DRRC 07-25-13 Meeting Agenda
Item #1: Height Requirements in the EM and M1/M2 Districts
Staff has received a request to revise the Zoning Ordinance to increase the maximum height in the
EM (Extractive Manufacturing), M1 (Light Industrial), and M2 (Industrial General) Zoning
Districts. Currently the maximum height in the EM District is 45’ and the maximum height in
the M1 and M2 Districts is 60’.
The applicant has requested to increase the maximum height for occupied structures in the EM
District from 45’ to 100’ and to increase the height for unoccupied structures from 45’ to 200’.
The request also proposes to increase the maximum height in the M1 and M2 districts from 60’
to 100’. The purpose of the requested EM District height increase is to allow Carmeuse Lime
to construct a 200’ kiln structure at their Clearbrook site for the production of lime.
Staff has prepared a revision to the EM District that provides for an increase in the EM height
district height for all structures from 45’ to 60’ and an allowance for unmanned structures to be
constructed up to 200’ in height with approval of a conditional use permit. It should be noted
that there are four EM Zoned areas in Frederick County (Clearbrook, Middletown, Round Hill
and Gore). Staff limited the increased by-right height to 60’ because taller structures may not be
appropriate at all EM Zoned areas of the County (due to their proximity to historic and
residential areas) and taller structures should be considered on a case by case basis.
Staff has also drafted a proposed height increase in the M1 and M2 Districts from 60’ to 100’.
If the DRRC is supportive of this ordinance amendment, staff will forward it to the Planning
Commission and Board of Supervisors for their consideration.
Attachment: 1. Proposed Revision (deletions shown in strikethrough and additions show
in bold underlined italics).
2. Request Letter.
DRAFT Ordinance Amendment
EM/M1/M2 Districts
7/15/13
ARTICLE VI
BUSINESS AND INDUSTRIAL ZONING DISTRICTS
Part 608 – EM Extractive Manufacturing District
§ 165-608.01 Intent.
The intent of the Extractive Manufacturing District is to provide for mining and related industries, all of
which rely on the extraction of natural resources. Provisions and performance standards are provided to
protect surrounding uses from adverse impacts. It is also the intent of this article to avoid the
encroachment of incompatible uses on the borders of the EM District.
§ 165-608.02 Permitted and Conditional uses.
1. The following uses shall be allowed:
A. Surface or subsurface mining of rock, metal and nonmetallic ores.
B. Oil and natural gas extraction and/or pumping, including storage of production produced on the
site. No refining is allowed.
C. Sand and gravel mining and processing.
D. Crushed stone operations.
E. Manufacture and processing of cement, lime and gypsum.
F. Asphalt and concrete mixing plants.
G. Brick, block and precast concrete products.
H. Farming, agriculture, orchards, nurseries, horticulture, dairying and forestry.
I. Accessory uses.
J. Business signs.
K. Public utilities, including poles, lines, distribution transformers, pipes, meters and sewer
facilities.
L. Signs allowed in § 165-201.06B.
M. Freestanding building entrance signs.
2. Uses allowed with a conditional use permit shall be as follows:
A. Unmanned structures utilized for a use permitted in the EM District exceeding 60 feet in height.
DRAFT Ordinance Amendment
EM/M1/M2 Districts
7/15/13
§ 165-608.03 Performance standards.
All uses shall conform to applicable state or federal regulations governing noise and vibration. The
Zoning Administrator may require the submission of a copy of data submitted to state or federal
agencies pertaining to these performance standards with the required site plan.
§ 165-608.04 Landscaping.
Appropriate landscaping or screening may be required by the Board of Supervisors within any required
yard setback area in order to reasonably protect adjacent uses from noise, sight, dust or other adverse
impacts.
§ 165-608.05 Setback and yard requirements.
A. Front setback.
(1) All principle and accessory structures shall be set back 75 feet from any road, street or highway
right-of-way.
(2) Excavations shall be no closer than 100 feet from any road, street or highway right-of-way. The
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 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 100 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 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.
(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 Board of Supervisors may reduce this yard
requirement to a minimum of 200 feet.
