DRRC 01-22-09 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
540/665-5651
MEMORANDUM FAX: 540/665-6395
To: Development Review and Regulations Committee
From: Candice E. Perkins, AICP, Senior Planner
Subject: January Meeting and Agenda
Date: January 15, 2009
The Frederick County Development Review and Regulations Committee (DRRC) will be meeting on
Thursday, January 22, 2009 at 7:00 p.m. in the first floor_ conference room (purple room) of the
County Administration Building, 107 North Kent Street, Winchester, Virginia. The DRRS will
discuss the following agenda items:
AGENDA
1) Election of DRRC Chairman and Vice -Chairman. As stipulated in the DRRC Operating
Procedures, a chairman and vice-chairman will be elected during the first meeting of each
year.
2) Veterinary Clinics in the B1 Zoning District. Discussion on revisions to the Frederick
County Zoning Ordinance to allow Veterinary Clinics in the B 1 (Neighborhood Business)
Zoning District.
3) New Traditional Neighborhood Design (TND) District. Continued discussion on
revisions to the Frederick County Zoning Ordinance for a new zoning district to implement
the urban center and neighborhood business land use classification of the Comprehensive
Policy Plan.
Please contact this office if you will not be able to attend the meeting. Thank you.
Access to this building is limited during the evening hours. Wherefore, it will be necessary to enter
the building through the rear door of the four-story wing I would encourage committee members
and interested citizens to park in the County parking lot located behind the new addition or in the
joint Judicial Center parking lot and follow the sidewalk to the back door of the four-story wing.
CEP/dlw
Attachments
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
■
Item #2: Veterinary Clinics in the B1 Zoning District
Frederick County has received a request to add Veterinary Clinics as a permitted use in the B 1
(Neighborhood Business) Zoning District. Currently the Frederick County Zoning Ordinance allows
veterinary offices as a permitted use in the B2 (Business General) and the B3 (Industrial Transition)
Zoning Districts and as a conditional use in the RA (Rural Areas) and RP (Residential Performance)
Zoning Districts. Staff has prepared an ordinance revision that would add "Veterinary Services for
Animal Specialties" (SIC 0742) to the B 1 Zoning District uses.
If the DRRC is supportive of this ordinance amendment, staff will forward it to the Planning
Commission and Board of Supervisors for their consideration.
Attachments: 1. Letter requesting the addition of Veterinary Clinics in the 131 Zoning District.
2. Revised ordinances with additions shown in bold italics.
2
Gary J. Konkel 694 Federal Street Paris, VA 20130
Nov 3 2008
Oct 30, 2008
Ms. Candice E. Perkins, AICP
Frederick County Planning and Development
107 N. Kent Street
Winchester, VA 22601
Dear Ms. Perkins:
I have been referred to you by Eric Lawrence and I have discussed this issue with Messer's Lemieux and Ken. My
name is Gary KonkeI and I am an agent with Long and Foster Real Estate in Middleburg. I have been working with
a client for several years who is interested in purchasing a commercial property for use as a veterinary clinic for a
small animal practice. We have experienced difficulty in finding a suitable location because of the small number of
B-2 zoned properties in our desired location. I understand that your Comprehensive Plan assumes that the districts
east of Winchester bordered by Rt. 7 and Rt. 50 are intended to be primarily residential areas. In researching the
Frederick County zoning ordinance I have come to believe that the B-1 zone should include veterinary offices as
a permitted use and would respectfully request that you consider amending your zoning ordinance accordingly. I
understand the reluctance to make zoning changes based on any single individuals need and I agree with that
position. However, I believe there is a strong rationale for making such a change for the consistency of your
ordinance and to better serve the needs of Frederick County citizens. My rationale follows:
The purpose of the B 1 zoning district is:
"B I Neighborhood Business District. The intent of this district is to provide small business areas to serve the daily
household needs of surrounding residential neighborhoods. Uses allowed primarily consist of limited retailing and
personal service uses. Business uses in this district should be small in size and should not produce substantial
vehicle traffic in excess of what is usual in the residential neighborhoods. [Amended 4-10-1991]"
Small Animal Veterinary Clinics are a business use that is a non intrusive, quiet, and low traffic volume operation
that provides a valuable service to residential property owners. Unlike kennels, vet clinics do not introduce
significant noise. In fact, they are similar to private residences having dogs for pets. They do not create nuisance
factors for neighboring residences.
