setbacks for unroofed decks, stoops, landings and similar features C1 Front from off- street parking lot 10 feet 5 feet 5 feet C2 Front from private/public road 15 feet Without garage 10 feet Rear alley option: 10’ C3 side (end unit) 5 feet Rear alley option: 2’ from shared rear alley access easement C4 Rear 5 feet 5 Page 4 of 4 Summary & Requested Action: The Board of Supervisors discussed this ordinance amendment at their November 12, 2025, meeting and made a motion to direct staff to take the ordinance amendment forward for further study and to authorize staff to hold public hearings. In their discussion the Board expressed support for having additional options for more diverse housing types to meet changing market trends, as well as concerns regarding parking and overall affordability. This item is presented to the Development Review and Regulations Committee (DRRC) for information and discussion. Staff are seeking comments from the DRRC to forward to the Planning Commission and Board of Supervisors for consideration. Questions regarding the proposal should be directed to Planning and Development department staff. No action is required by the committee. Comments will be provided directly to the Planning Commission and Board of Supervisors. 6 § 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. 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 Frederick County, VA Downloaded from https://ecode360.com/FR1364 on 2025-11-06 7 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 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 Frederick County, VA § 165-402.09 § 165-402.09 Downloaded from https://ecode360.com/FR1364 on 2025-11-06 8 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 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 Frederick County, VA § 165-402.09 § 165-402.09 Downloaded from https://ecode360.com/FR1364 on 2025-11-06 9 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. In no case shall any encroachment other than a fence be placed within the required maintenance easement. F3 The zero lot line side must not be adjacent to a road right-of-way. 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 feet C2 Side (end unit) 5 feet C3 Rear 10 feet C4 Rear (from open space) 5 feet D. Minimum Parking Frederick County, VA § 165-402.09 § 165-402.09 Downloaded from https://ecode360.com/FR1364 on 2025-11-06 10 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 of three. F2. Detached accessory structures may not exceed 150 square feet. 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 0.50 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 Frederick County, VA § 165-402.09 § 165-402.09 Downloaded from https://ecode360.com/FR1364 on 2025-11-06 11 H. Townhouse; back-to-back townhouse. This dwelling type consists of a single-family attached dwelling unit from ground to roof, with individual outside access. Rows of townhouses shall contain no more than eight dwelling units in a group. Back-to-back townhouses shall contain no more than 16 dwelling units in a group. Dimensional requirements shall be as follows: [Amended 5-25-2022] A. Lot Dimensions A1 Minimum lot area 1,500 square feet A2 Minimum lot width End unit: 22 feet Interior unit: 18 feet B. Building Setbacks B1 From public or private road right-of-way With garage: 25 feet Without garage: 15 feet B2 From off-street parking 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 2.5 per unit E. Height E1 Principal building (max) 40 feet E2 Accessory building (max) 20 feet 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 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 0.60 B. Building Setbacks B1 From public road right-of-way 35 feet Frederick County, VA § 165-402.09 § 165-402.09 Downloaded from https://ecode360.com/FR1364 on 2025-11-06 12 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 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): 55 feet D2 Accessory building (max) 20 feet 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 buildings 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 0.60 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: 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 Frederick County, VA § 165-402.09 § 165-402.09 Downloaded from https://ecode360.com/FR1364 on 2025-11-06 13 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 lot 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 sixty-foot limit. D2 Accessory building (max) 20 feet 