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PC 09-05-12 Meeting Agenda AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia September 5, 2012 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting ................................................................ (no tab) 2) Committee Reports .................................................................................................. (no tab) 3) Citizen Comments .................................................................................................... (no tab) PUBLIC HEARING 4) Ordinance Amendment – Revisions to all waiver opportunities contained within the Zoning and Subdivision Ordinances, Chapter 165 Zoning and Chapter 144 Subdivision of Land, to ensure that all waiver opportunities are authorized by the appropriate approving body; either by the Board of Supervisors or by the Zoning/Subdivision Administrator. Mr. Ruddy ........................................................................................................................ (A) PUBLIC MEETING 5) Rezoning #06-12 of Willow Run, submitted by Greenway Engineering, to revise proffers associated with Rezoning #21-06. This revision relates to the “Transportation Enhancements” section of the proffers. The properties are located east of Route 17 and Merriman’s Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester corporate limits, in the Gainesboro Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53- A-92B, 53-3-A and 63-A-2A Mr. Bishop ....................................................................................................................... (B) 6) Other 7) Adjourn ATTACHMENT 1 PC Waivers Attachment #1 Page - 1 Chapter 165 – Zoning Planning Commission Waivers – Modifications Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Code Section and Waiver Text Administrative Approval BOS Action Required Part 201 – Supplementary Use Regulations § 165-201.03 Height limitations; exceptions. B. Exceptions to height requirements. (6) General office buildings in the B2 and B3 Zoning Districts and hotel and motel buildings in the B2 Zoning District shall be exempt from the maximum height requirement of those zoning districts. In no case shall the height of such buildings exceed 60 feet. When such exemptions are proposed adjacent to existing residential uses, the Planning Commission Board of Supervisors shall review the site development plan pursuant to the provisions of § 165- 203.02A(3). X *This waiver has the ability to impact adjacent residential properties and therefore should be a BOS Waiver. § 165-201.08 Protection of environmental features. B. All developments which require a master development plan, subdivision design plan, site plan, or preliminary sketch plan shall preserve the following environmental features as described: (6) Steep slopes. No more than 25% of steep slopes, as defined, shall be disturbed or regraded. The Zoning Administrator may allow the disturbance of additional small areas where that disturbance will alleviate potential health or safety problems and will not significantly denigrate the overall environmental quality of the site. The Planning Commission may allow the disturbance of larger areas of steep slopes. C. In residential developments, the areas of undisturbed environmental features described in § 165-201.08B shall be located in areas of open space. However, the Zoning Administrator Planning Commission may allow undisturbed areas to be included in the required setback and yard areas on residential lots when the extent, location, and disturbance of environmental areas make it impractical to place the undisturbed areas in common open space. In such circumstances, environmental easements, deeds of dedication, final subdivision plats, or other legal instruments approved by the Zoning Administrator shall be required to specify the restrictions to be placed on the environmental areas. X * Subdivision Phase *Administrative approval Part 202 – Off-Street Parking, Loading and Access § 165-202.01 Off-street parking; parking lots. Off-street parking shall be provided on every lot or parcel on which any use is established according to the requirements of this section. This section is intended to ensure that parking is provided on the lots to be developed and to ensure that excess parking in public street rights-of-way does not interfere with traffic. (4) Procedure for Adjustments to Parking Requirements. a) Generally, the Planning Commission Zoning Administrator may approve X ATTACHMENT 1 PC Waivers Attachment #1 Page - 2 a reduction in required parking spaces. Applications for such a reduction shall be submitted to the Zoning Administrator in conjunction with a site plan and include the following: 1) A parking demand analysis which substantiates the basis for a reduced number of parking spaces. 2) A plan showing how the parking spaces will be provided on the site. 3) An executed covenant guaranteeing that the owner will provide the additional spaces otherwise required, if the Planning Commission, upon recommendation of the Zoning Administrator, after thorough investigation by the Zoning Administrator of the actual utilization of parking spaces at the building or complex, decides that the approved reduction be modified or revoked. Said covenant shall: i. Be executed by the owner of said lot or parcel of land and the parties having beneficial use thereof; ii. Be enforceable by the owner, the parties having beneficial use, and their heirs, successors and assigns or both; iii. Be enforceable against the owner, the parties having beneficial use, and their heirs, successors and assigns or both; and iv. Be recorded in the Office of the Clerk of the Circuit Court. 4) The Zoning Administrator will review the above completed application and make a recommendation to the Planning Commission. The Planning Commission may impose such additional conditions as are deemed necessary to protect and assure compliance with the objectives of this section. * Site Plan Phase *Administrative approval X * Site Plan Phase *Administrative approval § 165-202.03 Motor vehicle access. A. New driveways. (7) Spacing exceptions. New driveways with entrances on arterial or primary highways which do not meet the above spacing requirements shall be allowed only when access meeting the spacing requirements cannot be provided from the arterial highway to the individual property by using one of the following methods: (b) Shared access. When a lot is created on a collector road or arterial highway, shared means of access to the road or highway shall be created by access easement, shared driveway or other means to ensure that the spacing requirements have been met. [1] When a lot is divided or developed that can be provided with a driveway meeting the spacing requirements but that is adjacent to other parcels or lots that will not be able to have entrances meeting the spacing requirements, means of highway access to the adjoining property may be required by the Zoning Administrator or Planning Commission on the lot to be divided or developed. B. Alternative methods. X * Subdivision Phase *Administrative approval ATTACHMENT 1 PC Waivers Attachment #1 Page - 3 (1) The Planning Commission Zoning Administrator may allow other means of motor vehicle access which do not meet the above requirements. Such means may involve the use of entrances which physically limit or restrict left turns, methods which ensure one-way travel or other methods. D. Pedestrian access. Safe pedestrian walkways shall be provided to all uses on land included in a master plan or site plan approved by Frederick County. Sidewalks shall be provided in conformance with adopted corridor or walkway plans or approved master development plans. The Planning Commission Board of Supervisors may require additional sidewalks or walkways on master plans or the Zoning Administrator may require additional sidewalks or walkways on site plans to promote a general system of pedestrian access in residential neighborhoods or business corridors. X * Site Plan or Subdivision Phase *Administrative approval X *In the case of a Site Plan or a Subdivision Design Plan the Zoning Administrator could require additional sidewalks or walkways X *In the case of a rezoning or MDP the BOS could require additional sidewalks or walkways Part 203 – Buffers and Landscaping § 165-203.02 Buffer and screening requirements. It is the intent of the regulations of this section to encourage proper design of a site in order to protect adjacent existing uses and to protect proposed uses within the site. Certain types of uses must be buffered from other types in order to ensure a desirable living environment. Additionally, appropriate distances must be maintained between commercial, industrial and residential uses and roads. A. Distance buffers. Distance buffers are based on the nature of an activity and its proximity to an activity of a different nature. They are linear distances measured from property lines inward. Part of the buffer must be inactive and part may be active. The inactive portion begins at the adjoining property line, as shown in the example diagrams. (3) Wherever proposed developments are adjacent to or within 1,000 feet of the boundaries of existing uses, the Planning Commission Board of Supervisors may require increased or additional distance buffers to separate different uses to achieve the intentions of this section. B. Screening. Screening is designed to work with distance buffers to lessen the impact of noise or visual interaction between adjacent activities. There are two levels of screening: landscape screening and full screening. The higher the level of screening provided, the lower the level of distance buffer required. The example diagrams show how this works. (3) Wherever proposed developments are adjacent to existing uses, the Planning Commission Board of Supervisors may require additional landscaping or landscaped easements to separate different uses and to achieve the intentions of this section. C. Residential separation buffers. Perimeter and interior residential separation buffers shall be established to adequately buffer single-family detached traditional and cluster dwellings from other housing types. The function of the perimeter separation buffer shall be to adequately separate different housing types within adjoining developments, while the interior separation buffer shall adequately separate different housing types within mixed-use developments. X *This waiver would need to be imposed at a rezoning or master development phase. X *This waiver would need to be imposed at a rezoning or master development phase. ATTACHMENT 1 PC Waivers Attachment #1 Page - 4 The requirements for perimeter and interior residential separation buffers are as follows: (3) Interior residential screening. This buffer shall be designated as a continuous landscaped easement that will be placed between single-family detached traditional and cluster dwellings and other housing types. This landscaped easement shall be at least 10 feet in depth and contain a double row of evergreen trees. Each row of evergreen trees shall be a minimum of four feet in height at time of planting and spaced no more than eight feet apart. If natural barriers, topography or other features achieve the function of an interior separation buffer, the requirement may be waived by the Planning Commission Zoning Administrator . D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain different zoning districts. (10) When a flex-tech development is split by a zoning district line, the Planning Commission Zoning Administrator may allow for a reduction of the distance buffer and the relocation of the screening requirements. Such modifications shall be allowed at the Commission's Zoning Administrators discretion, provided that all of the following conditions are met: (a) The zoning district boundary line for which the modification is requested is internal to the land contained within the master development plan. (b) The required landscape screen is relocated to the perimeter of the flex- tech development. This relocated landscape screen shall contain the same plantings that would have been required had the screen been placed along the zoning district boundary line. E. Road efficiency buffers. (3) All road efficiency buffers shall contain evergreen trees intended to reach a minimum height of 20 feet at maturity. These evergreen trees shall provide a continuous screen, with plantings spaced no more than 10 feet apart. The full-distance buffer shall contain a double row of evergreen trees that are a minimum of four feet in height when planted. The reduced-distance buffer shall contain an earth berm that is six feet in height