Small Animal Vet Practices meet the intent of the B-1 district. Vet Clinics are similar to a medical building which is
a permitted use within the district. It is a personal service business that meets the daily household needs of the
surrounding residential neighborhoods. Vet Clinics are typically small in size and would not produce substantial
vehicle traffic in excess of what is usual in the residential neighborhoods.
There is an increasing need for Vet Clinic locations that are located near intensive residential areas. Because they are
a non intrusive use, they can be placed near residential areas and provide greater convenience and reduce travel time
and expenses for clinic patrons. There seems to be little rationale for requiring that Vet Clinics to be located in areas
with intensive business uses. They are not serviced by large delivery trucks. They do not create large volumes of
traffic and do not require a lot of parking because clientele are schedule for appointment. Vet Clinics do not create
excessive waste or use unusual amounts of water or sewer capacity.
Vet Clinics are a use permitted by a Conditional Use Permit in the RP zoning district. That would lead one to
believe that county planners recognize that Vet Clinics can exist even within residential neighborhoods. Granted
that conditions may be placed on the use, but it doesn't seem to make sense that Vet Clinics can be approved in RP
Gary J. Konkel 694 Federal Street Paris, VA 20130
districts and not B 1 districts. It appears to be a more logically consistent policy to permit the use in a more restricted
Business district than in a residential district.
I would be happy to meet with you to further discuss this issue. Please let me know of a time that is convenient.
Thank you for your assistance in this matter.
Sincerely,
Gary'. Konkel
540.592.9008
540.272.6685
ARTICLE X
Business and Industrial Zoning Districts
§ 165-82. District use regulations.
The following tables describe the business and industrial zoning districts in Frederick County,
the intent of those districts and the uses allowed in each district. Standard Industrial
classification numbers are provided for particular uses to assist the Zoning Administrator in
classifying uses. Determining whether a particular use should be classified under a particular
category remains subject to interpretation on the part of the Zoning Administrator.
A. Neighborhood Business District. The intent of this district is to provide small business areas
to serve the daily household needs of surrounding residential neighborhoods. Uses allowed
primarily consist of limited retailing and personal service uses. Business uses in this district
should be small in size and should not produce substantial vehicle traffic in excess of what
is usual in the residential neighborhoods. [Amended 4-10-19911
B1 Allowed Uses
Standard Industrial Classification
(SIC)
Veterinary Services for Animal Specialties
0742
Food stores
54
Apparel and accessory stores
56
Drugstores
591
Miscellaneous shopping goods stores
594
Finance, insurance and real estate offices
-
Personal services, except the following:
72
Industrial launderers
7217
Funeral homes and crematories
726
Car washes
7452
Videotape rental
784
Medical offices
801, 802, 803 and 804
Child day-care services
835
Civic, social and fraternal organizations
864
Public buildings
-
Public utility distribution facilities
-
Business signs
-
Signs allowed in § 165-30B [Amended 2-13-2008]
-
Freestanding building entrance signs [Added 2-13-20081
r
Electronic Message signs [Added 2-13-20081
Multi -tenant complex signs [Amended 2-13-20081
-
Residential uses which are accessory to allowed
business uses
Parks
-
Churches
-
Restaurants [Added 12-9-19921
5812
Art dealers, art supplies and art framing -
[Added 41-24-19951
Fire Mations, companies and rescue squads -
[Added 10-27-1999'1
Tobacco stores [Added 1-10-20011 5993
Accounting, auditing and bookkeeping -
[Added 1-10-20011
Health clubs no larger than 10,000 square feet 7991
[Added 2-22-20061
32 STANDARD INDUSTRUL CLASSIFICATION
Industry
Group Industry
No. No.