§ 165-608.06 Height limitations.
No structure shall exceed 45 feet in height.
DRAFT Ordinance Amendment
EM/M1/M2 Districts
7/15/13
A. No structure shall exceed 60 feet in height, except as outlined below:
§ 165-608.07 Additional requirements.
1. Unmanned structures utilized for a use permitted in the EM District may exceed 60 feet in
height if the Board of Supervisors approves a Conditional Use Permit. All structures over 60 feet in
height must be set back from property lines an additional two feet for each one foot in height
above 60 feet. In no case shall any unmanned structure exceed 200 feet in height.
All uses in the EM District must conform with all state, federal and local regulations. All mining operators
shall submit to the Zoning Administrator a copy of the operations plan required by state agencies with
the required site plan.
DRAFT Ordinance Amendment
EM/M1/M2 Districts
7/15/13
ARTICLE VI
BUSINESS AND INDUSTRIAL ZONING DISTRICTS
Part 601 – Dimensional and Intensity Requirements
§ 165-601.02 Dimensional and intensity requirements
The following table describes the dimensional and intensity requirements for the business and industrial
districts:
District
Requirement B1 B2 B3 OM M1 M2
Front yard setback on primary or arterial
highways (feet)
50 50 50 50 75 75
Front yard setback on collector or minor
streets (feet)
35 35 35 35 75 75
Side yard setbacks (feet) - - 15 15 25 25
Rear yard setbacks (feet) - - 15 15 25 25
Floor area to lot area ratio (FAR) 0.3 1.0 1.0 2.0 1.0 1.0
Minimum landscaped area (percentage of
lot area)
35 15 25 15 25 15
Maximum height (feet) 35 35 35 60 60
100’
60
100’
Item #2: TDR Density Right Conversion Rate
Staff has prepared a draft revision to the TDR ordinance to include a minor addition that allows the
use of contiguous parcels for TDR transfers (one property may have state road frontage but another
contiguous property under the same ownership may not) as well as a revision to include a density
right conversation that would apply to density rights being applied to receiving properties. The
conversion would be based on the type of housing unit being developed on the receiving property
– single family detached, single family attached or multifamily.
In reviewing the TDR Ordinance and discussions with parities interested in utilizing TDR rights
for their developments, it has come to staff’s attention that the projected value of a TDR would
only be economically feasible to utilize when developing a single family detached development
and would not be attractive when developing single family attached (townhouse) or multifamily
units. With a rezoning the capital impact a dwelling unit has on the County is based on the
development impact model which is broken down by housing type. As outlined in the impact
model output, a single family dwelling unit has a higher impact on capital facilities than a
multifamily unit.
The development impact model currently calculates the capital facility impacts as follows:
• Single Family Dwelling Unit = $ 19,600
• Town Home Dwelling Unit = $ 13,062
• Apartment Dwelling Unit = $ 11,339
A single family dwelling unit constructed in the both the rural areas and the urban areas has an
impact of $19,600 on capital facilitates (based on the 2013 Development Impact Model). This
impact doesn’t include the impact on the local transportation network. Dwellings constructed in
the urban areas typically have access to a road network that is better capable of accommodating
the traffic generated by new dwellings while dwellings constructed in the rural areas access the
existing rural road network which typically is not constructed in a way to accommodate
additional units. Additionally, state transportation funding programs favor transportation in urban
and suburban areas. While the use of TDR’s prohibit the County from collecting proffers and
capital facility impacts, the County does not lose out by the use of TDR’s. The County absorbs
the fiscal and transportation impacts of rural development either way, and the use of TDR’s
allows those units to be transferred to the urban areas which are better equipped to handle that
development.
To help bridge this value gap, staff has prepared a revision to the TDR ordinance that allows for
the following:
• When utilizing TDR’s to develop single family detached dwellings on a receiving
property, one TDR density right can be used to develop one single family detached
dwelling unit.
• When utilizing TDR’s to develop single family attached dwellings (townhouses) on a
receiving property, one TDR density right can be used to develop 1.5 single family
attached dwelling units.