above the average road grade and shall contain a single row of evergreen trees that are a minimum of four feet in height when planted. Alternative landscaping may be permitted near entrance drives to ensure safe sight distances. The Planning Commission Zoning Administrator may allow for alternative designs which meet the intent of the section in the event of topography or sight distance constraints. X * Site Plan or Subdivision Phase *Administrative approval X * Site Plan Phase *Administrative approval X * Site Plan or Subdivision Phase *Administrative approval Part 204 – Additional Regulations for Specific Uses § 165-204.06 Flex-tech uses. C. All flex-tech developments shall adhere to a site plan that has been approved by the Frederick County Zoning Administrator and complies with the requirements set forth in this chapter and to the following flex-tech design standards: (2) Site layout requirements. ATTACHMENT 1 PC Waivers Attachment #1 Page - 5 (a) Loading bays. [1] All loading bays shall be located so that they are not visible from road rights-of-way. All loading bays shall be screened from view by the building, landscaping, walls or decorative fencing. [2] Except during the process of loading or unloading, trucks and trailers shall not be parked outside the building, unless parked in screened areas not visible from adjacent road rights-of-way or properties. [3] The Planning Commission Zoning Administrator may waive any and all of the loading bay location and screening requirements when a site is bordered by two or more road rights-of-way. In no case shall a loading bay be visible from an arterial or collector road, as identified by the Frederick County Comprehensive Policy Plan. X * Site Plan Phase *Administrative approval § 165-204.11 Landfills, junkyards, trash disposal, and inoperable vehicles. Landfills, junkyards, automobile graveyards, dumping and trash heaps shall be permitted only where specifically allowed by the zoning district regulations of this chapter. Where allowed, such uses shall meet all requirements of the Frederick County Code and applicable state and federal regulations. B. A minimum buffer of 600 feet shall be maintained on parcels containing a landfill adjacent to properties containing residences or properties zoned RP Residential Performance, MH1 Mobile Home Community, R4 Residential Planned Community or R5 Residential Recreational Community. Such buffers shall be along the boundary of the property adjacent to the properties so zoned or containing the residences. In addition, the Planning Commission Board of Supervisors may require landscape screening or full screening in the buffer as described by this chapter. If a residential development is established adjacent to an existing landfill, a Category C buffer shall be placed on the land containing the residential development. In no case shall residences be placed within 600 feet of a landfill. X *This requirement has the ability to impact adjacent residential properties and therefore should be a BOS Waiver. § 165-204.14 Sewage treatment facilities. B. A minimum buffer of 600 feet shall be maintained on parcels containing sewage treatment facilities adjacent to properties containing residences or properties zoned RP Residential Performance, MH1 Mobile Home Community, R4 Residential Planned Community or R5 Residential Recreational Community. Such buffers shall be along the boundary of the property adjacent to the properties so zoned or containing the residences. In addition, the Planning Commission Board of Supervisors may require landscape screening or full screening in the buffer as described by this chapter. If a residential development is established adjacent to an existing sewage treatment facility, a Category C buffer shall be placed on the land containing the residential development. In no case shall residences be placed within 600 feet of a sewage treatment facility. X *This requirement has the ability to impact adjacent residential properties and therefore should be a BOS Waiver. § 165-204.19 Telecommunication facilities, commercial. B. The following standards shall apply to any property in which a commercial telecommunication facility is sited, in order to promote orderly economic development and mitigate the negative impacts to adjoining properties: (1) The Planning Commission Board of Supervisors may reduce the required setback distance for commercial telecommunication facilities as required by X CUP and BOS ATTACHMENT 1 PC Waivers Attachment #1 Page - 6 § 165-201.03B(8) of this chapter if it can be demonstrated that the location is of equal or lesser impact. When a reduced setback is requested for a distance less than the height of the tower, a certified Virginia engineer shall provide verification to the Planning Commission Board of Supervisors Review Required that the tower is designed, and will be constructed, in a manner that if the tower collapses for any reason the collapsed tower will be contained in an area around the tower with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. In no case shall the setback distance be reduced to less than 1/2 the distance of the tower height. Commercial telecommunication facilities affixed to existing structures shall be exempt from setback requirements, provided that they are located no closer to the adjoining property line than the existing structure. § 165-204.21 Truck or fleet maintenance facilities and truck rental and leasing facilities, without drivers. F. The Planning Commission Zoning Administrator X may require additional buffers and screening other than those defined in § 165-203.02 of this chapter. * Site Plan Phase *Administrative approval § 165-204.23. Welding Repair (SIC 7692). A. Welding repair operations in the RA (Rural Areas) District, shall meet the following requirements: (1) The Planning Commission Board of Supervisors may require buffer and screening elements and/or distance when deemed necessary to protect existing adjacent uses. X CUP and BOS Review Required ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Code Section and Waiver Text Administrative Approval BOS Action Required Part 401 – RA Rural Areas District § 165-401.02 Permitted uses. Structures and land shall be used for one of the following uses: S. Oil and natural gas exploration, provided that the following requirements are met: (1) All requirements of the Code of Virginia, as amended, and all applicable federal, state and local regulations shall be met. (2) A site plan shall be reviewed and approved meeting all requirements of the Frederick County Code. (3) Approval of the site plan and use shall be for 90 days, with subsequent renewals being approved by the Planning Commission Board of Supervisors. X Due to the use the BOS should renew these plans. § 165-401.06 Permitted lot sizes. The following types of lots shall be permitted: C. Rural preservation lots. (2) Exception to the Rural Preservation Tract. In cases where excessive topography or other natural features of a site create a situation where a higher quality subdivision design, resulting in less physical and/or visual disruption could be achieved by allowing two residual parcels to be created, the Planning Commission Zoning Administrator may permit the 60% to be made up of two parcels. X * Subdivision Phase *Administrative approval Part 402 – RP Residential Performance District § 165-402.07 Open space requirements. ATTACHMENT 1 PC Waivers Attachment #1 Page - 7 A. A minimum percentage of the gross area of any proposed development shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the development. Such open space shall be dedicated to a property owners association or to Frederick County. Open space shall be dedicated to Frederick County only with the approval of the Board of Supervisors. The Planning Commission Board of Supervisors may allow public libraries and public schools to be located within areas designated as common open space, provided that the proposed facilities are indicated on the original master development plan for the residential development. During the review of the master development plan, the Planning Commission Board of Supervisors shall ensure that the location of a proposed public library or public school is appropriate and that adequate buffers, screening and access are provided to prevent negative impacts to adjoining residential uses. Public libraries and public schools shall be dedicated to Frederick County. Developments which contain any of the following housing types shall provide open space as specified below: C. In developments containing only single-family detached urban housing or single- family detached urban housing mixed with single-family detached traditional housing, the required open space may be waived by the Board of Supervisors . The open space requirement shall only be waived when the required open space is less than one acre. Such waivers shall be granted by the Administrator, upon recommendation by the Planning Commission. Such waiver shall not include open space provided to meet environmental requirements. X Master Development Plan Review Required X Master Development Plan Review Required § 165-402.08 Recreation facilities. A. Housing types with lot sizes of less than 5,000 square feet shall provide the following recreational units or equivalent recreational facilities, for each 30 dwelling units. All such developments shall contain at least one such recreational unit. In addition, developments containing single-family small lot housing shall provide a community center that provides for the equivalent of three age- appropriate recreational units for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Planning Commission, in conjunction with the Zoning Administrator in conjunction with and the Department of Parks and Recreation, using the following recreational unit as a guideline. The design of such facilities shall be approved at the time of site plan review. X * Subdivision Phase *Administrative approval Part 403 – MH1 Mobile Home Community District § 165-403.04 Mobile home parks and subdivisions. C. Streets. (2) Private streets in existing mobile home parks. The Planning Commission Board of Supervisors may allow new sections of existing mobile home parks, which are currently served by a complete system of private streets, to be provided with access using private streets. In such cases, the private streets must meet the following requirements: X Master Development Plan Review Required ARTICLE V PLANNED DEVELOPMENT DISTRICTS Part 501 – R4 Residential Planned Community District § 165-501.06 Design requirements. E. Open space. A minimum of 30% of the gross area of any proposed development ATTACHMENT 1 PC Waivers Attachment #1 Page - 8 shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the development. No more than 50% of the required open space shall be within the following environmental areas: lakes and ponds, wetlands or steep slopes. The Director of Planning, upon recommendation of the Planning Commission Board of Supervisors, may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan for the use of these areas. Open space land shall be dedicated to the property owners' association or to Frederick County. Land shall only be dedicated to Frederick County with the approval of the Board of Supervisors. F. Recreational facilities. One recreational unit or equivalent recreational facilities shall be provided for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Planning Commission, in conjunction with the Zoning Administrator in conjunction with and the Department of Parks and Recreation. A recreational unit is designed to meet the recreational needs of 30 dwelling units. The units may be broken into smaller units or added together to meet the needs of the planned community. X * Subdivision Phase *Administrative approval X Master Development Plan Review Required Part 502 – R5 Residential Recreational Community District § 165-502.05 Design requirements. D. Commercial areas. Not more than 6% of the gross area of a residential recreational community shall be used for commercial uses. Commercial uses shall be located in village centers designated on the approved master development plan. The Planning Commission Board of Supervisors may require the submission of a generalized master development plan depicting the type and location of uses, access and circulation patterns within identified village centers. X Rezoning/Master Development Plan Review Required § 165-502.05 Design requirements. F. Open space. A minimum of 35% of the gross area of any proposed development shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the development. No more than 50% of the required open space shall be within lakes and ponds, wetlands