072 CROP SERVICES—Con.
0722 Crop Harvesting, Primarily by Machine—Con.
Berries, machine harvesting of
Chopping and silo filling Nuts, machine harvesting of
+ Combining, agricultural Peanuts, machine harvesting of
Cotton, machine harvesting of Sugar beets, machine harvesting of
+ Fruits, machine harvesting of Sugarcane, machine harvesting of
Grain, machine harvesting of Threshing service
Hay mowing, raking, baling and chop- Vegetables, machine harvesting of
ping
0723 Crop Preparation Services for Market, Except Cotton Ginning
Establishments primarily engaged in performing services on crops, subse
quent to their harvest, with the intent of preparing them for market or fur-
ther processing. Establishments primarily engaged in bu
for resale to other than the general ying farm products
which also g public for household consumption and
prepare them for market or further processing are classified in
Wholesale Trade. Establishments
ing tobacco are classified in Manufacturing, g, Industry 2141.arily engaged in stemming and redry-
Bean cleaning
Corn shelling Nut hulling and shelling
Cotton seed delinting Packaging fresh or farm -dried fruits
I Drying of corn, rice, hay, fruits, and and vegetables
vegetables Peanut shelling custom
Flax decorticating and netting Potato curing
Fruit precooling, not in connection with Seed cleaning
transportation Sorting, grading, and packing of fruits
Fruit vacuum cooling and vegetables
Grain cleaning Sweet potato curing
Grain fumigation Tobacco grading
Grain grinding, custom Vegetable precooling, not in connection
Moss ginning with transportation
0724 Cotton Ginning Vegetable vacuum cooling
Establishments primarily engaged in ginning cotton.
i Cotton ginning
Cotton pickery Gins, cotton: operation of
074 VETERINARY SERVICES
0741 Veterinary Services for Livestock
Establishments of licensed practitioners primarily engaged in the practice of
veterinary medicine, dentistry, or surgery, for cattle, hogs, sheep, goats, and
j poultry. Establishments of licensed practitioners primarily engaged in treating
all other animals are classified in Industry 0742.
Animal hospitals for livestock
Veterinarians for livestock Veterinary services for livestock
0742 Veterinary Services for Animal Specialties
Establishments of licensed practitioners primarily engaged in the practice of
veterinary medicine, dentistry, or surgery, for animal specialties. Animal spe-
cialties include horses, bees, fish, fur -bearing animals, rabbits, dogs, cats, and
other pets and birds, except poultry. Establishments of licensed practitioners
primarily engaged in veterinary medicine for cattle, hogs, sheep, goats, and
Poultry are classified in Industry 0741.
Animal hospitals for pets and other
animal specialties Veterinary services for
Pets and other
Pet hospitals
animal specialties
Veterinarians for pets and other
animal specialties
076
Item #3: New Traditional Neighborhood Design (TND) District
lr� FebrLI of2007 the Board ofSuper�isors adopted the Urban Development Arca k u A) SLudy.
Subsequently, the first ordinance to implement the UDA Study was adopted in June of 2008. The
adopted TNDB (Traditional Neighborhood Design -Business) Overlay District is an overlay that can
be utilized on parcels zoned B 1 (Neighborhood Business) or B2 (Business General) that are less than
twenty acres. The Board of Supervisors then adopted the Route 277 Triangle and Urban Center Land
Use Plan on August 13, 2008. This new land use plan designates areas for urban centers and
neighborhood villages and where a larger TND ordinance would be needed. As stated in the plan,
the effort has identified opportunities to create new communities, integrate land use and
transportation choices and address community infrastructure needs. The land use plan contains an
urban center that is envisioned to be an intensive, walkable urban area that is well integrated with the
surrounding community. The urban center is envisioned to be based on the principles of New
Urbanism and Traditional Neighborhood Design. With the adoption of the UDA Study and the
Route 277 Triangle and Urban Center Land use Plan a second, larger ordinance is needed to
implement these goals. Therefore, a new district has been drafted that is termed the Traditional
Neighborhood Design (TND) District.
