PC 03-20-13 Meeting Agenda
AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
March 20, 2013
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) Committee Reports .................................................................................................. (no tab)
3) Citizen Comments .................................................................................................... (no tab)
INFORMATION / DISCUSSION ITEMS
5) Urban Center Design Cabinet Study – Review of the study completed by the Urban
Center Design Cabinet which provides guidance and illustration on previously approved
Urban Centers within Frederick County’s Urban Development Area.
Mr. Ruddy ........................................................................................................................ (A)
6) New Traditional Neighborhood Design (TND) District – The new district is proposed to
implement the goals of the 2030 Comprehensive Plan with regards to planned urban centers
and neighborhood villages.
Mrs. Perkins ...................................................................................................................... (B)
7) Entrance Spacing Requirements – Revise and update motor vehicle access requirements,
specifically entrance spacing requirements.
Mrs. Perkins ...................................................................................................................... (C)
8) Other
9) Adjourn
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ARTICLE V
PLANNED DEVELOPMENT DISTRICTS
Part 503 - Traditional Neighborhood Development District (TND)
§ 165-503.01 Intent.
The purpose of the Traditional Neighborhood Development District (TND) is to allow
development of compatible mixed-use, pedestrian-oriented, activity centers containing a mix and
integration of uses, including business, retail, residential, cultural, educational, and other public
and private uses in areas consistent with the Comprehensive Plan to create unified livable
communities. This district is meant to allow the implementation of the urban centers and
neighborhood village concepts of the Comprehensive Plan. Specific objectives of this district
include:
1.Nonresidential uses, civic uses and open spaces mixed with diverse residential land uses.
The TND should feature a variety of housing choices, high quality retail, community
facilities as focal points and employment opportunities all connected by an attractive,
efficient, multimodal transportation center.
2.Densities that promote a compact and efficient use of land.
3.A mix of different types of land uses in a compatible manner, both vertically and
horizontally with a consistent coordination and compatible architectural character and
urban design concepts.
4.Close proximity of dwellings, shops,recreation and workplaces so that ordinary activities
can occur within a walking distance of most dwellings.
5.Civic buildings and parks, plazas, squares, and open space or recreational uses that act as
focal points centrally located for the community and provide places of assembly or
services for residents.
6.Generally rectilinear patterns of streets and blocks.
7.Pedestrian-oriented circulation system with a continuity of streets, sidewalks, and blocks
so all parts of the community are easily accessible by pedestrians,motor vehicles and
bicycles.
8.Well configured squares, greens, landscaped streets, and parks distributed within the
Community Center and neighborhoods that are dedicated to collective social activity,
recreation, and visual enjoyment.
9.Civic buildings for assembly, or for other civic purposes, that act as landmarks, symbols,
and activity center for community identity.
10.On-street parking and centralized parking facilities to collectively support principal uses
in the Community Center.
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Existing environmental features are to be preserved and integrated into the plan of development.
The major land uses are to be linked by way of pedestrian linkages, trails and greenways that tie
together the businesses, residences and open spaces into accessible patterns of development. The
pedestrian-oriented nature of the district should be emphasized by the building scale and design,
building orientation to the street, block sizes, pedestrian-oriented uses and pedestrian-friendly
streetscapes.
§ 165-503.02 District boundaries.
Properties that are included within the Traditional Neighborhood Development District (TND)
shall be delineated on the Official Zoning Map for Frederick County. This map shall be
maintained and updated by the Zoning Administrator.
§ 165-503.03 Rezoning Procedure and Establishment of District.
The process to create a TND District consists of two parts:rezoning the property to TND, and, as
a proffered component of the rezoning process, approval of a Master Development Plan and a
Design Guidelines Manual. The Master Development Plan shall be in accordance with article
VIII of this chapter and section § 165-503.04 of this article. The Design Guidelines Manual will
govern the site-specific design features associated with the project throughout its development.
An area to be rezoned to the Traditional Neighborhood Development District shall contain no
fewer than 20 acres and shall be located along an arterial or major collector roadway with
capacity to handle the traffic generated.Contiguous additions shall be allowed to an existing
TND District if the applicant demonstrates that the addition is integrated with the district that
was previously approved.This district must be located in areas within the Urban Development
Area (UDA) served by public water and sewer systems and shall be applicable throughout the
UDA, but specifically targeted to designated urban centers and neighborhood villages as
designated by the Comprehensive Plan.