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 0.60 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 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 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. Frederick County, VA § 165-402.09 § 165-402.09 Downloaded from https://ecode360.com/FR1364 on 2025-11-06 14 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. (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. Frederick County, VA § 165-402.09 § 165-402.09 Downloaded from https://ecode360.com/FR1364 on 2025-11-06 15 117 East Piccadilly Street Winchester, VA 22601 T: 540-667-2139 F: 540-665-0493 www.pennoni.com August 25, 2025 Mr. Mark Cheran Zoning Administrator Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Section 165-402.09.H Townhouse Text Amendment Alley Served - Rear Load Townhouses Mr. Cheran: Pennoni understands that Frederick County has been investigating potential updates to the Zoning Ordinance that would accommodate contemporary housing products. Please accept this letter as a formal request for inclusion of the rear alley served townhouse product type that other communities is Virginia allow to be constructed by utilizing existing zoning ordinances. Specifically, the residential land development community would like to propose an additional townhouse housing option allowable within the RP zoning district of the Frederick County Zoning Ordinance. Section 165-402.09.H Townhouse; back-to-back townhouse, of the Frederick County Zoning Ordinance currently does not provide for a commonly constructed rear alley served townhouse unit. The following dimensional requirements & design standards are proposed for use with an alley served - rear load townhouse: 1. The front yard building setbacks from any public or private right-of-way may be reduced to 15 feet. 2. The side yard building setbacks adjacent any private right-of-way may be reduced to 10 feet. 3. The rear building setback will be 6 feet from the rear alley access easement. 4. The setbacks for unroofed decks, stoops, landings and similar features will be 10 feet in the front, 5 feet adjacent off-street parking lot, 5 feet on side and 2 feet in rear from private roadway easement. 5. The rear property line will be the centerline of the Alley. 6. A portion of the Alley will count as a portion of the minimum lot area. 7. The units will have parking and access to the garages from the rear, served by an alley. 8. A minimum 18-foot depth driveway outside of the alleyway shall be required in the rear to count as parking space in addition to garage spaces. See the attached “Alley Served – Rear Load Townhouse Schematic” for a graphical representation of the above requirements and a redline mark-up of how Section 165-402.09.H may be modified to accommodate the proposed unit type. As always, we appreciate your time and consideration on this request. If you have any questions, please feel free to contact the Pennoni office at (540) 771-2087. Sincerely, PENNONI ASSOCIATES INC. David L. Frank, PLA 16 Townhouse; back-to-back townhouse, rear alley townhouse. This dwelling type consists of a single-family attached dwelling unit from ground to roof, with individual outside access. Rows of townhouses shall contain no more than eight dwelling units in a group. Back-to-back townhouses shall contain no more than 16 dwelling units in a group. Dimensional requirements shall be as follows: [Amended 5-25-2022] A. Lot Dimensions A1 Minimum lot area 1,500 square feet A2 Minimum lot width End unit: 22 feet Interior unit: 18 feet B. Building Setbacks B1 From public or private road right-of-way With garage: 25 feet Without garage: 15 feet Rear alley option: The front setbacks may be reduced to 15 feet, provided the residential unit utilizes a rear alley access and there are no driveways on the private or public road fronting the residential unit. B2 From off-street parking lot 15 feet Side setback may be reduced to 10 feet when adjacent to private roadway or parking lot B3 Side 10 feet 5 feet 5 feet B4 Rear 20 feet Back-to- back option: N/A Rear alley option: 6 feet from shared rear alley access easement. C. Setbacks for unroofed decks, stoops, landings and similar features C1 Front from off-street parking lot 10 feet 5 feet 5 feet C2 Front from private/public road 15 feet Without garage: 10 feet Rear alley option: 10’ C3 Side (end unit) 5 feet C4 Rear 5 feet Rear alley option: 2’ from shared rear alley access easement D. Minimum Parking