This new TND district (Attachment #1) would be applicable to parcels located in the Urban
Development Area (UDA) served by public water and sewer systems. However, this district is
specifically targeted to designated urban centers and neighborhood villages as designated by the
Comprehensive Policy Plan. Features of traditional neighborhood design include:
Mix and integration of a variety of uses
Increased density in an urban form
Connectivity
High quality architecture and urban design
Smart transportation
Communityfocal points
Mix and diversity of housing opportunities
Walkability
Traditional neighborhood structure
Sustainability and environmental quality
Integrated communityfacilities
Enhanced design and planning
Some of the requirements of the proposed TND District include:
• Master Development Plan designed to be submitted with the rezoning;
• Design Guidelines Manuel designed to be submitted with the rezoning;
• Permitted uses include all uses permitted in the B1, B2 and RP District (conditional uses
specified), modified housing types permitted;
• Mixture of housing types required;
• Minimum and maximum gross residential density;
• Minimum percentages and mixes of uses required;
• Defined community center (mix of commercial, residential, civic, institutional uses) required;
• Central plazas and squares required;
• Shallow (maximum) front setbacks;
• Parking behind the buildings;
• Over shop housing required;
• Separate parking requirements;
• Greater variety of allowed sign types;
• Minimum FAR and higher building heights; and
• Street circulation and layout requirements.
The DRRC discussed this draft ordinance on September 30, 2008 and again on October 23, 2008.
The text has since been revised to address the comments from the October meeting.
Attachments: 1. Proposed TND District Requirements and Definitions (changes shown in bold
italics).
11
DRAFT Traditional Neighborhood Development District (TND) January 2009
Traditional Neighborhood Development District (TND) ATTACHMENT 1
Intent.
The purpose of the Traditional Neighborhood Development District (TND) is to allow
development of compatible mixed-use, pedestrian -oriented, activity centers containing a mix and
integration of uses, including business, retail, residential, cultural, educational, and other public
and private uses in areas consistent with the Comprehensive Plan to create livable communities.
This district is meant to allow the implementation of the urban centers and neighborhood village
concepts of the Comprehensive Plan. Specific objectives of this district include:
1. Nonresidential uses, civic uses and open spaces mixed with diverse residential land uses.
The TND should feature a variety of housing choices, high quality retail, community
facilities as focal points and employment opportunities all connected by a connected by
an attractive, efficient, multimodal transportation center. Within a TND development,
dwellings, shops, and workplaces should generally be located in close proximity to each
other.
2. Generally rectilinear patterns of streets and blocks.
3. A hierarchy of public and/or private streets, with facilities for automotive vehicles, public
transit, bicycles and pedestrians.
4. Well configured squares, greens, landscaped streets, and parks woven into the pattern of
the town center and dedicated to collective social activity, recreation, and visual
enjoyment.
5. Civic buildings for assembly, or for other civic purposes, that act as landmarks, symbols,
and activity center for community identity.
6. On -street parking and centralized parking facilities to collectively support principal uses
in the Community Center.
Existing environmental features are to be preserved and integrated into the plan of development.
The major land uses are to be linked by way of pedestrian linkages, trails and greenways that tie
together the businesses, residences and open spaces into accessible patterns of development. The
pedestrian -oriented nature of the district should be emphasized by the building scale and design,
building orientation to the street, block sizes, pedestrian -oriented uses and pedestrian -friendly
streetscapes.
District boundaries.
Properties that are included within the Traditional Neighborhood Development District (TND)
shall be delineated on the Official Zoning Map for Frederick County. This map shall be
maintained and updated by the Frederick County Zoning Administrator.
Rezoning Procedure and Establishment of District.
The process to create a TND District consists of two parts: rezoning the property to TND, and, as
a proffered component of the rezoning process, approval of a Master Development Plan and a
Design Guidelines Manual. The Master Development Plan shall be in accordance with article
1
DRAFT Traditional Neighborhood Development District (TND) January 2009
XVIII of this chapter and section (see below) of this section. The Design Guidelines Manual will
govern the site-specific design features associated with the project throughout its development.
An area to be rezoned to the Traditional Neighborhood Development District shall contain no
fewer than 20 acres and shall be located along an arterial or major collector roadway with
capacity to handle the traffic generated. Contiguous additions of a minimum of five (5) acres
shall be allowed to an existing TND District if the applicant demonstrates that the addition is
integrated with the district that was previously approved. This district must be located in areas
within the Urban Development Area (UDA) served by public water and sewer systems and shall
be applicable throughout the UDA, but specifically targeted to designated urban centers and
neighborhood villages as designated by the Comprehensive Policy Plan.