§ 165-503.04 Design Guidelines Manual.
The Design Guidelines Manual shall address the following components of the built environment
within a proposed TND District:
1)Vertical and horizontal separation between streets and commercial and residential
uses;
2)Types of residential structures utilized within the TND project and side and rear
setbacks for each structure;
3)Architectural standards, as defined;
4) Front porches for single-family residential uses;
5)Materials, colors and textures;
6)Landscape treatments for streets and parking lots;
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7) Sidewalk and pathway treatments and other pedestrian amenities;
8)Preservation of historic structures, sites, and archeological sites identified by the
Virginia Department of Historic Resources and those designated by the county;
§ 165-503.05 Modifications to Design Guidelines Manual.
Minor modifications of components 2-7 of the Design Guidelines Manual may be
administratively approved by the Planning Department if the Planning Director concludes, after
reviewing the proposed modifications, that the proposed modifications do not significantly alter
the character of land uses, intent of the TND District, or other features or conflict with any
conditions placed on the approval of the rezoning. If the Planning Director determines that a
proposed modification would significantly alter the approved development or alter the intent of
the TND District, a revised rezoning application for the development must be submitted in
accordance with section (Rezoning Procedure and Establishment of District). Modifications to
components 1 and 8 shall only be permitted though a revised rezoning application.
§ 165-503.06 Master Development Plan.
In addition to the requirements of Part 801 of this chapter the following items shall be shown in
the Master Development Plan in a map and/or textual form:
1)The Master Development Plan (MDP) shall exhibit a compact pattern of development
that efficiently facilitates interconnection between the commercial uses, residential uses,
and public/civic/institutional uses, which serves to unify the entire project;
2)The primary commercial land uses shall be concentrated along the main street of the
Community Center and at the major intersections;
3)The minimum non-residential square footage by proposed use type.
4)The maximum residential densities and the maximum number of residential units for
individual land use categories and mixed use categories, delineating at least three
housing types;
5) The designation and design of public and private roadways including alleys;
6)The designation of all residential and non-residential blocks and the general uses in each
block;
7)Minimum and maximum density by block and proposed overall density;and
8) Sidewalk and pedestrian path locations.
§ 165-503.07 Modifications to Master Development.
Minor administrative alterations of an approved Master Development Plan (without a revised
rezoning)may occur in accordance with §165-801.08,if the Planning Director concludes, after
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reviewing the proposed modifications, that the proposed modifications does not significantly
alter the character of land uses, intent of the TND District, or other features or conflict with any
conditions placed on the approval of the rezoning. If the Planning Director determines that a
proposed modification would significantly alter the approved master development plan or alter
the intent of a TND Development, a revised rezoning application for the development must be
submitted in accordance with section § 165-503.03.
§ 165-503.08 Phasing.
The developer/subdivider is permitted to construct the TND project in phases or section as long
as:
1)All phases are indicated on the master development plan.
2)Essential streets and entrances to the TND project shall be provided with the initial phase
of the development.
§ 165-503.09 Permitted Uses.
A.All uses permitted in the TND District are those allowed in the following districts subject
to other restrictions imposed by this section:
RP Residential Performance District
B1 Neighborhood Business District
B2 Business General District
B.Conditional uses are determined solely according to the provisions of section § 165-
503.10 of this article.
C.The Zoning Administrator may permit additional uses within a TND District that are not
expressly permitted within § 165-503.09 or § 165-503.10 if those uses are consistent with
the goals of the TND District and the use would not conflict with any surrounding uses.
§ 165-503.10 Conditional Uses.
The following uses and associated signs are permitted with a conditional use permit provided
that it is demonstrated that the use can meet the intent of the TND District:
Conditional Uses Standard Industrial Classification
(SIC)
Car Washes 7542
Automotive Dealers 55
Self-service storage facilities -
Drive throughs/Drive-in lanes associated with any permitted use -
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Outdoor Storage and Display -
Cottage Occupations, as defined -
§ 165-503.11 Modifications to permitted housing types.
The applicant may request as part of an application for rezoning to the TND District that a
modification to the permitted residential housing types be allowed. The applicant may introduce
new housing types as part of the Design Guidelines Manual. The Design Guidelines Manual
shall specify the proposed housing types and define all lot requirements,setbacks, off street
parking and access.The Board of Supervisors may approve or disapprove such request, in whole
or in part, following review by the Planning Commission.
