DRRC 06-26-08 Meeting AgendaMEMORANDUM
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
To: Development Review and Regulations Subcommittee
From: Candice E. Perkins, AICP, Senior Planner
Subject: June Meeting and Agenda
Date: June 18, 2008
The Frederick County Development Review and Regulations Subcommittee (DRRS) will be meeting
on Thursday, June 26, 2008 at 7:30 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) Request to amend the height restrictions in the B3 Zoning District.
2) Request to revise the outdoor storage screening requirements.
3) Interstate Overlay Signs. Discussion on revisions to the Frederick County Zoning
Ordinance to remove general merchandise and apparel stores (SIC 53 and 56) from the
qualifying uses.
4) Outdoor Lighting. Discussion of revisions to the Frederick County Zoning Ordinance to
implement outdoor lighting standards.
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. Therefore, it will be necessary to enter
the building through the rear door of thefour-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/bad
Attachments
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Item #I: Request to amend the height restrictions in the B3 Zoning District.
See Attached Letter
Item #2: Request to revise the outdoor storage screening requirements.
See Attached Letter
2
WALSH COLUCCI
LUBELEY EMRICH
& WALSH PC
John H. Foote
(703) 680-4664 Ext. 114
j foote(2pw. thelandl awyers. com
Fax: (703) 680-2161
May 21, 2008
Via E-mail and First Class Mail
Eric R. Lawrence
Planning Director
Frederick County
1 n7 � T,,,'0 I -n j. c',.
, 1 ,—_;. is..,ilt - �cr et
Winchester, VA 22601
Re: Proposed B3 Text Amendment Request
Dear Eric:
On behalf of our client, BPG Properties, Ltd., we request that Frederick County initiate
an ordinance amending Zoning Ordinance § 165-83.A. to provide for a maximum permitted
height of 45 feet in the B-3 Zoning District. As the County's Industrial Transition District, it is
appropriate for the maximum permitted height to fall between the permitted height in B-2 of 35
feet and the permitted height of 60 feet in M-1 to accommodate the types of uses and end-users
contemplated by the B-3 district regulations.
Frederick County is relatively unique in its inclusion of such a transitional zoning
category, but a review of some other Virginia jurisdictions reveals that a 35 foot maximum
height is comparatively low for similar commercial and industrial districts. In nearby Warren
County, the maximum permitted height in the Industrial Zones is 50 feet, and in all other zones
40 feet. Warren County Zoning Ordinance § 183-13. Fauquier County permits maximum
building heights as follows in its corresponding commercial and industrial districts: 65 feet in the
i'imeril.ul - illbll`(C-2).•�uy �-2) District", l.l , vtvii in file 1.17.1Itriler%tal +)pplllg Center,
Community/Regional (C-3) District", 45 feet in the "Industrial Park (1-1) District", and 45 feet in
the "Industrial General (I-2) District". Fauquier County Zoning Ordinance § 3-300.
Thank you for your consideration of this request, and please inform us when this matter is
scheduled for a Development Review and Regulations Subcommittee committee meeting.
MAY2 2 'M PHONE 703 680 4664 1 FAX 703 68o 6067 1 WWW.THEI.ANDI,AWYERS.com
4310 PRINCE WILLIAM PARKWAY, SUITE 300 1 PRINCE WILLIAM, VA 22192
ARLINGTON OFFICE 703 528 4700 1 LOUDOUN OFFICE 703 737 3633
ATTORNEYS AT LAW
Mr. Eric Lawrence
May 21, 2008
Page 2 of 2
Sincerely yours,
WALSH, COLUCCI, LUBELEY,
EMRICH & WALSH, P.C.
John H. Foote
JHF/jhf
cc: Daniel P. DiLella
John Knott
Michael Coughlin
Robert Mitchell
Kevin W Kenney
292 Thwaite Lane
Winchester, VA 22603
June 2, 2008
Candice Perkins, Senior Planner
Frederick County Planning and Development
107 N Kent Street
Suite 202
Winchester, VA 22601
Dear Candice,
I've recently been contacted to submit this change to 165.33 line D to change the
wording pertaining to exempt items from screening. The amended wording would be as
follows:
Any items that are manufactured and produced within Frederick County that needs
outside storage due to size and bulk that can be shrink wrapped and covered with opaque
material as to prevent visual identification of property.