Master Development Plan.
In addition to the requirements of Article XVIII of this chapter the following items shall be
shown in the Master Development Plan in a map and/or textual form.
1) The Master Development Plan (MDP) shall exhibit a compact pattern of
development that efficiently facilitates interconnection between the commercial uses,
residential uses, and public/civic/institutional uses, which serves to unify the entire
proj ect;
2) The primary commercial land uses shall be concentrated at the major intersections
depicted on the MDP;
3) The maximum non-residential square footage by use type and function;
4) The maximum residential densities and the maximum number of residential units for
individual land use categories and mixed use categories, delineating at least two
housing types;
5) The designation and design of public and private roadways including alleys;
6) The designation of all residential and non-residential blocks and the maximum
height in each block.
7) Density by block and overall density;
8) Sidewalk and pedestrian path locations.
Design Guidelines Manual.
The Design Guidelines Manual shall address the following components of the built environment
within a proposed TND District:
1) Types of residential structures utilized within the TND project and side and rear
setbacks for each structure;
2
DRAFT Traditional Neighborhood Development District (TND) January 2009
2) The form, massing, and proportions of structures;
3) Vertical separation between streets and single-family residential uses;
4) Architectural styles;
5) Front porches for single-family residential uses;
6) Materials, colors and textures;
7) Roof form and pitch;
8) Architectural elements and ornamentation;
9) Facade treatments, including windows and door openings;
10) Landscape treatments;
11) Sidewalk and pathway treatments and other pedestrian amenities;
12) Preservation of historic structures, sites, and archeological sites identified by the
Virginia Department of Historic Resources and those designated by the county;
13) Signage.
Phasing.
The developer/subdivider is permitted to construct the TND project in phases or section as long
as:
1) All phases are indicated on the master development plan.
2) Essential streets and entrances to the TND project shall be provided with the initial phase
of the development.
3) No more than 60 percent of residential building permits shall be released until building
permits are released and uses are under construction for at least 50 percent of the land
area designated for non-residential development. The Board of Supervisors may approve
alternative phasing at the time of rezoning.
Permitted Uses.
All uses permitted in the TND District are those allowed in the following districts subject to
other restrictions imposed by this section:
RP Residential Performance District
BI Neighborhood Business District
B2 Business General District
I
DRAFT Traditional Neighborhood Development District (TND) January 2009
Conditional Uses.
The following uses and associated signs are permitted with a conditional use permit provided
that it is demonstrated that the use can meet the intent of the TND District.
Conditional rises
Car Washes
Self-service storage facilities
Standard Industrial Classic:cation
(SIC)
Drive throughs/Drive-in lanes associated with any permitted use
Outdoor Storage and Display
Cottage Occupations, as defined
Modifications to permitted housing types.
7542
The applicant may request as part of an application for rezoning to the TND District that a
modification to the permitted residential housing types be allowed. The applicant may introduce
new housing types as part of the Design Guidelines Manual. The Design Guidelines Manual
shall specify the proposed housing types and define all lot requirements and setbacks. The Board
of Supervisors may approve or disapprove such request, in whole or in part, following review by
the Planning Commission.
Mixture of housing types required.
TND projects should incorporate as many categories of residential uses as possible, but at least
three separate categories of residential uses shall be provided. Residential categories include but
are not limited to: single family attached, single family detached and multifamily uses. No more
than 25% of the area designated for residential uses in the TND project shall consist of single
family detached residences.
Site Plan and Subdivision Design Plans.
Based on the approval of the Rezoning, Master Development Plan and Design Manual for a TND
Development, the applicant may file for site plan review/approval or subdivision plan
review/approval.
Development Standards.
A. Minimum Use Percentages. A TND Development shall have the following minimum
percentages of permitted uses. These percentages shall not be modified.
LI
DRAFT Traditional Neighborhood Development District (TND) January 2009
1) Commercial Uses. At least 50% of the of the land area of the development shall be
devoted to commercial uses in areas designated as an Urban Center in the
Comprehensive Policy Plan. In areas designed as a neighborhood village, at least
25% of the land area of the district shall be devoted to commercial uses. Over the
shop housing shall not be counted towards the minimum commercial percentage
required and shall not count against the residential density of the development.