• When utilizing TDR’s to develop multifamily dwellings on a receiving property, one
TDR density right can be used to develop 1.75 multifamily dwelling units.
By including a conversion rate, it allows the TDR value to remain fair and stable while allowing
a developer to construct various housing types.
If the DRRC is supportive of these ordinance amendments, staff will forward them to the
Planning Commission and Board of Supervisors for their consideration.
Attachment: 1. §165-302.01. Sending Properties - (additions shown in bold underlined
italics).
2. §165-302.03. Calculation of development rights, (additions shown in bold
underlined italics).
3. Development Impact Model.
TDR ATTACHMENT 1
ARTICLE III
Transfer of Development Rights (TDR) Program
Part 302 – Sending and Receiving Properties
§165-302.01. Sending Properties.
A. For the purposes of this chapter, a sending property must be an entire tax parcel or lot qualified
under §165-302.01B of this section. Sending areas may only be located within the rural areas
outside of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA), and
zoned RA (Rural Areas), as described in the Comprehensive Policy Plan and the RA Zoning District of
this Chapter. A sending property shall be maintained in a condition that is consistent with the
criteria in this section under which the sending was qualified.
B. Qualification of a sending property shall demonstrate that the site contains a public benefit such
that the preservation of that benefit by transferring residential development rights to another site is
in the public interest, according to all of the following criteria:
1) Designated in the Comprehensive Policy Plan as Rural Area;
2) Designated on the Zoning Maps of Frederick County as being zoned RA (Rural Areas) and be
located outside of the Urban Development Area (UDA) and the Sewer and Water Service Area
(SWSA);
3) Designated on the Sending Areas Map;
4) Comprised of at least twenty (20) acres in size; and
5) Qualified for subdivision in accordance with Chapter 144 of the Frederick County Code including,
but not limited to, meeting all state road and access requirements. For TDR purposes if the
sending property consists of more than one parcel of land, at least one lot must meet all the
subdivision requirements of chapter 144; this lot shall be deemed the primary lot. Additional
parcels that do not meet the subdivision requirements but are contiguous to the primary lot
may be added to the sending property if they are all under common ownership. For purposes
of this section, lots divided by a street are considered contiguous if the lots would share a
common lot line if the street was removed.
C. If a sending property has any outstanding code violations and/or unpaid taxes, the owner shall
resolve these violations, including any required abatement, restoration, or payment of penalties or
taxes, before the property may be qualified as a sending property in the transfer of development
rights program.
TDR ATTACHMENT 2
1
ARTICLE III
Transfer of Development Rights (TDR) Program
§165-302.03. Calculation of development rights.
I. TDR density rights may be converted to bonus density rights by an increase in the residential density
on the receiving property, based on the conversion factors in the table below:
Table 2
Maximum Density Allowed in Zoning Districts through Transfer of
Development Rights (TDR) Program
Designated
Sending Area
Each Transferred Density Right May Be
Converted to This Bonus Density in the
Receiving Area
Sending Area #1 1 Density Right =2 Dwelling Units
Sending Area #2 1 Density Right =1.5 Dwelling Units
Sending Area #3 1 Density Right =1 Dwelling Unit
1. Allowable sending area
bonus density remains subject to the maximum density provisions
outlined in Table 1 of §165-302.03H.
2. If properties located in Sending Area #1 (designated Agricultural and Forestal District) that have
transferred bonus density rights are subsequently withdrawn from the designated sending area
(the designated Agricultural and Forestal District), the total number of density rights
transferred, including bonus density rights, shall be counted against any future subdivision
ability of the property.
3.
When TDR density rights are applied to a receiving property, the density right to housing type
conversion rate shall be outlined in the table below. Such density conversions shall be
demonstrated on the Master Development Plan for the receiving property.
Table 3
TDR Denisty Right Conversation Rate
Housing Type Conversation Rate
Single Family 1 TDR Density Right =1 Dwelling Unit
Single Family Attached 1 TDR Density Right =1.5 Dwelling Units
(*all fractions must be rounded down)
Multifamily
1 TDR Density Right =1.75 Dwelling Units