or steep slopes. The Planning Commission Board of Supervisors may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan for the use of these areas. Where age- restricted communities are approved with private streets, a minimum of 45% of open space shall be required. X Rezoning/Master Development Plan Review Required § 165-502.05 Design requirements. G. Recreational facilities. One recreational unit or equivalent recreational facilities shall be provided for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Planning Commission, in conjunction with the Zoning Administrator in conjunction with and the Department of Parks and Recreation. When the single- family small lot housing type is used, the requirements of § 165-402.08, Recreational facilities, shall be met. X * Subdivision Phase *Administrative approval § 165-502.05 Design requirements. H. Buffers and screening. Buffers and screening shall be provided between various uses and housing types as if the uses were located in the RP, B1 or B2 Zoning District according to the uses allowed in those districts. Buffers and screening shall be provided accordingly as specified in §165-203.02 of this chapter. Road efficiency buffers shall be provided according to the requirements of that section. ATTACHMENT 1 PC Waivers Attachment #1 Page - 9 In addition, along the perimeter boundary of the Residential Recreational Community District, buffers and screens shall be provided in relation to adjoining properties as if the uses in the planned community were located in the RP, B1 and B2 Zoning Districts. Planning Commission Board of Supervisors X may allow alternative methods for achieving buffer and screening requirements and may waive the interior residential screening and road efficiency buffer requirements in age-restricted communities. Rezoning/Master Development Plan Review Required § 165-502.05 Design requirements. K. Streets. The residential recreational community development shall be provided with a complete system of public streets dedicated to the Virginia Department of Transportation. The road system shall conform with the Frederick County Comprehensive Policy Plan and with road improvement plans adopted by the County. (1) Within any portion of a residential recreational community which qualifies as an age-restricted community, the Planning Commission Board of Supervisors may allow for the installation of private streets, provided that all streets conform to the construction details and materials of the Virginia Department of Transportation Standards and that a program for the perpetual maintenance of all streets is provided which is acceptable to the Commission Board of Supervisors and the Transportation Planner. (2) Within R-5 residential recreation community developments approved prior to 1980, the Planning Commission Board of Supervisors may allow the extension of existing private roads if no other means of access is available. X Rezoning/Master Development Plan Review Required § 165-502.05 Design requirements. M. Alternative access. A combined system of pedestrian and/or bicycle access, in the form of paved sidewalks, interior walkways or bike paths, shall be provided to allow walking or bicycling between every use, structure or recreational facility. Such access shall be connected with existing travelways adjacent to the residential recreational community development. In age-restricted communities, at the time of master development plan approval, the Planning Commission Board of Supervisors may allow local streets without sidewalks to be used and incorporated into the system of pedestrian and bicycle access. The type and nature of trails to be used shall be identified, detailed and approved on the master development plan. X Rezoning/Master Development Plan Review Required ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 601 – Dimensional and Intensity Requirements § 165-601.03 Minimum landscaped area Minimum landscaped area. In the B2 Business General Zoning District, the Planning Commission Board of Supervisors may require that more than 15% of the area of a site shall be landscaped in order to meet the intent of this chapter. X This would need to occur at the rezoning or master development plan phase. Part 608 – EM Extractive Manufacturing District § 165-608.04 Landscaping. Appropriate landscaping or screening may be required by the Zoning Administrator or Planning Commission Board of Supervisors within any required yard setback area in order to reasonably protect adjacent uses from noise, sight, dust or other adverse impacts. X This would need to occur at the rezoning or master development ATTACHMENT 1 PC Waivers Attachment #1 Page - 10 plan phase. s§ 165-608.05 Setback and yard requirements. A. Front setback. (2) Excavations shall be no closer than one hundred feet from any road, street or highway right-of-way. The Planning Commission Board of Supervisors may reduce the required front setback for excavation to 50 feet if it determines that, through the use of measures, such as landscaping or screening, the effective protection afforded to adjacent properties has not been reduced. B. Side and rear setbacks. All principle and accessory structures shall be set back at least 25 feet from any side or rear property boundary. (1) No structure shall be closer than 100 feet from any property line zoned RA, RP, R4, R5 or MH1. The Planning Commission Board of Supervisors may reduce this required setback to 50 feet if it determines that, through the use of measures, such as landscaping or screening, the effective protection afforded to adjacent properties has not been reduced. (2) Excavations shall be no closer than one hundred feet from any property zoned RA, RP, R4, R5 or MH1. No excavation shall be located closer than 200 feet from any dwelling or platted residential subdivision. The Planning Commission Board of Supervisors may reduce these required setbacks to 50 feet if it determines that, through the use of measures, such as landscaping or screening, the effective protection afforded to adjacent properties has not been reduced. **The DRRC recommended that this waiver option be deleted. ** (3) All crushing or screening machinery shall be set back at least 300 feet from any property boundary. If such equipment is fully enclosed within a building which maintains the effective protection afforded adjacent properties, the Planning Commission Board of Supervisors may reduce this yard requirement to a minimum of 200 feet. X *All four of these waivers have the ability to impact adjacent residential properties and therefore should be a BOS waivers. Part 609 – HE Higher Education District § 165-609.04 Buffers and screening. A. The Planning Commission Zoning Administrator may require distance buffers, as defined in § 165-203.02A of this chapter, on lots which abut land in any residential district or land in other zoning districts which are predominantly residential in nature. The size and content of the buffers shall be based on the amount of separation needed. B. The Planning Commission Zoning Administrator X may require landscaped screens or full landscaping, as defined by § 165-203.02B of this chapter, to separate uses in this district from adjoining residential uses and to achieve the intentions of this chapter. * Site Plan Phase *Administrative approval X * Site Plan Phase *Administrative approval ARTICLE VII OVERLAY DISTRICTS Part 704 – IA Interstate Area Overlay District § 165-704.05 District regulations. D. Setback requirements. X *This waiver has the ability to ATTACHMENT 1 PC Waivers Attachment #1 Page - 11 (3) The Planning Commission Board of Supervisors impact adjacent properties and therefore should be a BOS Waiver. may waive any portion of the setback described in §165-704.05D(2) if it can be demonstrated that the setback requirement cannot be met due to the irregular size or shape of the parcel. ARTICLE IX NONCONFORMING USES, STRUCTURES AND SIGNS Part 901 – Nonconforming Uses, Structures and Signs. § 165-901.06 Restoration or replacement. If a legally nonconforming use or structure is destroyed or damaged in any manner, it may be repaired or restored, provided any such repair or restoration is completed within 12 months from the date the legally nonconforming use or structure was destroyed or damaged. The Board of Supervisors Planning Commission may approve a waiver to allow an extension up to 18 months from the date the legally nonconforming use or structure was destroyed or damaged if requested by the owner. All legally nonconforming signs that are destroyed or damaged in any manner may be repaired or restored only if all work is completed within six months from the date the legally nonconforming sign was destroyed or damaged. X *This waiver has the ability to impact adjacent properties and therefore should be a BOS Waiver. Chapter 144 – Subdivision of Land Planning Commission Waivers – Modifications ARTICLE V - Design Standards § 144.17. Streets. It is the intention of Frederick County, through its Comprehensive Plan and the following standards, to ensure that an adequate network of streets is created which provides multiple access points to subdivisions. All proposed subdivision streets shall be public streets dedicated to Frederick County for eventual acceptance into the state secondary road system and shall meet the following design standards, as well as the subdivision street requirements of the Virginia Department of Transportation. Where conflicts occur, the more restrictive requirement shall apply. D. Intersections. (1) Streets shall intersect at approximately right angles. The Planning Commission Board of Supervisors may allow intersections of lesser angles. In no case shall a street intersect another at an angle of less than 80 degrees. X *This wavier could constitute a safety issue and therefore should not be administrative. § 144.17. Streets. G. Culs-de-sac. (1) Culs-de-sac, permanently designed as such, shall not exceed 1,000 feet in length unless required by the Virginia Department of Transportation standards for connectivity. The Planning Commission Board of Supervisors may waive this requirement in cases where extreme topography or other factors make it impractical. In no case shall the street serve more than 25 lots. The turnaround provided shall have a right-of-way radius of not less than 50 feet and a paved radius of not less than 45 feet. Loop streets are preferred to culs-de- sac, where possible. [Amended 12-9-2009] X *This wavier could constitute a safety issue and therefore should not be administrative. ATTACHMENT 1 PC Waivers Attachment #1 Page - 12 § 144.17. Streets. L. Curbs and gutters. Curbs and gutters shall be constructed along both sides of all streets in any subdivision containing lot(s) less than 15,000 square feet or lot widths of 80 feet or less at the street. The subdivider shall determine the curb cuts necessary for entrance locations for any subdivision that requires curbs and gutters at the subdivision design plan stage. The Planning Commission Subdivision Administrator may allow for alternatives to curbs and gutters where it is determined that improved stormwater management, such as reduced concentration of peak flow for a drainage shed, would be achieved without it. Such alternatives shall only be permitted when acceptable to the Subdivision Administrator and when approved by the Director of Public Works. X * Site Plan or Subdivision Plan Phase *Administrative approval § 144.17. Streets. M. Street signs. Street signs shall be required at all street intersections in all subdivisions. Signs other than those conforming to typical Virginia Department of Transportation standards may be permitted by the Planning Commission Subdivision Administrator if the size and design are deemed appropriate. The subdivider shall submit a maintenance plan for any sign that does not conform to Virginia Department of Transportation standards, which must be approved by the Planning Commission Subdivision Administrator . No occupancy permit will be issued for any dwellings within a subdivision prior to the placement of required street signs serving those residences. X * Site Plan or Subdivision Plan Phase *Administrative approval § 144.19. Streetlights. Streetlights of adequate type and intensity shall be required to promote public health and safety in any subdivision in the RP (Residential Performance), R4 (Residential Planned Community), R5 (Residential Recreational Community) Districts and residential areas in the MS (Medical Support) Districts. Streetlights shall be provided at all intersections. The design proposal for streetlighting shall be approved by the Subdivision Administrator. The Planning Commission Board of Supervisors may waive the requirement for