I believe that Chuck Dehaven and Gary Dove have had some discussions regarding this
issue. Can we bring this up for discussion at our next DRRS meeting or as soon as your
schedule permits? Contact me with any questions.
Thank you,
Kevin Kenney
JUN 3 2008
Item #3: Interstate Overlay Signs
Currently, Frederick County allows property owners to erect large signs along highways if they are
within the Interstate Overlay (IA) District. Intestate overlay signs range in size from 300sf to 500sf
depending on the number of users, and the height is determined by the interchange where the sign is
located. The intent and purpose of interstate overlay signs is to inform the traveling public as to the
location of hotels, gasoline stations and restaurants. Currently, the IA Overlay also allows for
general merchandise and apparel stores (SIC 53 and 56) to be located on the signs as well. Uses such
as merchandise and apparel stores are a destination business, whereas restaurants, hotels and gasoline
stations would attract interstate motorists passing through the community. Staff is proposing to
revise the Interstate Overlay District regulations to remove general merchandise and apparel stores
from the qualifying uses.
If the DRRS is supportive of this ordinance amendment, staff will forward it to the Planning
Commission and Board of Supervisors for their consideration.
Attachments: 1. Existing Ordinance with proposed deletions shown in blackline and additions
shown in bold italics.
3
ARTICLE XVII
IA Interstate Area Overlay District
[Added 5-10-1995; amended 8-13-19971
§ 165-127. Intent.
The IA Interstate Area Overlay District is intended to provide commercial businesses
within an identified area the ability to utilize business signs that are in excess of the limits
specified in § 165-30 of this chapter. This flexibility is provided to inform the traveling public of
business service opportunities at specific interstate interchange areas. The standards within
this article are designed to allow for additional visibility for commercial businesses while
minimizing negative impacts to view sheds, the traveling public and residential properties that
are adjacent to or within the proximity of the overlay district. Established boundaries are based
on reasonable sight distances and policies set forth in the Comprehensive Plan and are
intended to designate each interstate interchange area and provide guidance for considering
the addition of subsequent properties.
§ 165-128. District boundaries.
Properties that are included within the Interstate Area Overlay District shall be
delineated on the Official Zoning Map for Frederick County. This map shall be maintained and
updated by the Frederick County Department of Planning and Development.
§ 165-129. Establishment of district.
A. The Frederick County Board of Supervisors may apply the Interstate Area Overlay District to
properties within the proximity of interstate interchange areas upon concluding that:
(1) The property is in conformance with the idealized interchange development
pattern recommendation of the Frederick County Comprehensive Plan.
(2) The placement of a sign meeting the requirements of this section will not have
an adverse impact on adjoining properties whose primary use is residential.
(3) The property has met the requirements of Article II of this chapter, as well as the
requirements of § 15.2-2286 of the Code of Virginia 1950, as amended.
[Amended 11-12-20031
B. The Interstate Area Overlay District shall be in addition to and shall overlay all other
zoning districts where it is applied so that any parcel of land within the Interstate Area
Overlay District shall also be within one or more zoning districts as specified within this
chapter. The effect shall be the creation of regulations and requirements of both the
underlying zoning district(s) and the Interstate Area Overlay District.
§ 165-130. Qualifying criteria.
A. On property that is delineated on the Official Zoning Map as being part of the
Interstate Area Overlay District, the following uses shall be authorized to erect a
commercial business sign that complies with the requirements of § 165-131 of this article.
Such commercial business signs complying with the requirements of § 165-131 of this
article shall hereinafter be referred to as interstate overlay signs.
