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HomeMy WebLinkAbout011-26 (OrdAmendmentChapter165ZoningUpdate)• RESOLUTION Action: BOARD OF SUPERVISORS: August 12, 2026 Approved DIRECTING THE PLANNJNG COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165 -ZONING ORDINANCE ARTICLE Ill PERMITS AND APPLICATIONS PART 306 -MASTER DEVELOPMENT PLANS ARTICLE IV PRIMARY ZONING DISTRICTS PART 407 -INDUSTRIAL DISTRICTS PART 408 -PLANNED DEVELOPMENT DISTRICTS ARTICLE VII ADDITIONAL REGULATIONS FOR SPECIFIC USES PART 703-PUBLIC/CIVIV/RECREATIONAL USE STANDARDS PART 704 -COMMERCIAL USE STANDARDS PART 705-INDUSTRIAL USE STANDARDS WHEREAS, a proposal to amend Chapter 165 -Zoning Ordinance to incorporate Phase I ordi nance update recommendations from the Berkley Group to address remove County Administrator signature requirement from Master Development Plans and implement best practices for waivers, exemptions and alternative use standards at the discretion of the Zoning Administrator to certain requirements; and WHEREAS, the Frederick County Board of Supervisors finds it appropriate 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 hold a publi c hearing to consi der changes to Chapter 165 to incorporate Phase I ordinance update recommendations from the Berkley Group. Passed this August 12, 2026, by the following recorded vote: John F. Jewell, Chairman Albert L. Orndorff Michael D. Guevremont Gary R. Oates No. 11 -26 Aye Aye Aye Aye Jason C. Aikens Robert W. Wells Robert T. Liero Michael Bollhoefi Aye Aye Aye Frederick Coun :Administrator COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Planning and Development Staff SUBJECT: Ordinance Amendment – Subdivision and Zoning Ordinance Updates DATE: July 17, 2026 Proposal: This is a proposal to amend Chapter 144 – Subdivision Ordinance and Chapter 165 - Zoning Ordinance to incorporate Phase I ordinance update recommendations from the Berkley Group. These recommendations were identified during the Phase I Subdivision and Zoning Ordinance Update but were “policy” type changes outside of the Phase I project scope. Proposed changes to Chapter 144 include implementing best practices for waivers, exemptions and alternative use standards at the discretion of the Subdivisions Administrator rather than an action of the Board of Supervisors for certain requirements contained in §144-302 (General Access; Streets, Sidewalks; Easements) and to remove an outdated requirement at the direction of Public Works contained in §144- 302.13 (Environmental Features and Protections) Proposed changes Chapter 165 include removal of the County Administrator signature requirement from Master Development Plans (§165-306.06(D)) and implement best practices for waivers, exemptions and alternative use standards at the discretion of the Zoning Administrator rather than an action of the Board of Supervisors for certain requirements contained in §165-407 (Industrial District Standards), §165-408 (Planned Development Districts), §165-703 (Public/Civic/Recreational Use Standards), §165-704 (Commercial Use Standards), §165-705 (Industrial Use Standards). Current Standard: Chapter 144 – Subdivision Ordinance and Chapter 165 – Zoning Ordinance was adopted by the Board of Supervisors on May 13, 2026. Summary & Requested Action: Staff are seeking authorization to proceed with ordinance amendment process, including review by the Development Review and Regulations Committee (DRRC) and advertising for public hearing (dates TBD). Questions regarding the proposal may be directed to staff. JB/pd Attachment: 1. Draft Ordinance Amendment 2. Resolution to Authorize Public Hearing – Chapter 144 3. Resolution to Authorize Public Hearing – Chapter 165 Phase I Companion Amendments Revised August 4, 2026 Chapter 144 – Subdivision Ordinance Article III. Subdivision Standards. §144-302.05. General Access. B. Exempt. 1) The Subdivision Administrator Board of Supervisors may waive the public street requirement specified in A, above, to allow for a complete system of private streets within proffered age-restricted communities. §144-302.07. Streets; Sidewalks. A. Public Streets. The following standards are intended to ensure that an adequate network of streets is created which provides multiple access points to subdivisions. 1) 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 VDOT. Where conflicts occur, the more restrictive requirement shall apply. iii. Interparcel Connectivity. Provisions shall be made for the continuation of planned, existing, or platted streets on adjoining lots. The design of such streets shall be coordinated in terms of location, width, grades, and drainage. e. The requirement for interparcel connector streets may be waived by the Subdivision Administrator Board of Supervisors, if the Subdivision Administrator Board finds that: i. A connector street to an adjoining lot is not likely to be needed; ii. The connector street would be required to be placed in a location which is impractical for location of a street; iii. An adjoining undeveloped lot 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. v. Intersections. Streets shall intersect at approximately right angles. a. The Subdivision Administrator Board of Supervisors may allow intersections of lesser angles. However, in no case shall a street intersect another at an angle of less than 80°. vii. Cul-de-sacs. a. A permanent cul-de-sac shall not exceed 1,000 feet in length unless required by VDOT standards for connectivity. i. The turnaround provided shall have a ROW radius of not less than 50 feet and a paved radius of not less than 45 feet. Phase I Companion Amendments Revised August 4, 2026 ii.The Subdivision Administrator Board of Supervisors may waive this requirement in cases where extreme topography or other factors make it impractical. iii.Loop streets are preferred to a cul-de-sac, where possible. iv.In no case shall the street serve more than 25 lots. xiv.Streetlights. d. The Board of Supervisors may waive the requirement for streetlights. B.Private Streets. 