§ 165-503.12 Mixture of housing types required.
TND projects should incorporate as many categories of residential uses as possible, but at least
three separate categories of residential uses shall be provided. Residential categories may
include but are not limited to: single family attached, single family detached and multifamily
uses. No more than 25% of the area designated for residential uses in the TND project shall
consist of single family detached residences.
§ 165-503.13 Site Plan and Subdivision Design Plans.
Based on the approval of the Rezoning, Master Development Plan and Design Manual for a TND
Development, the applicant may file for site plan review/approval or subdivision plan
review/approval.
§ 165-503.14 Development Standards.
A.Minimum Use Percentages. A TND Development shall have the following minimum
percentages of permitted uses. These percentages shall not be modified.
1)Commercial Uses.At least 50% of the land area of the development shall be
devoted to commercial uses in areas designated as an Urban Center in the
Comprehensive Policy Plan. In areas designed as a Neighborhood Village, at least
25% of the land area of the district shall be devoted to commercial uses.Over shop
housing shall not be counted towards the minimum commercial percentage required
and shall not count against the residential density of the development.
2)Residential Use.At least 10% of the land area of the development shall be devoted
to residential uses,not to include over shop housing.
3)Public/Civic/Institutional Uses.At least 5% of the land area of the development
shall be devoted to Public/Civic/Institutional uses. A 10% reduction to 40% for the
minimum commercial area required shall be permitted for a TND project in an area
designated as an urban center and a 10% reduction to 15% for the minimum
commercial area required shall be permitted for a TND project in an area designated
as a neighborhood village, if the TND project provides public/civic/institutional uses
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such as but not limited to schools, libraries and fire and rescue facilities, not to
include open space.
4)Public Parks and Open Space.At least 20%of the gross land area of the TND
development shall be devoted to public parks and/or open space for the common use
and enjoyment of residents, visitors and employees within the TND District.
B.Mix of Uses in Project Design.To achieve the compact design necessary to make the
TND fully pedestrian oriented, residential and non-residential land uses must be
sufficiently mixed horizontally across the project and vertically within the buildings.
Within the Community Center of a TND development a minimum of 10% of the footprint
of the ground floor building area shall equate to the minimum square footage of over-
shop housing required. The total ground floor area of all commercial buildings shall be
the combined total ground floor area of all commercial buildings contained within the
development or single MDP, not for each individual building.
C.Community Center.TND Districts are required to have a defined community center
with a main street. A community center of a TND project shall consist of a mix of
commercial,residential in the form of over shop housing, civic or institutional uses and
open space uses. The Community Center of a TND development should be organized so
that Community Center is within approximately ¼ mile from the residential blocks of the
development.
D.Over Shop Housing. Within the Community Center or other mixed use areas, residential
uses may be established on the second or subsequent floor of any commercial building in
a TND District.Lobbies or entries serving residential uses shall be permitted on the
ground floor.
E.Common Open Space. A minimum of 85 percent of the residential units within the
TND project shall be within ¼ mile of an improved common open space such as a park or
plaza having a minimum area of 20,000 square feet that includes, at a minimum,
improvements such as benches, activity areas, and landscaping. No more than 50% of
the required open space shall be located in environmental features or areas designated as
green infrastructure as identified by the Comprehensive Policy Plan.
F.Central Plaza or Square.A formally designed central plaza or square that is located
within the Community Center of an Urban Center shall be provided and shall be a
minimum of 40,000 square feet in area.Central plazas or squares located in designated
neighborhood villages shall be a minimum of 20,000 square feet in area. At least one
side of the plaza shall adjoin a road. The plaza shall include public amenities, such as
ponds, fountains, public areas, plant beds, benches, drinking fountains, clock pedestals
and the like. Buildings that adjoin the plaza shall be a minimum of two (2) stories.The
central plaza or square may count towards the required open space for a TND
Development.
G.Building Entrances.All commercial buildings shall have direct pedestrian access
provided from the entrance of the building to the sidewalk on the closest public or private
right-of-way.
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1)Along the main street in the Community Center the principle building entrance of
structures shall be oriented towards the street or adjacent plazas, greens, parks,
squares or pedestrian passageways.