streetlights. X This could occur at the rezoning or master development plan phase. *Also a safety issue. § 144.21. Stormwater management. [Amended 12-11-1991] B. In addition, a stormwater management plan for a land development project shall be developed so that, from the site, the postdevelopment peak runoff rate from a two-year storm and a ten-year storm, considered individually, shall not exceed the predevelopment rates. Predevelopment and postdevelopment runoff rates shall be verified by calculations that are consistent with good engineering practices, County and state standards and acceptable to Frederick County. The Planning Commission Subdivision Administrator shall may exempt subdivisions in which all lots are 15,000 square feet or more in area from the above requirements; this waiver shall only be permitted when acceptable to the Director of Public Works. (6) Regional facilities. In such cases, the exempted subdivision shall meet the requirements of the State Erosion and Sediment Control Regulations, VR 625-03-22, Paragraph 19. (a) Where land to be subdivided lies within a watershed designated by the Frederick County Comprehensive Plan as one in which the most efficient stormwater management would be achieved through regional stormwater facilities, the subdivider shall contribute a pro rata share of the cost of the necessary drainage facilities which may be outside the limits of the land owned or X * Site Plan or Subdivision Plan Phase *Administrative approval ATTACHMENT 1 PC Waivers Attachment #1 Page - 13 controlled by the subdivider but which are required, at least in part, by the proposed improvements, as provided for in § 15.2- 2245.1 of the Code of Virginia. In such cases, the Planning Commission Subdivision Administrator may waive some or all of the stormwater management requirements in this section X when acceptable to the Director of Public Works. * Site Plan or Subdivision Plan Phase *Administrative approval § 144.25. Utilities and easements. B. Underground utilities. All electric, telephone and cable television lines shall be installed underground. This requirement may be waived by the Planning Commission Board of Supervisors for subdivisions and lots in business and industrial zoning districts not requiring an approved master development plan or subdivisions in business and industrial zoning districts that were approved prior to the adoption of this chapter. Underground utilities shall be required in new industrial parks, office parks and shopping centers, as defined by Chapter 165, Zoning, of the Frederick County Code. Underground utilities shall be required in new subdivisions zoned B1 (Neighborhood Business). X This could occur at the rezoning or master development plan phase. ATTACHMENT 2 BOS Waivers Attachment #2 Page - 1 Chapter 165 – Zoning Board of Supervisors Waivers – Modifications Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Code Section and Waiver Text Administrative Approval BOS Action Required Part 202 – Off-Street Parking, Loading and Access § 165-202.04 Streets; Inter-parcel connectors. All residential subdivisions of more than 10 lots in the RP, R-4, R-5, and MS (with residential uses) Zoning Districts shall have streets connecting to adjoining parcels. If adjoining parcels are developed or have had a subdivision plat approved, the connecting street shall coordinate with the existing or platted streets in the adjoining parcel. If an adjoining parcel is undeveloped, the location of the connecting street shall be as shown on the Master Development Plan (MDP) approved by the Board of Supervisors. This requirement for inter-parcel connector streets may be waived by the Board of Supervisors upon approval of the Master Development Plan (MDP) if the Board finds: i) that a connector street to an adjoining parcel is not likely to be needed; ii) that the connector street would be required to be placed in a location which is impractical for location of a street; iii) that an adjoining undeveloped parcel is not likely to be developed in a manner to make a connector street necessary or appropriate; or iv) other good cause shown by the applicant not contrary to good planning policy. All inter-parcel connectors, public or private, shall be built to the Virginia Department of Transportation engineering standards. X *Waiver proposed to remain as is. * This waiver would need to be imposed at the master development phase. Part 203 – Buffers and Landscaping § 165-203.02 Buffer and screening requirements. It is the intent of the regulations of this section to encourage proper design of a site in order to protect adjacent existing uses and to protect proposed uses within the site. Certain types of uses must be buffered from other types in order to ensure a desirable living environment. Additionally, appropriate distances must be maintained between commercial, industrial and residential uses and roads. D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain different zoning districts. (1) Buffers shall be provided on the land to be developed according to the categories in the following tables: (3) Whenever land is to be developed in the B-1 (Neighborhood, Business) or B-2 (Business, General) Zoning District that is adjacent to land primarily used for residential use in the RA (Rural Areas) Zoning District, a B Category buffer shall be provided on the land to be developed. The Board of Supervisors may grant a waiver to reduce the required buffer distance requirements with the consent of the adjacent (affected) property owners. Should a waiver be granted by the Board of Supervisors, the distance requirements of § 165- 203.02D(1)(a) may be reduced, provided the full screening requirements of this section are met. X *Waiver proposed to remain as is. *This waiver could impact adjacent residential properties and therefore should be a BOS waiver. ATTACHMENT 2 BOS Waivers Attachment #2 Page - 2 Part 204 – Additional Regulations for Specific Uses § 165-204.19 Telecommunication facilities, commercial. The intent of this section is to ensure that the siting of commercial telecommunication facilities occurs through the conditional use permit public hearing process defined in Article I, Part 103 of this chapter. Commercial telecommunication facilities that locate on existing structures and towers shall be exempt from the conditional use permit requirement. The siting of commercial telecommunication facilities is permitted within the zoning districts specified in this chapter, provided that residential properties, land use patterns, scenic areas and properties of significant historic value are not negatively impacted. B. The following standards shall apply to any property in which a commercial telecommunication facility is sited, in order to promote orderly development and mitigate the negative impacts to adjoining properties: (2) Monopole-type construction shall be required for new commercial telecommunication towers. The Board of Supervisors may allow lattice- type construction for new telecommunication towers when existing or planned residential areas will not be impacted and when the site is not adjacent to identified historical resources. X *Waiver proposed to remain as is. * This waiver would need to be imposed at the conditional use permit phase. § 165-204.24. Tractor Truck and Tractor Truck Trailer Parking. Tractor truck and/or tractor truck trailer parking facilities in the B3 (Industrial Transition), M1 (Light Industrial) and M2 (Industrial General) Zoning Districts permitted as a primary use with a conditional use permit shall meet the following conditions: (6) Facilities shall be required to landscape the yard area within the front setback to provide for a double row of evergreen trees (minimum of two different species). The on-center distance between each tree in the staggered double row shall not exceed the widest width of the selected evergreen trees. At no point shall the offset between each evergreen tree planted in the staggered double row be less than 90 degrees. The side and rear yards shall be planted with a single row of evergreen trees that are planted a maximum of 40 feet on center. All trees shall be a minimum of six feet in height at the time of planting. The Board of Supervisors may allow for alternative landscaping based on topography and/or adjacent land uses. X *Waiver proposed to remain as is. * This waiver would need to be imposed at the conditional use permit phase. § 165-204.25. Flea Markets. Flea Markets where allowed in the RA (Rural Areas) Zoning District shall meet the following requirements. (6) All parking spaces and travel aisles shall be graveled. The Board of Supervisors may require through the Conditional Use Permit process that all travel aisles and/or parking spaces be paved with a minimum double prime and seal or alternative dust free surface. X *Waiver proposed to remain as is. * This waiver would need to be imposed at the conditional use permit phase. ATTACHMENT 2 BOS Waivers Attachment #2 Page - 3 ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 – RA Rural Areas District § 165-401.06 Permitted lot sizes. C. Rural preservation lots. (3) Board of Supervisors waiver of division restriction. (a) The designated Rural Preservation Tract may be released from the restrictions of Subsection D(1) after a period of 10 years from its creation through the rezoning process. (b) The rezoning shall be consistent with the goals of the Frederick County Comprehensive Policy Plan in effect at the time of the rezoning application. (c) The designated Rural Preservation Tract which is within the Urban Development Area (UDA) at the time of its creation, or is included within the UDA as a result of a future expansion of the UDA, shall be eligible for rezoning at that point and shall not be subject to the ten-year restriction on rezoning X *Waiver proposed to remain as is. * This waiver would need to be imposed at the rezoning application phase. § 165-401.07 Setback requirements. The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District. A. Setbacks for all lots other than rural preservation lots shall be as set out below. (1) Front setbacks. The front setback for any principal or accessory use or structure located on a traditional five-acre lot shall be 60 feet from the property line or right-of-way of the street, road or ingress/egress easement. (2) Side or rear setbacks. The minimum side or rear setback for any principal use or structure shall be determined by the primary use of the adjoining parcel as follows: B. Rural preservation lots. The minimum setbacks from rural preservation lot lines which adjoin other rural preservation lots shall be as set out below. Side and rear setbacks from rural preservation lot lines which adjoin any parcel other than another rural preservation lot shall be determined by § 165-401.07A(2) of this chapter. Adjoining Parcel Size Setback (Side and Rear) (feet) 6 acres or less 50 More than 6 acres 100 Orchard 200 Agricultural and Forestral District 200 ATTACHMENT 2 BOS Waivers Attachment #2 Page - 4 (1) Front setback. The front setback for any principal or accessory use or structure shall be 60 feet from the right-of-way of any existing state-maintained road and 45 feet from the right-of-way of any existing private ingress/egress easement or state-maintained road constructed to serve the subdivision. (2) Side setback. No principal use or structure shall be located closer than 15 feet from any side lot line. (3) Rear setback. No principal use or structure shall be located closer than 40 feet from any rear lot line. C. Board waiver. The Board may allow the above-referenced setbacks to be reduced if the constraints of the setbacks create an undue hardship on existing parcels of record. Such requests and justification to reduce the setbacks shall be presented to the Planning Commission for a recommendation that is forwarded to the Board of Supervisors. X *Waiver proposed to remain as is. *This waiver could impact adjacent residential properties and therefore should be a BOS Waiver. Part 402 – RP Residential Performance District § 165-402.07 Open space requirements. D. The minimum required open space percentages provided in § 165-402.07A of this chapter may be reduced for residential developments which provide for active recreational areas and amenities, upon the granting of an open space waiver issued by the Board of Supervisors . In no case shall the required open space (per § 165-402.07A) be reduced more than 50% for single-family detached housing types (excluding single family small lot), and no more than 25% for all other residential housing types and mixtures. Active recreational areas and amenities shall be incorporated within the development's common open space and be