2) Residential Use. At least 10% of the land area of the development shall be devoted
to residential uses, not to include over shop housing.
3) Public/Civic/Institutional Uses. At least 5% of the land area of the development
shall be devoted to Public/Civic/Institutional uses. A 10% reduction for the
minimum commercial area shall be permitted in TND projects that provide
public/civic/institutional uses such as but not limited to schools, libraries and fire
and rescue facilities, not to include open_ space.
4) Public Parks and Open Space. At least 20% of the gross land area of the TND
development shall be devoted to public parks and/or open space for the common
use and enjoyment of residents, visitors and employees within the TND.
B. Mix of Uses in Project Design. To achieve the compact design necessary to make the
TND fully pedestrian oriented, residential and non-residential land uses must be
sufficiently mixed horizontally across the project and vertically within the buildings. At
least 40% of the total square footage of the ground floor building area within the
commercial areas of the TND development shall be dedicated to over shop housing. The
total ground floor area of all commercial buildings shall be the combined total ground
floor area of all commercial buildings contained within the development or single MDP,
not for each individual building.
C. Commercial Uses. Except as may be approved at time of zoning or for government
buildings, no individual building shall exceed 15,000 square feet in ground floor area
until buildings are under construction for the minimum percentage of ground floor
building square footage with over shop housing. Once building construction has started
for the minimum area of buildings with over shop housing, there shall be no minimum
individual building floor area.
D. Community Center. TND Districts are required to have a defined community center. A
community center of a TND project shall consist of a mix of commercial, residential in
the form of over shop housing, civic or institutional uses and open space uses. The
Community Center of a TND development should be organized so that Community
Center is within approximately % mile from the residential blocks of the development.
E. Common Open Space. At leasl 20 percenr othe -gross —aeteageof the entne TND
fesidents, visitefs and ef"leyees within the TND and shall be eleafi), delineated in the
xa stef Development P! A minimum of 85 percent of the residential units within the
TND project shall be within 1/4 mile of an improved common open space such as a park or
plaza having a minimum area of 20,000 square feet that includes, at a minimum,
5
DRAFT Traditional Neighborhood Development District (TND) January 2009
improvements such as benches, activity areas, and landscaping. No more than 50% of
the required open space shall be 'located in environmental features or areas designated as
green infrastructure as identified by the Comprehensive Policy Plan.
F. Central Plaza or Square. A formally designed center plaza or square that is located
within the Conununity Center shall be provided and shall be a minimum of 40,000 square
feet in area. Central plazas or squares located in designated neighborhood villages shall
be a minimum of 20,000 square feet in area. At least one side of the plaza shall adjoin a
road. The plaza shall include public amenities, such as ponds, fountains, public areas,
plant beds, benches, drinking fountains, clock pedestals and the like. Buildings that
adjoin the plaza shall be a minimum of two (2) stories.
G. Principal Building Entrance. The principal entrance of buildings located in the
commercial areas of the development shall be oriented towards the street or adjacent
plazas, greens, parks, squares or pedestrian passageways.
H. Sidewalks and pedestrian walkways. Continuous sidewalks shall be provided along
both sides of all streets within the district excluding alleys. Sidewalks located along
primary commercial building entrances utilized for the general public shall be a minimum
of ten (10) feet wide. All other sidewalks shall be a minimum of five (5) feet wide.
I. Trails. All planned bike trails as identified in the Comprehensive Plan shall be provided
along any road within the district. Trails shall be a minimum of 10 feet wide and have a
paved surface.
J. Recreational Facilities. One recreational unit as outlined in §165-64B, or equivalent
recreational facility shall be provided for each 30 dwelling units, excluding over the shop
housing. The facilities shall be in a configuration and location that is easily accessible to
the dwelling units that they are designed to serve. The design and amount of facilities
shall be approved by the Planning Commission in conjunction with the Director of
Planning and the Department of Parks and Recreation. A recreational unit is designed to
meet the recreational needs of 30 dwelling units. The units may be broken into smaller
units or added together to meet the needs of the planned community.