2)Where parking facilities are provided at the rear of a building, pedestrian access shall
be provided from the parking facility to the ground floor uses, either through rear
building entrances, pedestrian ways along the perimeter of buildings, or by pedestrian
throughways which connect the rear parking lots to the sidewalks along the front lot
line. Pedestrian throughways may be exterior and located between buildings or may
be incorporated into the interior design of a structure. Pedestrian throughways shall
be a minimum of 5 feet wide.
H.Sidewalks and pedestrian walkways.Continuous sidewalks shall be provided along
both sides of all public and private streets within a TND district,excluding alleys.
Sidewalks located along primary commercial building entrances on the main street of a
Community Center utilized for the general public shall be a minimum of ten (10) feet
wide.All other sidewalks shall be a minimum of five (5) feet wide. Within the
Community Center streetscape elements shall be incorporated throughout the core;
elements can include as but are not limited to brick pavers, street furniture and waste
receptacles.
I.Trails.All planned bike trails as identified in the Comprehensive Plan shall be provided
along any road within a TND district.In addition, trails shall be provided along one side
of all arterial and collector roads within a TND District.Trails shall be a minimum of 10
feet wide and have a paved surface.
J.Recreational Facilities.One recreational unit as outlined in §165-402.08B,or
equivalent recreational facility shall be provided for each 30 dwelling units, excluding
over shop housing. 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
Director of Planning 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.
K.Parking.A TND project shall have the following parking requirements:
1)Within the Community Center and all mixed use commercial areas, all off-street
parking lots are required to be located at the rear or side of buildings. When
provided along the side of building and fronting on the main street, parking areas
shall be masked from any road right of ways by a streetscreen. Streetscreens
should be constructed of a material matching the adjacent building façade.
Parking areas should also be designed to be shared by multiple owners/users.
2)A parking lot or garage may not be adjacent to or opposite major street
intersections.
3)In the mixed-use areas, a commercial use must provide one parking space for
every 500 square feet of gross building area.
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4) Parking lots or garages within the commercial areas of the TND project shall
provide one bicycle rack place for every ten motor vehicle parking spaces within
the Community Center.
5)Parking lot landscaping shall be required per §165-203.01 unless alternative
landscaping is specified in the Design Guideline Manuel.
6)Single family residential structures are required to have two off street parking
spaces per dwelling unit. Multi-family uses and over shop housing must provide
one parking space for the first bedroom and 0.5 parking spaces for each additional
bedroom.
7)The Zoning Administrator may allow some variation in the parking standards for
required parking as outlined in § 165-202.01.
L.On-Street parking.Generally on-street parking shall be provided throughout the
Community Center of a TND Development. The following shall apply to on-street
parking:
1)On-street parking can be counted towards meeting the required parking in this
section, provided such parking is located within 400 feet of the subject principal
use.
2) On-street parking may be angled and shall be inset into the block with street trees,
plantings and/or street furniture incorporated between groups of parking spaces.
3)Private streets internal to a TND Development may be used for on street parking
as described above when such streets are clearly defined and constructed as streets
rather than as off street parking lots. Such streets shall have buildings generally
located directly adjacent to and fronting the private street.
M.Property Owners Association.Conditions, covenants and restrictions shall be
established and recorded in the Frederick County Land Records for a TND Development.
The conditions, covenants, and restrictions shall be in effect prior to the occupancy of the
first use in the TND Development. These conditions, covenants, and restrictions must:
1)All property owners associations shall be in conformance with the requirements
of §165-201.11 and § 144-32 of the Code of Frederick County.
2)One (1) master association shall be created for the purpose of the conditions,
covenants, and restrictions of the development. Sub-associations may be created
that regulate different land uses. Each property owner shall have a mandatory
membership in the association.
3)Provide for the ownership, development, design review, management, and
maintenance of open spaces, common areas, private alleys and streets;
4) Provide for the maintenance of landscaping;
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5)Require the collection of assessments;
6)Be in effect for a term of not less than ninety-nine (99) years; and,
7)Before a property owners’ association is dissolved, require that the property
owners’ association obtain the approval of the Board of County Supervisors
regarding the disposition and management of open space, community parking,
and other common areas.
N.Signage.