for the use of and maintained by the subject development's property owner's association. The active recreational area and amenity value shall be equivalent to the value of four recreational units for each 30 dwelling units. The active recreational area and amenity value and design shall be approved by the Subdivision Administrator in conjunction with the Director of Parks and Recreation. These open space active recreational areas and amenities shall be in addition to the recreational facilities identified in § 165-402.08. The gross density requirements as required in §§ 165-402.05 and 165-402.06 shall not be exceeded through the reduction of common open space. Requests for an open space reduction waiver would be considered by the Board of Supervisors during the master development plan process. Acceptance of the reduced open space request will be based on the quality of the open space and the recreational amenities provided. X *Waiver proposed to remain as is. * This waiver would need to be imposed at the master development phase. § 165-402.08 Recreation facilities. A. Housing types with lot sizes of less than 5,000 square feet shall provide the following recreational units or equivalent recreational facilities, for each 30 dwelling units. All such developments shall contain at least one such recreational unit. In addition, developments containing single-family small lot housing shall provide a community center that provides for the equivalent of three age- appropriate recreational units for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by ATTACHMENT 2 BOS Waivers Attachment #2 Page - 5 the Planning Commission, in conjunction with the Administrator and the Department of Parks and Recreation, using the following recreational unit as a guideline. The design of such facilities shall be approved at the time of site plan review. (1) The Board of Supervisors may provide a waiver for the community center requirement specified in § 165-402.08A in single-family small lot subdivisions that contain less than 25 lots. This waiver may be requested by the applicant during the consideration of the subdivision design plan if no master development plan is required. The applicant is required to demonstrate how an equivalent recreational value of three recreational units for each 30 dwelling units, prorated, is being provided within the project, to the County, or a combination of both as a condition of requesting approval of a waiver by the Board of Supervisors. X *Waiver proposed to remain as is. * This waiver would need to be imposed at the master development phase. § 165-402.09 Dimensional requirements. Q. Age-restricted multifamily housing (8) . "Age-restricted multifamily housing" is multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Age-restricted multifamily housing shall only be permitted within proffered age-restricted developments. Elevator service shall be provided to each floor of age-restricted multifamily housing structures for use by residents and guests. Maximum building height shall be as follows: (a) The maximum structure height for any principal building shall be 40 feet. The Board of Supervisors may waive the forty-foot height limitation, provided that it will not negatively impact adjacent residential uses. In no case shall any principal building exceed 60 feet in height. X *Waiver proposed to remain as is. * This waiver would need to be imposed at the rezoning or master development phase. ARTICLE V PLANNED DEVELOPMENT DISTRICTS Part 501 – R4 Residential Planned Community District § 165-501.06 Design requirements. I. Road access. All planned community developments shall have direct access to an arterial or collector road or to roads improved to arterial or collector standards. The planned community development shall be provided with a complete system of public streets dedicated to the Virginia Department of Transportation. All roads in the development shall be provided with curbing and gutters. The Board of Supervisors Zoning Administrator may approve certain exceptions to the requirement for curbs and gutters, after review by the Planning Commission if determined to be acceptable by the Director of Public Works X , in order to implement a particular stormwater management plan. The road system shall conform with the Frederick County Comprehensive Plan and with road improvement plans adopted by the County. * Subdivision Phase *Administrative approval *This change would make the waiver consistent with the recent LID ordinance amendments. Part 502 – R5 Residential Recreational Community District § 165-502.05 Design requirements. R. Environmental protection. Upon recommendation of the Planning Commission, the Board of Supervisors may allow waivers of, or variations to, the environmental requirements of § 165-201.08 of this chapter in residential recreational communities. Such waivers shall be shown on the master development plan. In such cases, the environmental features and their function shall be preserved to the greatest extent possible. X *Waiver proposed to remain as is. * This waiver would need to be imposed at ATTACHMENT 2 BOS Waivers Attachment #2 Page - 6 the master development phase. Part 504 – MS Medical Support District § 165-504.04 Access regulations. F. All permitted land uses shall be designed to provide for internal traffic circulation and interparcel connectors to adjoining land uses to provide for access between uses without entering onto urban collector streets. The Board of Supervisors Zoning Administrator X may grant a waiver to this requirement if topographic constraints or land use conflicts prevent interparcel connectivity or make it undesirable. * Subdivision Phase *Administrative approval ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 609 – HE Higher Education District § 165-609.05 Height limitation. The maximum structure height shall be 45 feet. The Board of Supervisors may waive the 45 foot height limitation provided that it will not negatively impact adjacent residential uses. In considering the height waiver, the Board of Supervisors may require architectural renderings that demonstrate potential impacts on adjacent residential uses. In no case shall any structure exceed 75 feet in height. X *Waiver proposed to remain as is. *This waiver could impact adjacent properties and therefore should be a BOS Waiver. ARTICLE VII OVERLAY DISTRICTS Part 705 – TNDB Traditional Neighborhood Design-Business Overlay District § 165-705.04 Use, density, dimensional and intensity regulations. D. A waiver from the maximum front yard setback on collector or minor streets may be granted by the Board of Supervisors at the time of rezoning to enable areas open to the public such as pocket parks and outdoor seating. X *Waiver proposed to remain as is. * This waiver would need to be imposed at the rezoning phase. § 165-705.06 Design standards. G. Buffers and screening. Buffers and screening shall be provided on each lot or parcel on which any use is established according to the requirements of this section. (1) Buffers and screening requirements shall be provided as required in § 165- 203.02 of this chapter for the underlying zoning district. Any residential dwelling units shall be treated as commercial floor space solely for the purpose of buffers and screening requirements. Zoning district buffers shall not be required along any existing road rights-of-way which border the X *Waiver proposed to remain as is. *This waiver could impact adjacent residential ATTACHMENT 2 BOS Waivers Attachment #2 Page - 7 development. The Board of Supervisors properties and therefore should be a BOS Waiver. may grant a waiver to reduce the required buffer distance requirements with the consent of the adjacent (affected) property owners. Should a waiver be granted, the distance requirements of § 165-203.02 may be reduced, provided the full screening requirements of the section are met. Chapter 144 – Subdivision of Land Board of Supervisors Waivers – Modifications ARTICLE III - General Provisions ARTICLE III - General Provisions § 144.4. Subdivision Administrator [Amended 5-22-1996] A Subdivision Administrator shall be appointed by the Board of Supervisors and entrusted to enact, administer and enforce the requirements of this chapter. The Subdivision Administrator shall have the powers and duties specified in this chapter as authorized by the Board of Supervisors. The Subdivision Administrator is authorized to administratively approve or disapprove all divisions of land in the RA Rural Areas District and all divisions of land in all other zoning districts that are within an approved master development plan. The Subdivision Administrator shall have the authority to forward any division of land, subdivision design plan or final plat to the Planning Commission or Board of Supervisors for final approval. X The Planning Commission does not have the ability to approve plats. § 144.5. Interpretations and appeals. The Subdivision Administrator shall have the authority to make interpretations concerning the application of the requirements of this chapter. Any person aggrieved by an interpretation made by the Subdivision Administrator may appeal that interpretation to the Board of Supervisors, with a recommendation from the Planning Commission. Variations to or exceptions to the provisions of this chapter may be granted by the Board of Supervisors in cases of unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship. X *Waiver proposed to remain as is. ARTICLE V - Design Standards § 144.17. Streets. B. Street layout. The layout, width, grade, design and location of all streets shall conform to the approved final master development plan, the standards contained in the Frederick County Comprehensive Plan, Virginia Department of Transportation requirements and the following regulations: (2.) Provisions shall be made for the continuation of planned, existing or platted streets on adjoining parcels. The design of such streets shall be coordinated in terms of location, width, grades and drainage. Such continuations shall be made to provide access to adjoining parcels, to provide for streets identified in the Comprehensive Plan and to provide for safe and adequate traffic patterns and access. Such continuations may not be appropriate where they provide for access between substantially different uses or where they will result in adverse traffic impacts on existing neighborhoods or existing traffic patterns and access. Where no lots front on the road, the Board of Supervisors Zoning Administrator may require the design and grading of the right-of-way to conform to the Virginia Department of Transportation standards with a minimum of temporary or permanent seeding. X * Subdivision Phase *Administrative approval C. Lot access. All lots shall abut and have direct access to a public street or right-of-way dedicated for maintenance by the Virginia Department of ATTACHMENT 2 BOS Waivers Attachment #2 Page - 8 Transportation. (1) Multiple-frontage lots. Corner lots with public street frontage on two adjacent sides shall be allowed. Double-frontage lots with public street frontage on two streets that do not intersect at the lot shall be avoided, except where required to prevent direct access to collector or arterial streets. Lots with public street frontage on more than two sides shall be avoided. (2) Multifamily and single-family small lot housing, single-family attached housing and multifamily housing. [Amended 10-27-1999; 12-10-2008] (a) Lots in subdivisions to be used for the following housing types, as defined by Chapter 165, Zoning, need not abut public streets: [1] Duplexes. [2] Multiplexes. [3] Atrium houses. [4] Townhouses. [5] Weak-link townhouses. [6] Garden apartments. [7] Single-family small lot housing. [8] Age-restricted multifamily housing. (b) When such lots do not abut public streets, they shall abut private roads, parking lots or access easements. The length and extent of private roads, driveways and parking aisles providing access to lots shall be minimized, and public streets shall be provided in larger subdivisions when substantial distances are involved. Individual lots shall be no more than 1,000 feet from a state-maintained road, as measured from the public street along the private access road. The Board of Supervisors (c) may allow lots to be located as much as 1,200 feet from a state-maintained road in cases where enhanced circulation is provided with a driveway loop. The Board of Supervisors may provide a waiver to the public street requirement specified in § 144-24C to allow for a complete system of private streets within proffered age-restricted communities. This waiver may be requested by the applicant during the consideration of a rezoning