K. Parking. A TND project shall have the following parking requirements:
1) Within the Community Center and all mixed use commercial areas, all parking
lots are required to be located at the rear or side of a building.
2) A parking lot or garage may not be adjacent to or opposite street intersections.
3) In the mixed-use areas, a commercial use must provide one parking space for
every 500 square feet of gross building area.
4) Parking lots or garages within the commercial areas of the TND project must
provide at least one bicycle parking space for every ten motor vehicle parking
spaces.
31
DRAFT Traditional Neighborhood Development District (TND) January 2009
5) Parking lot landscaping shall be required per §165-27.
6) Single family residential structures are required to have two off street parking
spaces per dwelling unit. Multi -family uses and over shop housing must provide
one parking space for the first bedroom and 0.5 parking spaces for each additional
bedroom.
7) The Zoning Administrator may allow some variation in the standards for required
parking based on detailed parking demand studies provided by the applicant.
Such studies should be based on an accurate analysis of the parking demands of
actual similar uses.
L. On -Street parking. On -street parking can be counted towards meeting the required
parking required in this section, provided such parking is located within 400 feet of the
subject principal use.
M. Property Owners Association. All phases of the TND project shall be included under a
single property association according to the requirements of § 165-34 of the Frederick
County Zoning Ordinance.
N. Signage.
1) The following requirements shall apply to commercial_ signage in the TND
district:
a) Projecting signs. Signs which project from the face of the building shall
be perinitted subject to the following:
Maximum sign area shall be six (6) square feet on any side of the
building.
ii. Distance from the lower edge of the signboard to the ground shall be
eight (8) feet or greater.
iii. Height of the top edge of the signboard shall not exceed the height of
the wall from which it projects for single story buildings, or the
height of the sill or bottom of any second story window for multi-
story buildings.
iv. Distance from the building to the signboard shall not exceed six (6)
inches.
v. Width of the signboard shall not exceed three (3) feet.
b) Awning signs. Where awnings are provided over windows or doors,
awning signage is permitted with the following provisions:
ii. Maximum eight (8) square feet of signage area on an awning.
7
DRAFT Traditional Neighborhood Deveiapment District (TND) January 2009
iii. No backlit awnings are allowed.
c) Wall -mounted signs shall be permitted to encompass 1.5 square feet for
every 1.0 linear feet of building frontage, provided that the total area of
the wall -mounted sign does not exceed 150 square feet. The height of
wall -mounted signs shall not exceed 18 feet above the ground.
d) Freestanding business signs shall not exceed 50 square feet in area.
Freestanding business signs shall not exceed 12 feet in height.
2) All other signs regulations shall be as required in § 165-30 of this chapter.
General regulations.
A. Size. No minimum lot size is required.
B. Residential density. Maximum gross residential density shall be 16 units per acre. In no
case shall the residential density in any residential land bay be less than four units per
acre. Over the shop housing shall not count towards the maximum gross residential
density.
C. Dimensional and intensity requirements. The following dimensional and intensity
requirements shall_ be applicable for all development within the TND district:
TND District
Requirements
Minimum front yard setback on 30
Primary and arterial highways (feet)
Minimum front yard setback on
Collector or minor streets (feet)
No Minimum
Maximum front yard setback on 25
Collector or minor (local) streets (feet)
Side yard setbacks (feet)
Rear yard setbacks (feet)
Minimum Floor area to lot area ratio (FAR) 0.4
Maximum Floor area to lot area ratio (FAR) 2.0
Building Height (Feet)
.1,
DRAFT Traditional Neighborhood Development District (TND) January 2009
Use Limitations
A. Buffering and Screening.
1) No loading areas or refuge collections areas shall be located closer than 100 feet
from any residentiai district or use. No parking ?reas shall be located closer than 50
feet any residential district or use.
2) Au parcels within the TND District which adjoin parcels that are utilized for
agricultural activities shall provide the following buffers:
a. A one -hundred foot buffer adjacent to a parcel whose primary use is
agriculture. Agricultural land use shall be considered to be any parcel zoned
RA (Rural Areas) District whose primary use is not residential or orchard. A
twenty -foot Landscaped easement, measured from the adjoining property line,
shall be provided which contains a single row of evergreen trees on ten foot
centers that are a minimum of four feet at the time of planting and an earth
berm that is three feet in height and constructed on a 3:1 slope. Parking and
maneuvering areas may be established within the remainder of the buffer
area, provided that all requirements of § 165-27E(II), Parking lot
landscaping, are met.
b. A two -hundred foot buffer adjacent to 2 parcel whose primary use is orchard.