1)The following requirements shall apply to commercial signage in the TND
district:
a)Projecting signs. Signs which project from the face of the building shall
be permitted subject to the following:
i.Maximum sign area shall be six (6) square feet on any side of the
building.
ii.Distance from the lower edge of the signboard to the ground shall be
eight (8) feet or greater.
iii.Height of the top edge of the signboard shall not exceed the height of
the wall from which it projects for single story buildings, or the
height of the sill or bottom of any second story window for multi-
story buildings.
iv.Distance from the building to the signboard shall not exceed six (6)
inches.
v. Width of the signboard shall not exceed four (4) feet.
b)Awning signs. Where awnings are provided over windows or doors,
awning signage is permitted with the following provisions:
ii.Maximum eight (8) square feet of signage area on an awning.
iii.No backlit awnings are allowed.
c) Wall-mounted signs shall be permitted to encompass 1.5 square feet for
every 1.0 linear feet of building frontage, provided that the total area of
the wall-mounted sign does not exceed 150 square feet. The height of
wall-mounted signs shall not exceed 18 feet above the ground.
d)Freestanding business signs shall not exceed 50 square feet in area.
Freestanding business signs shall not exceed 12 feet in height.
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2) All other signs types not specified above shall be regulated by §165-201.06 of this
chapter.
O.Lighting.
1)Street lights shall be installed on both sides of streets within the Community
Center at 80-100 foot intervals measured parallel to the street. The placement of
all other street lighting shall be in conformance with §144 of the Frederick
County Code.
2) All outdoor lighting shall be in conformance with § 165-201.07.
§ 165-503.15 General regulations.
A.Size. No minimum lot size is required.
B.Residential density. Maximum gross residential density shall not exceed 16 units per
acre unless additional density credits are purchased from a sending parcel as outlined in
Article III, Transfer of Development Rights (TDR) Program. When TDR’s are utilized in
a TND Development the maximum gross residential density shall not exceed 24 units per
acre. In no case shall the residential density in any residential land bay be less than six
units per acre. Over the shop housing shall not count towards the maximum gross
residential density.
C.Dimensional and intensity requirements.
1)The following dimensional and intensity requirements shall be applicable for all
development within the TND district:
TND District
Requirements
Minimum front yard setback on 30
Primary and arterial highways (feet)
Minimum front yard setback for commercial
Uses on collector or minor streets (feet) No Minimum
Maximum front yard setback for commercial
Uses on collector or minor (local) streets (feet)25
Minimum front yard setback for residential
Uses on collector streets (feet) 25
Minimum front yard setback for residential
Uses on minor streets (feet) No Minimum
Maximum front yard setback for residential
Uses on minor streets (feet)25
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Side yard setbacks (feet)-
Rear yard setbacks (feet)-
Minimum Floor area to lot area ratio (FAR)0.4
Maximum Floor area to lot area ratio (FAR)2.0
Urban Center Community Center
Maximum Building Height (Feet)100
Maximum Building Height for all other areas (Feet)60
2)The Zoning Administrator may increase the maximum front yard setback within the
Community Center to not more than 35 feet for eating and drinking establishments to
accommodate outdoor seating areas.
3)Within residential land bays of a TND District, the Design Guidelines Manuel shall
specify all required building setbacks. If setbacks are not outlined in the Design
Guidelines Manuel,setbacks shall be required as specified in the RP (Residential
Performance) Zoning District.
§ 165-503.16 Use Limitations
A.Buffering and Screening.
1)No loading areas or refuse collections areas shall be located closer than 100 feet
from any residential district or use. No off-street parking areas shall be located
closer than 50 feet any residential district or use.
2)Loading areas and refuse collection areas shall be screened or buffered from view of
adjoining streets and residential areas. Mechanical equipment, whether on the
ground or the roof of a building shall be screened to where it is not visible from any
street. Parking lots shall be landscaped in accordance with § 165-202.01 unless
alternative landscaping is specified in the Design Guideline Manuel.
3)All parcels within the TND District which adjoin parcels located outside of the UDA
that are utilized for agricultural activities shall provide the following buffers:
a.A one-hundred foot buffer adjacent to a parcel whose primary use is agriculture.
Agricultural land use shall be considered to be any parcel zoned RA (Rural
Areas) District whose primary use is not residential.A twenty-foot landscaped
easement, measured from the adjoining property line, shall be provided which
contains a single row of evergreen trees on ten-foot centers that are a minimum
of four feet at the time of planting.Parking and maneuvering areas may be
established within the remainder of the buffer area, provided that all
requirements of § 165-202.01 are met.