Standard Industrial
Classification
Qualifying Uses (SIC)
GeneFal FneFEhandise and apparel stsFes 53 and 566
Automotive dealers and gasoline service stations 55
Eating and drinking establishments 58
Hotel and lodging establishments 70
B. Qualifying uses specified under § 165-130A that are authorized on property through the
issuance of a conditional use permit in the RA Rural Areas District may be entitled to
erect an interstate overlay sign that is of a greater height and size than is permitted in
the underlying zoning district, provided that the property has met the requirements of
Article III of this chapter, the business sign complies with the requirements of § 165-131
of this article and the qualifying use is located on property that is delineated on the
Official Zoning Map as being part of the Interstate Area Overlay District.
§ 165-131. District regulations.
A. Permitted signs. Permitted signs shall be as follows:
(1) Interstate overlay signs.
(2) Signs permitted in the underlying zoning district(s).
B. Prohibited signs. Prohibited signs shall be as follows:
(1) Off -premise business signs.
(2) Signs prohibited in the underlying zoning district(s).
C. Number of freestanding commercial business signs. On any parcel within the Interstate
Area Overlay District, one interstate overlay sign that complies with the requirements
set forth in this article may be erected.
D. Setback requirements.
(1) All portions of an interstate overlay sign shall bed set back a minimum of 10 feet
from any lot line or property boundary line and shall meet all other applicable
setback requirements.
(2) When any interstate overlay sign exceeds the height requirement of the
underlying zoning district(s) and is located on property that adjoins or is across a
right-of-way from property that is in the RP Residential Pence District, the
HE Higher Education District or any property which has a residence as its primary
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use, the setback shall be the normal setback plus one foot for every foot over the
maximum height of the underlying zoning district(s).
(3) The Planning Commission may waive any portion of the setback described in §
165-131D(2) if it can be demonstrated that the setback requirement cannot be
met due to the irregular size or shape of the parcel.
Spacing requirements. The spacing requirements between an interstate overlay sign
and signs in the underlying zoning district(s) shall comply with the requirements in §
165-30F of this chapter and shall meet all other applicable spacing requirements.
Maximum size.
(1) No interstate overlay sign shall exceed a total of 300 square feet in area.
(2) When more than one qualifying use is located on a single parcel within the
Interstate Area Overlay District, a single support structure may be erected which
contains one or more signs, the total combined square footage of which shall not
exceed 500 square feet in area.
Illumination. Neither the direct nor reflected light from any illuminated interstate
overlay sign shall create an increase in the ambient footcandle at the property line,
create glare into or upon other structures or create glare onto a public thoroughfare so
as to create a traffic hazard for operators of motor vehicles.
Maintenance and permits.
(1) All signs that are erected in the Interstate Area Overlay District shall meet the
maintenance and permit requirements as specified in
§165-30K and § 165-30L of this chapter.
(2) If required, appropriate easements shall be secured by a property owner that
desires to erect an interstate overlay sign prior to the issuance of a sign permit in
order to ensure that required maintenance can be performed.
Permitted heights.
(1) All interstate overlay signs shall be located a minimum of 25 feet in height above
the base of the sign support structure.
(2) The maximum height for interstate overlay signs shall be determined by the
nearest interstate exit number and shall be based on an elevation above mean
sea level as set below:
Maximum Business
Sign Height
Exit Number
(feet above mean sea level)
302
(Middletown and Rt. 11 South)
760
307
(Stephens City and Rt. 277)
800
310
(Kernstown and Rt. 37)
805
313
(Rt. 50/17 and Rt. 522)
805
315
(Rt. 7 and Berryville Avenue)
750
317
(Rt. 11 North and Rt. 37)
815
321
(Clearbrook and Rt. 11 North)
700
323
(Whitehall and Rt. 11 North)
710
Item #4: Outdoor Lighting
Currently, the Frederick County Zoning Ordinance does not contain any standards for outdoor
lighting. The only requirement currently is that lighting doesn't create a nuisance due to glare. The
Nuisance (§165-35) element of the ordinance states that "outdoor lighting shall be arranged to deflect
glare away from adjoining properties and public streets. Sources of lighting on a lot shall be hooded
or controlled to prevent glare beyond the lot line". While this nuisance ordinance may have been
sufficient in the past, with the rate of development the County has seen, this vague ordinance is not
adequate. Therefore, staff has created draft lighting standards for discussion at the June DRRS
meeting. The draft standards include elements that will apply to all outdoor lighting as well as
portions that apply to nonresidential uses (commercial/industrial, etc.), as well as multifamily uses.