D1 Required off-street parking 2.5 per unit E. Height E1 Principal building (max) 40 feet 17 E2 Accessory building (max) 20 feet 18 7 - UNIT TOWNHOUSE ALLEY SERVED - REAR LOAD 7 - UNIT TOWNHOUSE ALLEY SERVED - REAR LOAD PUBLIC ROAD 24 ACCESS ESMT 24' ACCESSESMTROAD R/W (TYP) ROAD R/W (TYP)ACCESS ESMT (TYP)PROPERTY LINE (TYP)PROPERTY LINE (TYP)6' REARSETBACK15' FRONTSETBACK22' END UNIT (MIN) 18' INTERIOR UNIT (MIN)6' REARSETBACKPROPERTY LINE (TYP)FRONT BLDG SETBACK REAR BLDG SETBACK PUBLIC ROAD PRIVATE ALLEY PRIVATE ALLEYREAR BLDG SETBACK FRONT BLDG SETBACK 10' SIDE SETBACK PROPERTY LINE (TYP)10' SIDESETBACK(CORNER)15' FRONTSETBACKLOT DEPTH (TYP)10' SIDE SETBACK (CORNER)ACCESS ESMT (TYP)5 - UNIT TOWNHOUSEALLEY SERVED - REAR LOAD6' REAR SETBACK PROPERTY LINE (TYP)REAR BLDG SETBACKFRONT BLDG SETBACK15' FRONT SETBACK 15' FRONTSETBACK(CORNER)PUBLIC ROAD15' FRONTSETBACK(CORNER)ACCESS ESMT (TYP)ESDIX24001 | 06/18/2025 REVISED: 08/26/2025 NORTHU:\ACCOUNTS\ESDIX\ESDIX25001 - CROSSPOINTE\DESIGN\_EXHIBITS\REAR LOAD TH\REAR LOAD TH SCHEMATIC.DWG PENNONI ASSOCIATES INC. 117 East Piccadilly Street Winchester, VA 22601 T 540.667.2139 F 540.665.0493 ALLEY SERVED - REAR LOAD TOWNHOUSE SCHEMATIC 00 25'50' GRAPHIC SCALE 1"=25' 19 20 21 22 23 24 25 Stafford County Henrico County Chesterfield County Rockingham County Prince William County Loudoun County Roanoke County Winchester City Shenandoah County front setback 8'25 20 25 0 15'10'35'40' rear setback 25 30 15 15 30'15'25'25'/50*40' side setback 15 20 10'8'15'6'/10'*10' garage (rear)0 5'10' *if adajcent to lower density district 26 Development Review and Regulations Committee Agenda Item Detail Meeting Date: December 11, 2025 Agenda Section: Zoning Ordinance Text Amendment Proposals Title: Public Utilities - Transmission and Distribution Facilities Attachments: DRRC12-11-25OA_PublicUtilities.pdf 27 ZONING ORDINANCE TEXT AMENDMENT Public Utilities – Transmission and Distribution Facilities Staff Report for the Development Review and Regulations Committee (DRRC) Prepared: December 5, 2025 Staff Contact: M. Tyler Klein, AICP, Senior Planner Executive Summary: Meeting Schedule Development Review and Regulations Committee: Action: None Planning Commission: January 7, 2026 Action: Pending Board of Supervisors: January 28, 2026 Action: Pending Proposal This is a proposal to amend Chapter 165 - Zoning Ordinance to add performance standards for “Public Utilities – Transmission and Distribution Facilities” and/or evaluate if the use should be a conditional use requiring a conditional use permit. Current Standard Public Utilities – Transmission and Distribution Facilities are currently allowed as a permitted use in the RA Zoning District (§165-401.02(Q)) and all other zoning districts by-right. The use allowances for” “Public Utilities” was last modified in 2025 in conjunction with the data center ordinance amendment. “Additional Regulations for Specific Uses” contained in §165-204.26 for Public Utilities allow the Zoning Administrator the authority to determine minimum lot size and appropriate setbacks. The “Additional Regulations for Specific Uses” was last amended in 2020 to specify requirements for “utility-scale solar power generating facilities.” Prior to that, the section was last amended in 2020 and 2011 respectively. Planning & Zoning Staff Analysis: The Planning Commission, at their November 5, 2025, meeting, made a motion to request the Board of Supervisors direct staff to develop a draft ordinance addressing electrical substations in the County. In their discussion, the Planning Commission directed staff to consider performance standards that could include enhanced buffer and screening requirements for substations, including an earthen berm and/or other screening, increased setbacks, siting requirements near existing transmission lines, and prohibiting siting where adjoining residential uses. Additionally, staff were directed to evaluate if a conditional use permit (CUP) should be required for the rural areas. 