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4)Buffers and screening between housing types and commercial development internal
to the TND District shall not be required. Zoning district buffers shall not be
required along any existing road right-of-ways which border the development.
5)Buffering and screening requirements shall be provided as required in § 165-203.02
of this chapter for the zoning district that corresponds to the use being buffered
and/or screened unless alternative buffer and screening is specified in the Design
Guideline Manuel. Any residential dwelling units located above commercial floor
space shall be treated as commercial floor space solely for the purpose of buffers and
screening requirements.
6) Road efficiency buffers shall be provided as specified in § 165-203.02 of this chapter
unless alternative buffering is specified in the Design Guideline Manuel.The
creation of alternative road efficiency buffer designs is encouraged within TND
Districts.
B.Street Trees and Residential Landscaping.
1)All roads and streets within a TND District shall have canopy shade trees (street
trees) and shall be planted at an average spacing not greater than 40 feet on center
and no more than 10 feet from rights of way.Trees should preferably be located in
street tree pits, between the sidewalk and the curb or within the landscaped area of a
boulevard.
a.Species shall be selected from the species permitted by § 165-203.01B(1).
Street trees shall be a minimum of 2.5 inch caliper at the time of planting.
b.All plating shall be in conformance with § 165-203.01B(2).
c.Within the Community Center, street trees shall consist of a single species with
shade canopies of a height that, at maturity, clears at least one story.
d.Within the Community Center low metal fencing or railing that is attractive and
durable shall be installed around the Street Tree pit area to prevent pedestrian
damage to planting materials. Consistency of fencing design is required within
a project.
e.Tree pits should be as large as possible to allow for ample growing space for
tree roots and crown.Street trees shall be provided with a minimum of 400
cubic feet of soil volume; this may be accomplished through open soil areas,
root paths, soil cells,covered soil areas or a combination of all.When covered
soil areas are proposed, structural Soil shall be utilized.
f.Tree pit guards and sidewalk level tree grates are not permitted directly around
the street trees. Grates can be used as soil covering when they are not
immediately adjacent to the tree.
§ 165-503.17 Motor Vehicle Access and Circulation.
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A.Motor Vehicle Circulation. Motor vehicle circulation shall be designed to promote
pedestrian circulation and bicycle activity. Streets within the TND shall include traffic
calming elements to encourage slow moving traffic speeds such as queuing streets, traffic
circles, parallel and angled on-street parking and medians, as determined by the County
Transportation Planner.
B.Street Layout.Development in the TND District shall maintain a street grid pattern of
generally parallel interconnecting streets with no cul-de-sacs except as may be approved
during the review of the Master Development Plan due to topographic or site design
constraints. Driveways to individual residential lots shall be prohibited along all roads
identified as arterial or collector roadways. Driveways to individual residential lots are
encouraged to be from alleys.
C.Street Orientation. The orientation of streets should enhance the visual impact of
common open space and prominent buildings, create lots that facilitate passive solar
design, and minimize street gradients.
D.Private Streets. A partial or complete network of private streets may be permitted
within a TND Development upon approval by the Board of Supervisors at the time of
rezoning. However roads or streets depicted on the Frederick County Eastern Road Plan
shall not be permitted to be private. The location of all private streets must be shown on
the Master Development Plan and shall meet the vertical base requirements of the
Virginia Department of Transportation for the projected traffic volume.
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ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS
Part 101 –General Provisions
§ 165-101.02. Definitions and word usage.
ALLEY – A public or private way permanently reserved as a secondary means of access to
abutting residential property. Alleys may also provide delivery access to commercial properties.
ARCHITECTURAL STANDARDS –Architectural standards shall include building façade
treatments (such as but limited to building materials and colors), street screens, roof details (form
and pitch) and street lighting.
AWNING –A cantilevered, projected or suspended cover over the sidewalk portion of a street.
Also, roof-like coverings, usually canvas or metal and often adjustable, placed over the sidewalk,
windows, or other doors to provide protection from sun and rain.
BLOCK – A unit of land bounded by streets or by a combination of streets and public land,
railroad right-of-way, waterways, or any other barrier to the continuity of development.
CIVIC USE –Community uses including: meeting halls, libraries, schools, post offices (retail
operations only); places of worship; museums; cultural, visual and performing art centers;
government buildings; and, other uses as determined by the Zoning Administrator.
COMMUNITY CENTER –An area of more intense uses consisting of a mix of commercial,
residential in the form of over shop housing, civic or institutional uses and open space uses.