New definitions that correspond to the lighting standards are included as well.
If the MRS is supportive of this ordinance amendment, staff will forward it to the Planning
Commission and Board of Supervisors for their consideration.
Attachments: 1. Draft lighting ordinance.
.19
Outdoor Lighting Standards.
The purpose and intent is to establish outdoor lighting standards that reduce the impacts of glare, light
trespass and overlighting; promote safety and security; and encourage energy conservation.
A. Application and General Provisions.
1. Except as provided in Sect. 165-? (Exemptions) below, these standards shall apply to the
installation of new outdoor lighting fixtures or the replacement of existing fixtures.
Replacement of a fixture shall mean a change of fixture type or change to the mounting
height or location of the fixture. Routine lighting fixture maintenance, such as changing
lamps or light bulbs, ballast, starter, photo control, housing, lenses and other similar
components, shall not constitute replacement and shall be permitted provided such
changes do not result in a higher lumen output.
B. 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
roadways. Parking lot fixtures and light fixtures on buildings shall be full cut-off fixtures.
2. Flashing, revolving, or intermittent exterior lighting visible from any property line or
street shall be prohibited. High intensity beams, such as, but not limited to, outdoor
searchlights, lasers or strobe lights shall be prohibited.
3. In parking lots, light fixture poles shall not be more than thirty (30) feet in height.
4. Except for internally illuminated signs, the use of lighting fixtures, which are enclosed in
clear or translucent white, off-white or yellow casing, shall not be permitted on the
roofs of buildings or on the sides of canopies.
5. All lighting shall be oriented not to direct glare or excessive illumination onto streets in a
manner that may distract or interfere with the vision of drivers on such streets.
C. Outdoor Lighting Standards for Nonresidential Uses.
1. The average maintained lighting levels for nonresidential uses shall not exceed the following
standards:
a) Five (5) foot-candles for parking lot and other areas.
b) Ten (10) foot-candles along fronts of buildings and along main drive aisles.
c) Thirty (30) foot-candles for high security areas, such as, but not limited to teller
machines (ATM's), motor vehicle display areas and vehicle fuel station canopies, but
not including parking lots.
2. Light fixtures under any canopy shall consist of full cut-off lighting fixtures where the light
source is either completely flush or recessed within the underside of the canopy. The
portions of the canopy not included in the sign area shall not be illuminated.
3. Lighting levels shall not exceed 0.5 foot-candles at any common property line with property
zoned, used as or planned for residential or agricultural uses. In addition all light poles shall
be equipped with supplemental opaque shielding on the residential property side of the
lighting fixture to reduce glare caused by direct light source exposure.
4. Lighting levels shall not exceed 5.0 foot-candles at any common property line with property
zoned, used as or planned for commercial or industrial uses.
5. Lighting levels shall not exceed 5.0 foot-candles at any edge of a property line adjacent to a
street or road right-of-way.
6. Property owners shall demonstrate compliance with the standards contained within this
section by submitting a current photometric plan (less than 30 days old) that has been
certified by the National Council on Qualifications for the Lighting Professions (NCQLP), or a
State licensed professional engineer, architect, landscape architect or land surveyor.
D. Outdoor Lighting Standards for Multifamily Uses.
I. The average maintained lighting levels for multifamily units shall not exceed the following:
a) 0.5 foot-candles at property line boundaries.
b) Ten (10) foot-candles at buildings, parking lots and other areas. The maximum to
average ratio shall not exceed 2.5 to 1.
c) Property owners shall demonstrate compliance with the standards contained within
this section by submitting a current photometric plan (less than 30 days old) that
has been certified by the National Council on Qualifications for the Lighting
Professions (NCQLP), or a State licensed professional engineer, architect, landscape
architect or land surveyor.