A forty foot landscaped easement, measured from the adjoining property line,
shall be provided which contains a double row of evergreen trees on ten foot
centers that are a minimum of four feet at the time of planting and an earth
berm that is six feet in height and constructed on a 3:1 slope. Parking and
maneuvering areas may be established within the remainder of the buffer
area, provided that all requirements o_ f § 165-27E(11), Parking lot
landscaping, are met.
3) Loading areas and refuse collection areas shall be landscaped, screened and buffered
from view as seen from adjoining streets and residential areas. Parking lots shall be
landscaped in accordance with § 165-27.
4) Buffers and screening between housing types and commercial development internal.
to the Traditional Neighborhood Design District shall not be required.
5) Buffering and screening requirements shall be provided as required in § 165-37 of
this chapter for the zoning district that corresponds to the use being buffered and/or
screened. Any residential dwelling units located above commercial floor space shall
be treated as commercial floor space solely for the purpose of buffers and screening
requirements. Zoning district buffers shall not be required along any existing road
right-of-ways which border the development.
6) Road efficiency buffers shall be provided accordingly as specified in §165-37 of this
chapter.
M
DRAFT Traditional Neighborhood Development District (TND) .January 2009
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B. Street Trees and Residential Landscaping.
1) One street tree shall be provided for every 30 feet of street frontage. Street trees
shall be planted no more than 10 feet from rights of way. Acceptable trees shall be
based on the list of street trees included in §165-36B of this chapter. Street trees
shall be a minimum of three inch caliper at the time of planting.
2) Landscaping on residential lots, excluding over shop housing, shall conform with
§165-36.
Motor Vehicle Access and Circulation.
A. Motor Vehicle Circulation. Motor vehicle circulation shall be designed to promote
pedestrian circulation and bicycle activity. Streets within the TND shall include traffic
calming elements to encourage slow moving traffic speeds such as "queuing streets",
curb extensions, traffic circles, parallel and angled on -street parking and medians, as
determined by the County Transportation Planner.
B. Street Layout. Development in the TND District shall maintain a street grid pattern of
generally parallel interconnecting streets with no cul-de-sacs except as may be approved
during the review of the Master Development Plan due to topographic or site design
constraints. Driveways to individual residential lots shall be prohibited along all roads
identified as arterial or collector roadways.
C. Street Orientation. The orientation of streets should enhance the visual impact of
common open space and prominent buildings, create lots that facilitate passive solar
design, and minimize street gradients.
ARTICLE XXII
Definitions
§165-156. Definitions and word usage. [Amended 11-13-1991]
Alley — a public or private way permanently reserved as a secondary means of access to abutting
residential property. Alleys may also provide delivery access to commercial properties.
Block — a unit of land bounded by streets or by a combination of streets and public land, railroad
right-of-way, waterways, or any other barrier to the continuity of development.
Community Center — An area of more intense uses consisting of a mix of commercial,
residential in the form of over shop housing, civic or institutional uses and open space uses.
TND developments should be designed so that residential blocks are within approximately
miles from the Community Center.
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DRAFT Traditional Neighborhood Development District (TND) January 2009
Neighborhood Village — Compact centers that focus and complement surrounding
neighborhoods; they are walkable and designed at human scale and are supported by existing and
planned road networks.
Over shop housing — Residential units in upper stories of commercial and office structures. Over
shop housing shall not count towards the required density of any development but shall count
towards any minimum FAR.
Traditional Neighborhood — A compact, mixed-use neighborhood where residential, commercial
and civic buildings are within close proximity to each other.
Urban Center — Areas larger than neighborhood villages and are envisioned to be a more
intensive, walkable urban area with a larger commercial core, higher densities, and be designed
around some form of public space or focal point. Urban Center should be located in close
proximity to major transportation infrastructure.
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