application or during consideration of the master development plan. The applicant is required to provide a conceptual design which demonstrates the proposed private street system layout and provides both the cross section (horizontal and vertical) section dimensional base and pavement detail that meets or exceeds VDOT standards as a condition of requesting approval of a waiver by the Board of Supervisors. [Added 3-22-2006] X *Both waivers proposed to remain as is. * Both waivers would need to be imposed at the master development phase. ATTACHMENT 3 Zoning/Subdivision Administrator Waivers Attachment #3 Page 1 Chapter 165 – Zoning Zoning and Subdivision Administrator Waivers – Modifications Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Code Section and Waiver Text Administrative Approval BOS Action Required Part 201 – Supplementary Use Regulations § 165-201.02 Setback requirements. C. Exceptions to front yard setbacks. Where the average front yard setback distance for adjacent lots is less than the minimum required front yard, the Zoning Administrator may allow a front yard setback distance less than normally required on the lot to be developed. In such cases, the front setback distance for the lot to be developed shall be the average of the minimum front setback distances on developed lots on the same street or road within 200 feet of the lot to be developed. F. Extensions into setback yards. The following features may extend into setback yards as described: (8) Handicap-accessible ramps. An unroofed handicap-accessible ramp shall be permitted to encroach into a required yard when there are no other reasonable alternatives for the location of such ramp on the property or other means of ingress/egress into or from the residence as determined by the X Frederick County Zoning Administrator. *Waiver proposed to remain as is. *Waiver would occur at the building permit phase. X *Waiver proposed to remain as is. *Waiver would occur at the building permit phase. § 165-201.06 Signs. F. Minimum spacing between freestanding signs. The minimum distance separating freestanding signs shall be 100 feet. The Zoning Administrator X may allow two signs to be separated by less than 100 feet in order to allow the signs to share an appropriate location. In such cases, the two signs shall be separated from other signs by a distance of 100 feet plus the distance by which the separation between the two signs was reduced from the required 100 feet. *Waiver proposed to remain as is. X * Site Plan Phase *Administrative approval § 165-201.07 Outdoor Lighting. A. General Outdoor Lighting Standards. 1. All outdoor lighting fixtures shall be designed, shielded, aimed, located and maintained to shield adjacent properties and to not produce glare onto adjacent properties or road right-of-ways. Parking lot fixtures and light fixtures on buildings shall be full cut- off fixtures. Within residential developments the Zoning Administrator may approve alternate parking lot fixtures so long as the intent of this ordinance is met. 3. Light fixtures, including mounting base, shall not be more than twenty-five (25) feet in height above finished grade. On land in the M1 (Light Industrial), M2 (Industrial General) and EM (Extractive X *All three waivers are proposed to remain as is. X * Site Plan Phase *Administrative approval ATTACHMENT 3 Zoning/Subdivision Administrator Waivers Attachment #3 Page 2 Manufacturing) Zoning Districts that is contained within an approved master development plan, the Zoning Administrator may allow light fixtures to exceed 25 feet in height if additional security is required, provided that the site is not adjacent to property used for residential or agricultural uses. In no case shall light fixtures in the M1, M2 and EM Districts exceed 45 feet in height. 4. Light fixtures shall be placed outside of the paved areas of a site. Lighting fixtures shall be placed within landscaped islands or in the perimeter green space of the site. The Zoning Administrator may allow light fixtures to be placed in alternative locations for uses such as motor vehicle display areas or storage areas so long as the intent of this ordinance is met. § 165-201.08 Protection of environmental features. B. All developments which require a master development plan, subdivision design plan, site plan, or preliminary sketch plan shall preserve the following environmental features as described: (6) Steep slopes. No more than 25% of steep slopes, as defined, shall be disturbed or regraded. The Zoning Administrator X may allow the disturbance of additional small areas where that disturbance will alleviate potential health or safety problems and will not significantly denigrate the overall environmental quality of the site. The Planning Commission may allow the disturbance of larger areas of steep slopes. *Waiver proposed to remain as is. X * Site Plan or Subdivision Phase *Administrative approval Part 202 – Off-Street Parking, Loading and Access § 165-202.01 Off-street parking; parking lots. Off-street parking shall be provided on every lot or parcel on which any use is established according to the requirements of this section. This section is intended to ensure that parking is provided on the lots to be developed and to ensure that excess parking in public street rights-of-way does not interfere with traffic. A. Required parking spaces. (4) Procedure for Adjustments to Parking Requirements. b) Parking for Mixed Uses and Loading Facilities. In the case of mixed uses (not qualifying as accessory) or two or more buildings upon a single lot or unified parcel or upon contiguous parcels, the total requirements for parking and loading facilities shall be the sum of the requirements of the various uses computed separately. However, cumulative parking requirements for mixed-use occupancies may be reduced where the Zoning Administrator determines that the peak requirement of the several occupancies occurs at different times (either daily or seasonally), and the parking demand can be provided on the premises. c) Captive Market. Parking requirements for retail and restaurant uses may be reduced where the Zoning Administrator determines that some portion of the patronage of these businesses comes from other uses (i.e., employees of area offices patronizing restaurants) located within the same building or a maximum walking distance of 400 feet. X *Waiver proposed to remain as is. X * Site Plan Phase *Administrative approval ATTACHMENT 3 Zoning/Subdivision Administrator Waivers Attachment #3 Page 3 § 165-202.01 Off-street parking; parking lots. D. Parking lots. Parking spaces shared by more than one dwelling or use, required for any use in the business or industrial zoning district or required for any institutional, commercial or industrial use in any zoning district shall meet the following requirements: (1) Surface materials. In the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office-Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District MS Medical Support District, RA (Rural Areas) District and the HE (Higher Education) District, parking lots shall be paved with concrete, bituminous concrete or similar materials. Such surface materials shall provide a durable, dust and gravel-free, hard surface. a. The Zoning Administrator b. In the RA (Rural Areas) District parking lots with (10) or fewer spaces shall be permitted to utilize gravel surfaces. may allow for the use of other hard- surface materials for parcels located outside of the Sewer and Water Service Area if the site plan provides for effective stormwater management and efficient maintenance. In such cases, parking lots shall be paved with a minimum of double prime-and-seal treatment or an equivalent surface. c. Reinforced grass systems, permeable paving systems, or other suitable materials may be used for overflow parking areas, low volume access ways in all Zoning Districts and for agricultural uses in the RA (Rural Areas) District. Parking areas utilizing these materials shall have defined travel aisles and designated parking bays. These materials shall only be utilized with approval of the Frederick County Zoning Administrator and the Director of Public Works. (2) Space demarcation. For single-family attached and multi-family developments, required off-street parking spaces shall be demarcated by four-inch durable white lines painted on the pavement or curb. Any other proposed color and size will require approval of the Zoning Administrator. Full delineation by four inch wide lines painted on the pavement the full width of or length of the parking stall or parking spaces shall be required in commercial, office and industrial developments. Where paved parking areas are not required, delineation of parking spaces shall be by the use of individual wheel stops or other acceptable means for each unpaved parking space. Signs and pavement markings shall be utilized, as necessary, to ensure safe traffic movement and pedestrian access and to designate handicapped parking spaces. (3) Curbs and gutters. Concrete curbing and gutters shall be installed around the perimeter of all parking lots. When stormwater drains away from the curb, gutter pans shall not be required for parking areas that abut buildings when sidewalks with turndown curbing are used. All curbing shall be a minimum of six inches in height. All parking lots shall be included within an approved stormwater management plan. X *Waiver proposed to remain as is. X * Site Plan or Subdivision Phase *Administrative approval X *Waiver proposed to remain as is. X * Site Plan or Subdivision Phase *Administrative approval ATTACHMENT 3 Zoning/Subdivision Administrator Waivers Attachment #3 Page 4 a. In the B3 Industrial Transition District, the OM Office- Manufacturing Park District, the M1 Light Industrial District and the M2 Industrial General District the use of header curb shall be permitted in areas where the use of gutters is not necessary for stormwater management purposes. b. The Zoning Administrator c. The may allow for the use of concrete bumpers instead of curbing for parcels located outside of the Sewer and Water Service Area if the site plan provides for effective stormwater management and efficient maintenance. Zoning Administrator may allow for the elimination of curb and gutter for parcels located inside of the Sewer and Service Area when necessary to implement low impact development design. This shall only be permitted where practices such as bio-retention, infiltration trenches, and rain gardens are used and only where it can be demonstrated that soil conditions are favorable, or if an adequate under-drain is included in the design and only when approved by the Director of Public Works. (4) Raised islands. Raised islands shall be installed at the ends of all parking bays abutting an aisle or driveway in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office-Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District, the MS Medical Support District, and the HE (Higher Education) District. The raised islands shall be bordered by a six inch concrete or rolled asphalt curb. All islands shall be at least nine feet wide and shall extend the length of the parking space or bay. The islands shall be landscaped with grass, shrubs, or other vegetative materials. a. The Zoning Administrator b. The may waive the requirement for raised islands for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed. Zoning Administrator may approve modifications to the landscaped islands for parcels located inside of the Sewer and Service Area when necessary to implement low impact development design and where approved by the Director of Public Works. (10) The Zoning Administrator may approve alternative parking space size, space demarcation, aisle dimensions and parking islands for areas used for the display or storage of vehicles for sale by a vehicle dealer. Upon a change of use for the property or site, the spaces, demarcation, aisles and islands must be revised to conform to this ordinance. (12) Drive-in lanes. Drive-in lanes shall be required for all drive-in or pickup facilities. Drive-in lanes shall be designed to provide for a minimum width of nine feet and a minimum stacking distance of 90 feet. Canopy supports and raised concrete pads designed to support pneumatic tubes, automatic teller machines and other structures shall not be X *Waiver proposed to remain as is. X * Site Plan or Subdivision Phase *Administrative approval X *Waiver proposed to remain as is. X * Site Plan or Subdivision Phase *Administrative approval X *Waiver proposed to remain as is. X * Site Plan or Subdivision Phase *Administrative approval ATTACHMENT 3 Zoning/Subdivision Administrator Waivers Attachment #3 Page 