28 Page 2 of 4 The Board of Supervisors discussed this ordinance amendment at their November 12, 2025, meeting and made a motion to direct staff to take the ordinance amendment forward for further study and to authorize staff to hold public hearings. In their discussion the Board expressed support for including additional regulations in the ordinance but did not provide consensus on requiring a conditional use permit. Public facilities, such as electrical substations, also require Planning Commission approval of the proposed facility and site being in conformance with the Comprehensive Plan (2021) following a public hearing. Specifically, this process determines if the general or approximate location, character and extent are in substantial accord with the Frederick County Comprehensive Plan. If the Planning Commission finds a proposal to be inconsistent with adopted Plan policy, they could deny the request for a 2232 review. The 2232 process gives the Planning Commission limited control over siting and performance standards, outside of a conditional use permit process, as it is primarily evaluating consistency with the Comprehensive Plan. Presently, there is not a proposal included below to modify the current by-right allowance to a “conditional use” requiring a conditional use permit (CUP) in the RA District. However, making such a change would be relatively simple if so directed. Other Jurisdictions: Staff reviewed the regulations for substations in other Virginia localities. Most other jurisdictions require a “special exception” (i.e. a conditional use permit) or similar public process for electrical substations on properties primarily zoned for agricultural/residential uses in addition to the state code required 2232 review. Additionally, most if not all the other localities that reviewed include performance standards to regulate setbacks, screenings, landscaping, and other elements of site design. Typical performance standards included minimum setbacks (varying from 50-feet to 100- FT from residential uses), screening required (varying from 8-FT to 12-FT tall wall or fence), and buffers (with planting sizes of 6-FT tall trees and 42-48-inch-tall shrubs). It is important to note that species for plantings need to be considered carefully as many typical screening trees can grow to mature heights that would be incompatible with overhead utility lines. Additionally, some localities require co-location studies and/or environmental noise impact assessments when considering electrical substation citing. A cross comparison of other Virginia localities is included as an attachment to this report. Proposed Standard: Article I – General Provisions; Amendments; and Conditional Use Permit. Part 101 – General Provisions. §165-101.02 Definitions and word usage. 29 Page 3 of 4 PUBLIC UTILITIES, TRANSMISSION VOLTAGE ELECTRICAL SUBSTATION Electrical substation intended for long range transmission of wholesale electrical power with voltages 138KV and higher. Such facilities may be owned by public utilities, public agencies, those operators with a certificate of public convenience, or those that are operation under a permit-by-rule (PBR). PUBLIC UTILITIES, DISTRIBUTION VOLTAGE ELECTRICAL SUBSTATION Electrical substation intended for local distribution of retail electrical power with voltages 138KV and lower. Such facilities may be owned by public utilities with retail territory defined by the Virginia State Corporation Commission (SCC). Article II – Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 – Additional Regulations for Specific Uses §165-204.26 – Public Utilities 3.Transmission Voltage Electrical Substations in the RA (Rural Areas) zoning district. A.A modified Category C Type full screen buffer is required around the perimeter of the facility. The following enhanced landscaping and screening requirements apply: 1)A minimum 8-foot-tall opaque fence, wall or berm shall be provided. a. Chain-link fencing with slats, with a privacy factor of 90% or greater, may be utilized to satisfy the opaque fence requirements b. Chain-link fencing with slats shall consist of double-walled winged slats; or equivalent if approved by the Zoning Administrator. c.Chain-link fencing with slats shall only utilize the following colors: dark green, brown, black, or tan. The use of wood slats or plastic slats without interlocking wings and double walls shall be prohibited. 2)Deciduous trees shall be a minimum of one-and-one-half-inch caliper, and a minimum of six feet tall, at the time of planting. 3)Evergreen trees shall be a minimum of six feet in height at the time of planting. 4)Shrubs shall be a minimum of 36 inches in height at time of planting. 5)All other landscaping requirements, not modified above and contained in §165- 203.01 shall apply. 