TND developments should be designed so that residential blocks are within approximately ¼
miles from the Community Center.
GROUND FLOOR OR GROUND STORY –The first level of a building where at least 80
percent of the finished floor elevation is within 18 inches of the adjacent fronting sidewalk level.
NEIGHBORHOOD VILLAGE –Compact centers that focus and complement surrounding
neighborhoods; they are walkable and designed at human scale and are supported by existing and
planned road networks.
OVER SHOP HOUSING –Residential units in upper stories of commercial and office
structures. Over shop housing shall not count towards the required density of any development
but shall count towards any minimum FAR.
PRINCIPAL ETNRANCE – The main point of access for pedestrians into a building.
PRINCIPAL USE OR STRUCTURE -The primary or predominant use or structure of any
parcel or lot, as distinguished from accessory or secondary uses and structures.
STREETSCREEN –A freestanding wall built along a road, parallel with the façade of a building
to mask a parking lot from the road. Streetscreens should be between 3.5 and 8 feet in height
and shall have openings no larger than necessary to allow automobile and pedestrian access.
DRAFT Traditional Neighborhood Development District (TND) 3/05/2013
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STRUCTURAL SOIL –A load-bearing soil that resists compaction to allow for healthier tree
root growth. Angular gravel within the soil mix allows air and water to permeate while
supporting pavement loads.
TRADITIONAL NEIGHBORHOOD– A comprehensive and compact, mixed-use development
pattern based on the land development principles that guided the first settlements, towns and
cities of the United States and that is alternative to the typical post-World War II suburban, use-
segregated developments. Traditional Neighborhoods include a variety of housing types and
lands uses in a defined area. The variety of uses permits educational facilities, civic buildings,
and commercial uses to be located within walking distance of private residences. A Traditional
Neighborhood is typically served by a network of paths, trails, and streets suitable for pedestrians
as well as vehicles that provide residents with the option of walking, biking or driving to places
within their neighborhood.
URBAN CENTER –Areas larger than neighborhood villages and are envisioned to be a more
intensive, walkable urban area with a larger commercial core, higher densities, and be designed
around some form of public space or focal point. Urban Center should be located in close
proximity to major transportation infrastructure.
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Chapter 165 – Zoning
Part 202 – Off-Street Parking, Loading and Access
§ 165-202.03. Motor vehicle access.
A. New driveways.
(1) Private driveways or entrances shall be allowed to provide access to individual residences
or uses. Private driveways or entrances
shall also be allowed to provide access to parking
lots and loading areas shared by a number of residences or uses.
(2) In order to provide safe and convenient access and to provide efficient travel on arterial
highways, a minimum spacing shall be provided between new driveways onto and
entrances onto collector roads, and onto arterial highways, and
primary and arterial
highways, in the following zoning districts: [Amended 12-10-2008]
B1 Neighborhood Business
B2 Business General
B3 Industrial Transition
OM Office-Manufacturing Park
M1 Light Industrial
M2 Industrial General
(3) In addition, the minimum spacing requirements shall apply to: (a) any business, industrial
or institutional use in any zoning district, or and to (b)
any residential development in
which more than one dwelling shares a parking lot.
(4) Minimum spacing shall also be provided in all zoning districts between (a) new residential
driveways onto and commercial entrances onto collector roads, arterial highways, and
primary highways and (b) the intersections of other roads with the such collector roads, or
arterial highways, and primary highways. Minimum spacing between driveways/
entrances and between driveways/entrances
and intersections shall be as follows:
Minimum Residential Driveway, Full Commercial Entrance and Intersection
Spacing on Primary
Highways, and Arterial Highways
, and Collector Roads
Posted Speed Limit (mph)
Road Classification
Minimum Required Spacing (feet)
35 or less 150
More than 35 200
Minor Collector 100
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(5) In all cases, the spacing distances shall be measured from the centerline to centerline in
feet.
tangent line to the curb return of the driveways or intersecting streets.
(6) The minimum spacing for access on minor collector roads shall be 70 feet between
driveways and between driveways and intersections. The minimum spacing for business or
industrial entrances and road intersections on major collector roads shall be 150 feet. [Amended
9-13-1995] [Deleted]
[Note: (6) can be deleted because its contents have been moved to the
chart in (4).]