5 located within the area required for minimum drive-in lane widths. All drive-in lanes shall be clearly separated from parking spaces, travel aisles, maneuvering areas and driveways. The Zoning Administrator may reduce the minimum stacking distance of drive-in lanes for retail uses with less than 150 square feet of floor area if it can be demonstrated that the vehicular frequency for the use does not warrant multiple vehicle stacking. (13) Landscaping. Parking lots in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office-Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District, the MS Medical Support District, and the HE (Higher Education) District shall be landscaped to reduce the visual impact of glare and headlights on adjoining properties and rights-of-way. Parking lots shall be adequately shaded to reduce reflected heat. In the RA (Rural Areas) District, parking lot landscaping shall not be required for parking lots with 10 or fewer spaces. Landscaping shall also be provided to reduce the visual expansiveness of parking lots. Landscaping shall be provided in such parking lots as follows: b) Interior landscaping. A minimum of 5% of the interior portions of parking lots shall be landscaped for the purpose of providing shade trees. Such interior landscaping shall be provided on raised islands and in continuous raised strips extending the length of a parking bay. Within the parking lot, raised islands and landscaped areas should be uses to delineate traffic and pedestrian circulation patterns. No less than one shade tree shall be provided in the interior of the parking lot for each 10 parking spaces. The Zoning Administrator may waive the requirement for interior landscaping for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed. The Zoning Administrator may approve alternative locations for interior landscaping for parking lots used for truck parking, as well as other parking lots, when it would improve the overall quality of the landscape plan. All interior landscaping shall comply with the requirements of § 165-203.01B, Plant selection, planting procedure and maintenance. X *Waiver proposed to remain as is. X * Site Plan or Subdivision Phase *Administrative approval § 165-202.02 Loading areas. B. Design standards. (4) Surface materials and curb and gutter. Loading areas shall meet the surface material and curb and gutter requirements for one of the following categories: (d) Stormwater management plan and erosion control plan requirements. The Zoning Administrator X may require curb and gutter and different *Waiver proposed to remain as is. X * Site Plan or Subdivision Phase *Administrative approval ATTACHMENT 3 Zoning/Subdivision Administrator Waivers Attachment #3 Page 6 surface materials for loading areas when necessary to implement a stormwater management plan or an erosion control plan. § 165-202.03 Motor vehicle access. A. New driveways. (7) Spacing exceptions. New driveways with entrances on arterial or primary highways which do not meet the above spacing requirements shall be allowed only when access meeting the spacing requirements cannot be provided from the arterial highway to the individual property by using one of the following methods: (b) Shared access. When a lot is created on a collector road or arterial highway, shared means of access to the road or highway shall be created by access easement, shared driveway or other means to ensure that the spacing requirements have been met. [1] When a lot is divided or developed that can be provided with a driveway meeting the spacing requirements but that is adjacent to other parcels or lots that will not be able to have entrances meeting the spacing requirements, means of highway access to the adjoining property may be required by the Zoning Administrator or Planning Commission on the lot to be divided or developed. (14) Private roads providing lot access to multifamily and single-family small lot housing, as permitted in §144-24 of the Subdivision Ordinance, shall be a minimum of 20 feet in width. The pavement design for the private roads shall include eight inches of aggregate base material, Type I, Size No. 21-B, and shall be paved with a 165 No. psy asphalt concrete, Type SM-2A, surface treatment. In addition, curb and gutters, standard curb CG-6, CG-7 or roll- top curb and sidewalks shall be provided along private roads; however, the Zoning Administrator may approve a waiver of sidewalks on private streets, provided that another recreational amenity is substituted for the sidewalk. Additionally, the Zoning Administrator may waive the requirement for curb and gutters and allow alternate pavement design to accommodate low impact design provided that the private road design is determined to be acceptable by the Director of Public Works. X * Site Plan or Subdivision Phase *Administrative approval X *Waiver proposed to remain as is. X * Site Plan or Subdivision Phase *Administrative approval Part 203 – Buffers and Landscaping § 165-203.01 Landscaping requirements. The requirements of this section are intended to enhance the appearance, environment, and general welfare of the citizens of Frederick County by providing minimum landscaping standards and encouraging tree preservation for residential developments. A. Residential developments. Residential developments which require a master development plan, subdivision design plan or site plan shall provide at least one of the three types of landscaping identified below. (1) Street tree landscaping. Street tree landscaping shall require one street tree for every 40 feet of street frontage in a residential development, with the exception of frontage on roads which require a road efficiency buffer. Street trees shall be planted no more than 20 feet from rights-of-way. Planting ATTACHMENT 3 Zoning/Subdivision Administrator Waivers Attachment #3 Page 7 street trees on the property lines of building lots should be avoided. Two or more street trees shall be planted on each building lot. The Zoning Administrator may allow fewer than two street trees for an individual building lot if topographical features, utilities, easements, or the width of the lot makes it impractical to do so. All street trees shall comply with the requirements of § 165-203.01B, with the exception that street trees must be at least two-and-one-half-inch caliper at the time of planting. (2) Ornamental landscaping. (b) Ornamental trees and shrubs shall comply with the requirements of § 165-203.01B. The Zoning Administrator may allow some of the required ornamental trees and ornamental shrubs to be planted in areas of common open space so long as the intent of this section is met. B. Plant selection, planting procedure, and maintenance. (3) Maintenance. The owner, developer, and/or builder who is responsible for planting required landscaping shall be responsible for maintaining it in a state of good health for one year after planting. After one year, from the date occupancy is approved, the individual property owner and/or homeowner's association shall become responsible for maintenance. As long as the intent of this section is met, the Zoning Administrator may waive the requirement for landscaping on individual building lots when a hazard or nuisance exists. D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain different zoning districts. (6) The Zoning Administrator may waive any or all of the requirements for the zoning district buffers on a particular site plan when all uses shown on the site plan are allowed in the zoning district in which the development is occurring and in the adjoining zoning districts. (7) The Zoning Administrator X may waive, reduce and/or modify buffer yard requirements (distance and landscaping) if in his opinion the topography of the lot providing the buffer yard and the lot being protected is such that the required yard would not be effective. The buffer may also be modified to maintain highway sight distances. *All waivers proposed to remain as is. X * Site Plan or Subdivision Phase *Administrative approval Part 204 – Additional Regulations for Specific Uses § 165-204.26. Public Utilities. A. Public Utilities. Lot requirements for lots used by political subdivisions, municipal corporations, the Virginia Department of Transportation, the Frederick-Winchester Service Authority, or the Frederick County Sanitation Authority for public utility purposes shall be as follows: (1) In all zoning districts, the Zoning Administrator shall have the authority to determine the minimum lot size necessary for such public utilities and the appropriate setbacks for such lots used for public utility purposes. X *Waiver proposed to remain as is. X * Subdivision Phase *Administrative approval ATTACHMENT 3 Zoning/Subdivision Administrator Waivers Attachment #3 Page 8 ARTICLE V PLANNED DEVELOPMENT DISTRICTS Part 502 – R5 Residential Recreational Community District § 165-502.05 Design requirements. B. Dimensional requirements. (3) Existing lots. The Zoning Administrator X may allow reduced yard setbacks on existing lots of record, by a distance of up to 25% of the required setback, where topography or other environmental constraints create a hardship. To be considered a hardship, all conditions specified in § 165-1001.02C(5) of the Frederick County Zoning Ordinance must be met. *Waiver proposed to remain as is. *Waiver would occur at the building permit phase. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 608 – EM Extractive Manufacturing District § 165-608.04 Landscaping. Appropriate landscaping or screening may be required by the Zoning Administrator X or Planning Commission within any required yard setback area in order to reasonably protect adjacent uses from noise, sight, dust or other adverse impacts. *Waiver proposed to remain as is. X * Site Plan Phase *Administrative approval ARTICLE VII OVERLAY DISTRICTS Part 705 – TNDB Traditional Neighborhood Design-Business Overlay District § 165-705.05 Off-street parking; parking lots. Off-street parking shall be provided on each lot or parcel on which any use is established according to the requirements of this section. A. Required parking spaces. (3) Required parking spaces for commercial uses shall be in accordance with § 165-202.01 of this chapter. The Zoning Administrator may allow some variation in the standards for required parking for the commercial uses based on detailed parking demand studies provided by the applicant. X *Waiver proposed to remain as is. X * Site Plan Phase *Administrative approval ARTICLE IX NONCONFORMING USES, STRUCTURES AND SIGNS Part 901 – Nonconforming Uses, Structures and Signs. § 165-901.04 Expansions and modifications. C. All legally nonconforming uses and structures not specified in § 165-901.04A or § 165-901.04B may expand or modify one time if the expansion or modification does not increase the degree of nonconformity, and does not result in an overall expansion of more than 2,000 square feet or 50%. Measurements shall be based on gross floor area for structures and total land area for uses. Legally nonconforming residential structures may expand beyond 2,000 square feet or 50% if the expansion or modification does not increase the degree of nonconformity. The Zoning Administrator Board of Supervisors may allow the expansion of legally nonconforming structures and the construction of new structures with the same setback of the existing legally nonconforming structure, provided that all other conditions of the Frederick County Zoning Ordinance are met. X *This waiver could impact adjacent properties and therefore should be a BOS waiver. ATTACHMENT 3 Zoning/Subdivision Administrator Waivers Attachment #3 Page 9 Chapter 144 – Subdivision of Land Zoning and Subdivision Administrator Waivers – Modifications ARTICLE V Design Standards § 144.18. Sidewalks and pedestrian walkways. A. Sidewalks shall be installed in the right-of-way and adjacent to the boundary of the right-of-way of all proposed and existing streets and shall contain adequate handicapped ramps at all intersections at intervals acceptable to the Virginia Department of Transportation. There shall be a minimum two foot wide grass strip or swale between the street edge and the sidewalk, where sidewalks are required. Sidewalks are required as follows: 1. Along both sides of all local streets in any subdivision in the RP (Residential Performance), R4 (Residential Planned Community), R5 (Residential Recreational Community) Districts and residential areas in the MS (Medical Support) Districts. If low impact development techniques are utilized within a project, the Subdivision Administrator may allow sidewalks to be placed on only one side of a local street within any residential subdivision. 