3) 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 Subdivision Administrator may approve a waiver of sidewalks on private streets, provided that another recreational amenity is substituted for the sidewalk. §144-302.11. Easements. B.Communication Easements. In accordance with Code of Virginia § 15.2-2241(A)(6), once a developer conveys a common or shared easement permitting electric, cable, or telephone service to be furnished to a subdivision, the developer shall, within 30 days after written request, grant an easement to such provider for the purpose of furnishing cable television and/or communications services to the subdivision. 3)Underground Utilities. All electric, telephone and cable television lines shall be installed underground. This requirement may be waived by the Board of Supervisors for the following: i.Subdivisions and lots in business and industrial zoning districts not requiring an approved MDP; or ii.Subdivisions in business and industrial zoning districts that were approved prior to May 13, 2026. §144-302.13. Environmental Features and Protections. E.Stormwater Management. 1. Stormwater Management Plan. iii.The Subdivision Administrator 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. In such cases, the exempted subdivision shall meet the requirements of 9VAC25-875-560.(A)(19). Phase I Companion Amendments Revised August 4, 2026 Chapter 165 – Zoning Ordinance Article III. Permits and Applications. Part 306. Master Development Plans. §165-306.06. Final Master Development Plan Submission. D. An MDP shall not be considered final and approved until it is signed by the Director of Planning and Development and the County Administrator. Article IV. Primary Zoning Districts. Part 407. Industrial Districts. §165-407.01. Industrial District Standards. B. EM, Extractive Manufacturing Standards 1) General. All uses shall conform to applicable state, federal, and local regulations, including those governing noise and vibration. 2) Development Standards. i. 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 yard requirement may be reduced to a minimum of 200 feet. 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 Board of Supervisors may reduce this yard requirement to a minimum of 200 feet. Part 408. Planned Development Districts. §165-408.02. R5. Residential Recreational Community District Standards. C. Street Standards. The residential recreational community shall be provided with a complete system of public streets dedicated to VDOT. The road system shall conform with the Frederick County Comprehensive Plan and with road improvement plans adopted by the County. 1) Within any portion of a residential recreational community, the Board of Supervisors may waive the public street requirement and allow for the installation of private streets, provided that a program for the perpetual maintenance of all streets is provided which is acceptable to the Board of Supervisors and the Zoning Administrator. i. Three (3) classes of private streets permitted shall be identified on an MDP as follows: Phase I Companion Amendments Revised August 4, 2026 a. Greenways. All private streets with a projected Average Daily Traffic (ADT) count of over 3,000 shall have a minimum ROW of 50 feet and shall have no direct lot frontage. Greenways shall be lined on both sides with street trees having a minimum caliper of two (2) inches at the time of planting, spaced not more than 50 feet apart. Along the portions of ROW which abut mature woodland, the Planning Director Zoning Administrator may waive the requirement for street trees. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 miles per hour (mph). Article VII. Additional Regulations for Specific Uses. Part 703. Public/Civic/Recreational Use Standards. §165-703.03. Frederick County Sanitary Landfill. B. Landfills. 1) A minimum buffer of 600 feet shall be maintained on parcels containing a landfill adjacent to properties containing residences or properties zoned RP, MH1, R4, or R5. i. Such buffers shall be along the boundary of the property adjacent to the properties so zoned or containing the residences. ii. In addition, the Board of Supervisors may require a landscape screening or full screening in the buffer as described Article VIII, Part 802, of this Ordinance is required. Part 704. Commercial Use Standards. §165-704.18. Welding Repair. B. General Standards. 1) Hours of operation shall not exceed 7:00 a.m. through 7:00 p.m., Monday through Saturday. 2) All outdoor storage or repair areas shall be screened by a six (6) foot board-on-board fence, evergreen screen or berm. 3) The Board of Supervisors may require buffer and screening elements and/or distance when deemed necessary to protect existing adjacent uses. Part 705. Industrial Use Standards. §165-705.06. Tractor Truck and Tractor Trailer Truck Parking. A. General Standards. 1) No facility shall be located adjacent to residential uses. Phase I Companion Amendments Revised August 4, 2026 2) All areas utilized for the parking of tractor trucks and the storage of trailers shall utilize a gravel or paved surface. i. All paved and gravel surfaces shall be properly maintained to ensure that dirt, mud, gravel, or the like is not distributed onto roadways. 3) The following activities shall be prohibited at such facilities: i. Fuel sales; ii. Maintenance of trucks and trailers; and iii. The parking or storage of inoperable tractor trucks, damaged/salvage trailers, or unlicensed trailers. 4) Facilities shall be required to landscape the yard area within the front setback to provide for a double row of evergreen trees that are staggered and planted a maximum of 12 feet on center. 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. i. All trees shall be a minimum of four (4) feet in height at the time of planting. ii. The Zoning Administrator Board of Supervisors may allow for alternative landscaping based on topography and/or adjacent land uses. 5) A Site Plan in accordance with the requirements of Article III, Permits and Applications of this Ordinance, shall be submitted to and approved by Frederick County.