(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:
(6) (a) Existing access. When a parcel abuts a minor or collector street that intersects with the
arterial or primary highway and when the parcel cannot be provided with an entrance
Major Collector – residential
driveway/entrance
150
Major Collector – commercial entrances 70 250
150 Primary or Arterial
with posted speed limit 45 mph or less
250
200 Primary or Arterial
with posted speed limit more than 45 mph
495
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onto the arterial or primary highway that meets the spacing requirement, access to the
parcel shall be only from the existing entrance on the minor or collector street and
new entrances shall not be allowed directly onto the arterial or primary
highway.
(7) (b)Shared access. When a lot is created on a collector road or arterial or primary highway,
shared means of access to the road or highway shall be created by access easement,
shared driveway, shared entrance
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/entrance
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 on the
lot to be divided or developed.
[2] When a lot is divided or developed that cannot be provided with access
meeting the spacing requirements and when means of shared access
that meets spacing requirements has been provided on adjoining lots
that can be used to provide access to the lot in question, entrances shall
not be allowed directly onto the arterial or primary highway from the
lot to be divided or developed.
[3] When a number of lots are divided or developed that have been
included together on an approved master development plan, site plan
or subdivision plat, shared driveways/
entrances shall be provided as
required to meet the spacing requirements.
[4] When shared access is provided to meet the requirements of this
section, the Zoning Administrator may require that it be provided in the
form of an access easement. The Zoning Administrator may require a
deed of dedication describing provisions for joint use and maintenance
of that easement. Provisions for shared entrance signs may also be
required.
[5] Shared access easements shall be provided in a manner so that shared
driveways are clearly separated from parking areas, loading areas and
pedestrian walkways.
[6] Shared access easements that follow lot lines are preferred.
(8) New lots. No new lot shall be created on an arterial highway any state maintained road
unless spacing requirements can be met for driveways/
entrances on the lot or unless
access is provided through shared or existing access.
(9) Number of driveways or entrances. No more than one driveway or entrance shall be
allowed per parcel if driveways are allowed which do not unless each
driveway/entrance from the parcel separately meets the spacing requirements,
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relative to each other and relative to any intersections within the minimum required
spacing distance in all directions. The Zoning Administrator may permit
entrances/driveways that do not meet the minimum spacing requirements if they are
utilized solely for emergency access and are not open the public; such entrances must
be gated or chained.
(10) Entrances on collector and minor streets. Whenever a parcel abutting an arterial
highway also abuts a collector or minor road, in order to obtain an entrance on the
arterial road, an entrance must be provided on the collector or minor road. This shall
only be required if a safe entrance can be provided on the collector or minor road,
meeting all requirements of the Frederick County Code and the Virginia Department of
Transportation.
(11) All driveways and entrances onto state-maintained highways must also meet all
requirements of the Virginia Department of Transportation and all other requirements
of
the Frederick County Code.
(12) New driveways and entrances
shall align with existing or planned driveways, crossovers,
turn lanes or other access features. This shall only be required if the resulting alignment
provides safe access and if all requirements of the Frederick County Code and the
Virginia Department of Transportation are met.
(13) The location of new driveways and entrances
shall conform with road improvement
plans or corridor plans that have been adopted by Frederick County or the Virginia
Department of Transportation.
(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.
B. Alternative methods.
(1) The 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 (such as a right-in/right-out only entrance),
methods which ensure one-way travel or other methods.
(2) In such cases, the Zoning Administrator may require a traffic access plan which describes
existing traffic, conditions and design on the streets abutting the site and the methods
proposed to ensure that the intent of this section has been met.
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(3) Requested alternative methods of motor vehicle access which do not meet the
minimum requirements of § 165-202.03 must be approved by VDOT prior to approval
by the Zoning Administrator.
C. Internal circulation. A complete system of internal traffic circulation shall be provided to serve
all uses in any shopping center, industrial park or any development included in a single master
development plan, site plan or subdivision plat approved by Frederick County. In such
developments, internal access shall be provided in a fashion so that all uses can be mutually
accessed without entering onto arterial or primary highways. In such cases, a pattern of internal
circulation shall be designed to ensure that conflicts are avoided between moving vehicles,
parking areas, pedestrian areas, loading areas and the various uses provided.
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 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.
E. Fire lanes. Fire lanes shall be required as set forth in Chapter 90, Fire Prevention.EN [Added 12-
9-1992]