4.Distribution Voltage Electrical Substation in the RA (Rural Areas) zoning district. A.A Category B Type full screen buffer, satisfying requirements contained in §165- 203.02(D), is required around the perimeter of the facility. a. Chain-link fencing with slats, with a privacy factor of 90% or greater, may be utilized to satisfy the opaque fence requirements b. Chain-link fencing with slats shall consist of double-walled winged slats; or equivalent if approved by the Zoning Administrator. 30 Page 4 of 4 c.Chain-link fencing with slats shall only utilize the following colors: dark green, brown, black, or tan. The use of wood slats or plastic slats without interlocking wings and double walls shall be prohibited. Summary & Requested Action: This ordinance amendment to add definitions and “Additional Regulations for Specific Uses” for “Public Utilities – Transmission and Distribution Facilities” in the RA Zoning District is presented to the Development Review and Regulations Committee (DRRC) for information and discussion. Staff is seeking comments from the DRRC to forward to the Planning Commission and Board of Supervisors for consideration. Questions regarding the proposal should be directed to Planning and Development department staff. No action is required by the committee. Comments will be provided directly to the Planning Commission and Board of Supervisors. 31 Proposed Changes – Public Utilities – Transmission and Distribution Facilities Drafted December 5, 2025 Chapter 165 – Zoning Ordinance Article I – General Provisions; Amendments; and Conditional Use Permit. Part 101 – General Provisions. §165-201.02 Definitions and word usage. PUBLIC UTILITIES, TRANSMISSION AND DISTRIBUTION FACILITIES Booster or relay stations, transmission lines and towers, pipes, meters and other facilities, and sewer and water treatment facilities, including sewer and water transmissions lines. Such facilities may be owned by public utilities, public agencies, those operators with a certificate of public convenience, or those that are operation under a permit-by-rule (PBR). PUBLIC UTILITIES, TRANSMISSION VOLTAGE ELECTRICAL SUBSTATION Electrical substation intended for long range transmission of wholesale electrical power with voltages 138KV and higher. Such facilities may be owned by public utilities, public agencies, those operators with a certificate of public convenience, or those that are operation under a permit-by-rule (PBR). PUBLIC UTILITIES, DISTRIBUTION VOLTAGE ELECTRICAL SUBSTATION Electrical substation intended for local distribution of retail electrical power with voltages 138KV and lower. Such facilities may be owned by public utilities with retail territory defined by the Virginia State Corporation Commission (SCC). Article II – Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 – Additional Regulations for Specific Uses §165-204.26 – Public Utilities 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 Water for public utility purposes shall be as follows: A. 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. B. Such lots shall be exempt from the individual on-site sewage disposal system requirements. C. Such lots may be accessed by private access easements; any such easement shall be a minimum of 15 feet in width. 2. Utility-scale solar power generating facilities. A. Any owner, lessee, or developer of real property for the purposes of solar power energy generation shall enter into a written agreement, prior to site plan approval, with Frederick 32 Proposed Changes – Public Utilities – Transmission and Distribution Facilities Drafted December 5, 2025 County to decommission solar energy equipment, facilities, or devices pursuant to the terms and conditions of § 15.2-2241.2(B) of the Code of Virginia. B. For utility-scale solar power generating facilities a site plan, in accordance with Article VIII, shall be submitted to and approved by Frederick County, prior to the establishment of the use. 3. Transmission Voltage Electrical Substations in the RA (Rural Areas) zoning district. A. A modified Category C Type full screen buffer is required around the perimeter of the facility. The following enhanced landscaping and screening requirements apply: 1) A minimum 8-foot-tall opaque fence, wall or berm shall be provided. a. Chain-link fencing with slats, with a privacy factor of 90% or greater, may be utilized to satisfy the opaque fence requirements b. Chain-link fencing with slats shall consist of double-walled winged slats; or equivalent if approved by the Zoning Administrator. c. Chain-link fencing with slats shall only utilize the following colors: dark green, brown, black, or tan. The use of wood slats or plastic slats without interlocking wings and double walls shall be prohibited. 