2. Along both sides of all collector and arterial streets in any zoning district within the Urban Development Area and/or the Sewer and Water Service Area. The Subdivision Administrator may waive the sidewalk requirement for one side of a collector road within a master planned industrial park when a 10’ asphalt pedestrian facility has been or is planned to be constructed on the opposite side of the collector roadway, and only in such cases that the sidewalk has been deemed unnecessary along said collector roadway. B. The Subdivision Administrator may waive the sidewalk requirement along local streets when the pedestrian walkways are provided that allow pedestrian access to each lot or use. Such walkways must provide appropriate connections to pedestrian systems throughout the development and on adjoining properties. C. All sidewalks and walkways shall be a minimum of five feet wide. Sidewalks shall conform to VDOT standards. Alternative designs and construction materials for sidewalks and walkways may be approved by the Subdivision Administrator to accommodate low impact design. These alternative designs and materials shall only be permitted when acceptable to the Subdivision Administrator and when approved by the Director of Public Works and the Building Official. X *Waiver proposed to remain as is. *This is a 2012 Ordinance amendment X *Waiver proposed to remain as is. *This is a 2012 Ordinance amendment X *Waiver proposed to remain as is. *Administrative approval X *Waiver proposed to remain as is. *This is a 2012 Ordinance amendment REZONING APPLICATION #06-12 WILLOW RUN Staff Report for the Planning Commission Prepared: August 21, 2012 Staff Contact: John A. Bishop, AICP, Deputy Director-Transportation Reviewed Planning Commission: 09/05/12 Pending Action Board of Supervisors: 09/26/12 Pending PROPOSAL : To revise proffers associated with Rezoning #21-06. This revision relates to the “Transportation Enhancements” and “Commercial Land Use” sections of the proffers. LOCATION : The properties are located east of Route 37 and Merriman’s Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester corporate limits. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/05/12 PLANNING COMMISSION MEETING: The Willow Run development is a 357.68 acre R4 mixed use development with proffers that was rezoned in 2006 to allow for a mix of commercial and residential development. This is a minor proffer revision to modify dates in proffers B2 and D5 which impact the dates of certain transportation improvements and the dates related to the proffered land for an aquatic center. Proffer B2 dedicates land for use by Frederick County as an aquatic center. Previously, the County had from 2009 to 2014 to determine whether to take advantage of that land dedication. The new proffer B2 gives the County from 2012 to 2015 to determine whether to take advantage of that proffer. The net result is an additional year for the County to make their determination. However, since the property in question has a right-of-way for existing Merrimans Lane on it, the property could not be transferred until the proffer realignment of Merrimans Land has taken place. Proffer D5 commits the applicant to the construction of the interchange between Jubal Early Drive and Route 37. Previously the applicant was to begin that construction in 2012 and complete it by 2015. The new proffer D5 states that the applicant will begin construction by 2017 and complete it by 2022. The net result is up to seven additional years for the applicant to construct the interchange. Transportation staff is satisfied that the modifications to proffer D5 are acceptable; however, Parks and Recreation staff has indicated that they would prefer that proffer B2 allow the full five year window of consideration for the aquatic center as was done in the previously approved proffers. This would require the applicant to add two years to the current draft. A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning #06-12 – Willow Run August 21, 2012 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 09/05/12 Pending Action Board of Supervisors: 09/26/12 Pending PROPOSAL : To revise proffers associated with Rezoning #16-05. This revision relates to the “Transportation Enhancements” and “Commercial Land Use” sections of the proffers. LOCATION : The properties are located east of Route 37 and Merriman’s Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester corporate limits. MAGISTERIAL DISTRICT : Gainesboro PROPERTY ID NUMBERS : 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A and 63-A- 2A PROPERTY ZONING : R4 (Residential Planned Community) District PRESENT USE : Residential, Agricultural ADJOINING PROPERTY ZONING & PRESENT USE : North: RP (Residential Performance) Use: Residential City of Winchester Residential & open space South: RA (Rural Areas) Use: Agricultural and residential RP (Residential Performance) Residential East: City of Winchester Use: Residential West: RA (Rural Areas) Use: Residential and recreational RP (Residential Performance) Residential Rezoning #06-12 – Willow Run August 21, 2012 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 37 and 621. These routes are the VDOT roadways which have been considered as the access to the property. VDOT is satisfied that the transportation proffers offered in the Willow Run Proffer Amendment dated June 15, 2012 addresses transportation concerns associated with this request. The current Land Use Permit and VDOT approved plans will need to remain active and current, in compliance with the Commonwealth Transportation Board Limited Access Break Resolution. Parks & Recreation Department: Please see attached e-mail from Jason Robertson to Evan Wyatt, dated June 22, 2012. County Attorney: Please see attached letter from Rod Williams, County Attorney, dated July 16, 2012 and response letter dated July 27, 2012 from Evan Wyatt. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R-2 (Residential Limited). The subject parcels were re-mapped from R-2 to A-2 (Agricultural General) pursuant to the County’s comprehensive downzoning initiative (Zoning Amendment Petition #011-80), which was adopted on October 8, 1980. The County’s agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re-mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. A rezoning application (#16-05) for this site was submitted on November 14, 2005. That application did not receive action and was replaced by application #21-06, which was approved, creating an R4 district with proffers. This application, #06-12 is seeking minor modification to the transportation and commercial proffers. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Rezoning #06-12 – Willow Run August 21, 2012 Page 4 Transportation The WJELUP calls for the extension of Jubal Early Drive as an east/west through road and the construction of a new interchange at Route 37. (The Commonwealth Transportation Board, on January 18, 2007, approved the break in access on Route 37, to allow construction of this new interchange.) The extension of Jubal Early Drive through this portion of the UDA is envisioned as an urban divided four-lane cross-section that includes landscaped medians as well as pedestrian and bicycle facilities. In addition, a major collector road is planned to facilitate traffic movement in a north-south direction to provide a connection between Jubal Early Drive and Cedar Creek Grade. Another critical transportation component of the WJELUP is alternative modes of transportation, such as pedestrian and bicycle facilities, and calls for an interconnected system of multi-purpose trails and sidewalks. 3) Proffer Statement – Originally dated September 1, 2005, with final revision date of June 15, 2012 A) No Change Residential Land Use B) Date updated in B2. Proffer B2 allows for the dedication of a five acre site in the commercial area of the rezoning for the development of an aquatic center. The applicable portion new proffer reads: “The five acre site shall be available to Frederick County for a period of three years beginning in calendar year 2012 from the date of final non-appealable rezoning approval.” Previously the property was available for a five year window beginning in 2009 and ending in 2014. The net result is an additional year for the County to determine whether to take advantage of the site. Commercial Land Use C) No Change Master Development Plan D) Date updated in D5. Proffer D5 relates to the construction of the Jubal Early Drive/Route 37 interchange and the impacted sentence currently reads: “The Applicants shall commence construction of this improvement in calendar year 2017 with completion no later than calendar year 2022, or completion no later than the issuance of the 600th building permit, whichever occurs first.” Previously the time window was 2012-2015. The net result is an increase of up to seven years for the Applicants to complete the interchange. Transportation E) Community Facilities No Change Rezoning #06-12 – Willow Run August 21, 2012 Page 5 STAFF CONCLUSIONS FOR THE 09/05/12 PLANNING COMMISSION MEETING: The Willow Run development is a 357.68 acre R4 mixed use development with proffers that was rezoned in 2006 to allow for a mix of commercial and residential development. This is a minor proffer revision to modify dates in proffers B2 and D5 which impact the dates of certain transportation improvements and the dates related to the proffered land for an aquatic center. Proffer B2 dedicates land for use by Frederick County as an aquatic center. Previously the County had from 2009 to 2014 to determine whether to take advantage of that land dedication. The new proffer B2 gives the County from 2012 to 2015 to determine whether to take advantage of that proffer. The net result is an additional year for the County to make their determination. However, since the property in question has a right -of-way for existing Merrimans Lane on it, the property could not be transferred until the proffer realignment of Merrimans Land has taken place. Proffer D5 commits the applicant to the construction of the interchange between Jubal Early Drive and Route 37. Previously the applicant was to begin that construction in 2012 and complete it by 2015. The new proffer D5 states that the applicant will begin construction by 2017 and complete it by 2022. The net result is up to seven additional years for the applicant to construct the interchange. Transportation staff is satisfied that the modifications to proffer D5 are acceptable; however, Parks and Recreation staff has indicated that they would prefer that proffer B2 allow the full five year window of consideration for the aquatic center as was done in the previously approve proffers. This would require the applicant to add two years to the current draft. A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. ROSCOMMONSubdivision CITY OFWINCHESTERSubdivision ST622 ST621 ST621 WINDER CT GORDON PL WAYLA N D D R SPR I N G HOU S E C T W H I S T L E R CT PA R K I N S LN H E T H P L BR O O K D A L E CT ROSS E R LN CLEBURNELN ORC H A R D HILL D R SU L L Y C T KERSHAW LN SELDON DR MAHO N E D R TIL G H M A N LN RODE SCIR HANDLEY AVE BAR K S D A L E LN HAR R I S O N S T STO N E R I D G E D R CID E R M I L L L N APPLESEED CT TO W E R AV E STO N E L E I G H DR O K E E F E D R CAMBRIDGE PL CHE L S E A DR CLA Y T O N RID G E D R MERRI M A N S L N STER L I N G D R JOH N S T O N C T J U B A L E A R L Y D R RA M S E U R LN M A G R U D E R C T SUMMERFIELD LN H O M E R D R HO N E Y S U C K L E LN HAR V E S T D R CEDAR C R E E K G R BUC K N E R DR BEEHI V E W A Y HILLMAN DR M E L V O R L N M E A D O W B R A N C H A V E STO N E L E I G H R D W A Y N E D R ARMISTEAD ST BRE C K I N R I D G E L N ORC H A R D L N RO C K H A R B O R D R 63 A 1 63 A 2D 63 A 2L City ofWinchester 63 92 24A 63 A 2H 63 92 14 63 A 2A 63 A 1E 52 205 54 52 205 43 53 A 91 52 A310 53 3 A 52 18 8 53 3 A1 52 18 7 53 A 92A 52 18 6 53 A 95 53 A 94 52 18 3 52 18 4 52 206 58 52 18 553 3 B 52 A 313 52 A313B 53 A 88 53 A 92 53 A 90 53G 1 448A 53G 1 4 48 53 A 92B 53G 14 47 53G 14 45 53G 14 42 53G 11 8 53G 14 40 53G1 4 35 53G 11 4 53G 1 334A53G 13 26 53G 12 1353G 12 11 53G 11 1A 53 A89A 53 A 89 53G1 2 20A 53G 12 15 53C2 7 53 A 96 53C 2 6A53G 12 21 53G 12 19 53C2 8 53C 2 11 53C 2 6 53C2 5 53C 2 9 REZ0612 REZ0612 REZ0612 REZ0612 REZ0612 REZ0612 REZ0612 Applications Parcels Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District)0 15030075 Feet I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: August 14, 2012Staff: jbishop Winchester Round Hill REZ # 06 - 12Willow Run Proffer RevisionsPINs:53 - A - 90, 91, 92, 92A, 92B53 - 3 - A, 63 - A - 2A REZ # 06 - 12Willow Run Proffer RevisionsPINs:53 - A - 90, 91, 92, 92A, 92B53 - 3 - A, 63 - A - 2A