E. Exemptions from Lighting Ordinance.
1. Lighting fixtures and standards required
Federal Aviation Administration, Federal
by the Federal Communications Commission,
and State Occupational Safety and Health
Administrations, or other federal, state or county agencies, to include street lights within
the public right-of-way.
2_ Outdoor lighting fixtures required by law enforcement, fire and rescue, the Virginia
Department of Transportation or other emergency response agencies to perform
emergency or constriction repair work, or to perform nighttime road construction on major
thoroughfares.
3. Security lighting controlled and activated by motion sensor devices for a duration of 5
minutes or less.
ARTICLE XXII
Definitions
§165-156. Definitions and word usage. [Amended 11-13-1991]
Foot-Candle—A measure of light falling on a surface. One (1) foot-candle is equal to the amount of light
generated by one (1) candle shining on one (1) square foot surface located one (1) foot away. Foot-
candle measurements shall be made with a photometric light meter with a specified horizontal
orientation.
Lighting fixture full cut-off - A lighting fixture from which zero (0) percent of its light output is emitted
at or above ninety (90) degrees from horizontal (a horizontal plane drawn through the bottom of the
light fixture) and no more than ten (10) percent above eighty (80) degrees from the horizontal.
Light fixture, recessed canoe — An outdoor lighting fixture recessed into a canopy ceiling so that the
light source is either completely flush or recessed within the underside of the canopy
Lumen- A quantitative unit measuring the amount of light emitted from a light source.
Outdoor Lighting Standards
Outdoor lighting fixtures lawfully existing prior to June 17, 2003, that
do not conform to these standards, are deemed to be a lawful noncon-
forming use and may remain. A nonconforming lighting fixture that is
changed to or replaced by a conforming lighting fixture is no longer
nonconforming and is subject to these outdoor lighting standards.
GENERAL PROVISIONS
• Full Cut -Off Lighting Fixtures - Full cut-off lighting fixtures are
required for all outdoor walkway, parking lot, canopy and build-
ing/wall mounted lighting, and all lighting fixtures located within
those portions of open -sided parking structures that are above
ground. An open -sided parking structure is a parking structure
which contains exterior walls that are not fully enclosed between
the floor and ceiling. Full cut-off lighting fixtures are shown in
Figure 1,
FIG. 1, EXAMPLES OF FULL CUT-OFF LIGHTING FIXTURES
Roof and Canopy Lighting - Outdoor lighting fixtures that are
enclosed in clear, white, off-white or yellow casing are not allowed
on the roofs of buildings or on the sides of canopies. Internally illu-
minated signs are an exception to this rule and are discussed on the
following page.
3
A Guide to Fairfax County's
FIG. 4, SETBACK OR SHIELDING REQUIREMENT
I
I
f
I
I
i H
I
I
I
Residential Lot
IOutdoor lighting fixtures are allowed with
Vertical extension of no additional "house -side shielding" in
lot line boundary in accordance with the following formula:
HEI&HTs 3-+(D/3),
where D = Distance in feet from light source
I ; to nearest residential lot line (extended
vertically).
I 1 Additional "house -side shielding' shall be
"house -side shielding" added in all cases where height > 3 + ([)/3)-
0 Parking Lot Lighting Curfews - On all nonresidentially developed
lots which contain a minimum of 4 parking lot light poles, parking
lot lighting levels for ground surface parking lots and the top levels
of parking decks or structures must be reduced by at least 50% of
full operational levels within 30 minutes after the close of business.
Lighting levels may be reduced by turning off 50% of the parking
lot lights or by dimming parking lot lighting levels to no more than
50% of the levels used during business or activity hours within 30
minutes of the close of business, or by some combination thereof.
Given that a certain minimum lighting level is recommended for
safety and security purposes, this provision does not require park-
ing lot lighting levels to be reduced to less than 0.2 footcandles as
measured horizontally at the surface on which the light pole is
mounted. (See FOOTCANDLE definition on Page 14)
A