2) Deciduous trees shall be a minimum of one-and-one-half-inch caliper, and a minimum of six feet tall, at the time of planting. 3) Evergreen trees shall be a minimum of six feet in height at the time of planting. 4) Shrubs shall be a minimum of 36 inches in height at time of planting. 5) All other landscaping requirements, not modified above and contained in §165- 203.01 shall apply. 4. Distribution Voltage Electrical Substation in the RA (Rural Areas) zoning district. A. A Category B Type full screen buffer, satisfying requirements contained in §165- 203.02(D), is required around the perimeter of the facility. a. Chain-link fencing with slats, with a privacy factor of 90% or greater, may be utilized to satisfy the opaque fence requirements b. Chain-link fencing with slats shall consist of double-walled winged slats; or equivalent if approved by the Zoning Administrator. c. Chain-link fencing with slats shall only utilize the following colors: dark green, brown, black, or tan. The use of wood slats or plastic slats without interlocking wings and double walls shall be prohibited. 33 Town of Ashland Fairfax County Loudoun County Henrico County Prince William County Rockingam County Albermarle County Permission for rural and agricultural areas Conditional Use Not Allowed in Residential-Agricultural District Special Exception Special Use Special Permit Special Use Special Use 50' from streets 100' from residential 50' from agricultural uses 60' road 75' front 100' from residential uses (within 50- 300 feet of the facility)20' from non-residential uses 20' from all other uses 15' side 25' side 20' from other uses 50' minimum setback from residential for electric substation serving a specific project 20' from roadways 25' rear 35' rear 8' tall screen; deciduous and evergreen trees Screened by a wall or fence a minimum 12' in height In all agricultural and residential districts utility substations (distribution) shall be located on lots of 1-acre or more. 10' tall opaque fence One (1) parking space per facility The proposed use at the location selected will not endanger the health and safety of workers and/or residents in the community and will not impair or prove detrimental to neighboring properties or the development of same. Decommissioning policies Mixed buffer yard a minimum of 50' in width where adjoining residential uses; large and medium trees and evergreen shrubs; minimum 6' in height for trees; 42-48" tall shrubs All Utility Substations and accessory storage yards require a minimum Buffer Type C, however, if required utility connections preclude installation of large and small deciduous trees, the maximum percentage applicable to shrubs under Section 7.04.07.B.2.d does not apply. In lieu of the minimum and maximum percentages applicable to evergreen trees under Section 7.04.07.B.2.b, at least 40% and up to 70% of the required plant units must be evergreen trees. located outside of front setback Public utility buildings and structures in any residential zone shall, wherever practical, have the exterior appearance of residential buildings and shall have landscaping, screen planting and/or fencing, whenever these are deemed necessary by the commission. Noise study required Must be located in areas consistent with Comprehensive Plan. Such structures as towers, transmission lines, transformers, etc., which are abandoned, damaged or otherwise in a state of disrepair, which in the opinion of the zoning administrator pose a hazard to the public safety, shall be repaired/removed to the satisfaction of the zoning administrator within a reasonable time prescribed by the zoning administrator. If the proposed location is in a R district, the use may be permitted only upon finding by the Board that the proposed location is a co-location or expansion of an existing facility and would minimize adverse effects in the R district compared to alternative sites; or there is no alternative site in a commercial or industrial district that can provide satisfactory service within one mile of the propose location. Utility Substations may be accessed by a private road. Minimum Setback Performance Standards Utility Substations must be set back a minimum of 100 feet from adjacent property with existing residential development 200' 34