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DRRC 02-22-07 Meeting AgendaMEMORANDUM COUNTY of FREDERICK Department of Planning and Development To: Development Review and Regulations Subcommittee From: Susan K. Eddy, Senior Planner Subject: February Meeting and Agenda Date: February 15, 2007 540/665-5651 FAX: 540/665-6395 The Frederick County Development Review and Regulations Subcommittee (DRRS) will be meeting on Thursday, February 22, 2007 at 7:30 p.m. in the BOARD ROOM of the County Administration Building, 107 North Kent Street, Winchester, Virginia. The DRRS will discuss the following agenda items: AGENDA 1) Discussion of Section 165-58 (RP Residential Performance District) of the Frederick County Zoning Ordinance. Staff has received a request from Patton Harris Rust & Associates to add age -restricted multi -family housing to this section of the Frederick County Code. Staff is seeking input from the DRRS on this amendment. (See attachments) 2) Other Access to this building is limited during the evening hours. Therefore, 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. SKE/bad Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Item #1: Section 165-58 RP Residential Performance District This is a request (see attached) to amend Section 165-58 (RP Residential Performance District) (also attached) of the Frederick County Zoning Ordinance to allow a new housing type - proffered age - restricted multi family housing. The applicant's request is based on a desire to provide elevators in age -restricted units. The applicant believes that elevators are not cost-effective in our current garden apartment housing type (§165-65L) given that the height limit is 40 feet and given that only 16 dwelling units are allowed per building. Please note that these residences would be for the active elderly, this is not a care facility. The applicant is seeking a new housing type to be added to the RP District. The applicant's request as written would apply only to proffered age -restricted developments. At the present time there are only seven developments to which this could apply — Snowden Bridge (part), Orrick Commons, Crosspointe (part), Cedar Meadows, Harvest Ridge, Westbury Commons and Westminster Canterbury. As evident in the attached text, the applicant based the new housing type somewhat on the existing garden apartment housing type (§ 165-65L). Differences from that section include: a higher density (20 units to the acre), a minimum number of dwelling units per building (60) and higher maximum number of dwelling units per building (110), fewer required parking spaces, a higher maximum building height (60 feet), a reduced (5 feet) setback from parking areas or driveways, and a requirement for an elevator. Other changes to the RP District ordinance proposed by the applicant include: • Permitted Uses (§165-59B(1)) — add the new housing type; • Multifamily Housing (§165-62.1) — allow more than 60% multi -family housing types on development that are less than 25 acres, allow 60% multi -family housing types on developments that are more than 25 acres and less than 50 acres, and allow 50% multifamily housing types on development that are over 50 acres. • Gross Density (§165-62B) - allow a density of 20 unit per acre for sites 10 acres or less. Bullet point two above has implications for other development in the RP District and needs to be carefully evaluated. Bullet point three relates only to this new housing type because all other housing types have their own density caps. Should the DRRS recommend approval, staff would advise changes to other parts of the ordinance (see attached) to insure consistency. These include § 165-37C(2) (as certain buffers are only required with multiplexes and garden apartments) and § 144-24C(2) (allowance of private streets). In reviewing this application, staff is suggesting that the DRRS also consider an alternate approach. Rather than introducing a new housing type, it may be worth considering these age -restricted higher 2 density buildings with a conditional use permit (CUP). (This is not the approach sought by the applicant.) A CUP process would enable any RP zoned property to be put forth for consideration, rather than just those rezoned with a proffer for age -restricted units. Performance standards (see below) could be included so that these units could be sited with appropriate features in appropriate locations. As with all CUPs, approval by the Board of Supervisors would be required after public hearings at the PC and Board. In this scenario, § 165-60 (Conditional Uses in the RP District) would need to be amended to add age -restricted multi -family housing. New section § 165-48.11 Multifamily Age -Restricted Housing • The standards proposed by the applicant could be included here. • Staff would recommend buffer, screening and road standards. • Staff also recommends that the DRRS consider standards for location, such as within neighborhood or urban centers as defined in the Comp Plan. • Staff further recommends that the DRRS consider a requirement for a community center room within the structure. The CUP approach would require modifications to other sections of the ordinance including: • Multifamily Housing (§165-62.1) — allow more than 60% multi -family housing types on development that are less than 25 acres, allow 60% multi -family housing types on developments that are more than 25 acres and less than 50 acres, and allow 50% multifamily housing types on development that are over 50 acres. • Gross Density (§ 165-62B) - allow a density of 20 unit per acre for sites 10 acres or less. A third alternative would be to allow this use by -right in the yet to be written zoning district for the urban centers and neighborhood centers, as promoted in the UDA study Staff would also like to take the opportunity to suggest a change to the definition of age -restricted community, which requires such development to be at least 250 acres in size and zoned R5 (Residential Recreational Community) District. The size and zoning district requirements are currently not being practiced in the County. The current definition is included below: AGE -RESTRICTED COMMUNITY — A designated area of at least 250 acres in size within a residential recreational community development which is intended to be absent of school age children and which ensures, through covenants, management regulations or other similar legal instruments, enforceable by a homeowners' association or other private entity, that at least one of the residents of at least 80% of the units is 55 years of age of older. [Added 8-9-20001 Regardless of the course of action chosen by the DRRS on this application, staff recommends that the DRRS re-examine adult -care residences and assisted living care facilities in the RP District. They are allowed both by right in § 165-59B(12) and with a CUP in § 165-60A. Obviously it needs to be one or the other. In the past, staff has requested a CUP for such uses. Patton Harris Rust & Associates Engineers. Surveyors, Planners. Landscape Architects. PHRA CORPORATE Chantilly VIRGINIA OFFICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beach Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood PENNSYLVANIA OFFICE Allentown WEST VIRGINIA OFFICE: Martinsburg T 54M67.2 139 F 540.665.0493 1 17 East Piccadilly Street Suite 200 Winchester, VA 22601 F E s 1 4 2007 February 44, 2007 Susan 1?ddy Senior Planner Frederick County, Virginia 107 North Dent Street Winchester, Virginia 22601 RE: Age -Restricted Multifamily Housing Text Amendment Dear Susan: I have attached draft language for a text amendment to the Frederick County Zoning Ordinance that would allow for the construction of age -restricted multifamily housing. As you know, the Zoning Ordinance does not currently allow more than 16 units within a single building. To be cost effective, access to this style of multifamily housing is typically provided by a center stairwell since elevators for such a limited number of units is not cost effective. My client, Orchard Development, has asked PHR+A to seek this text amendment to allow for the construction of an apartment building that is more fitting to the needs of elderly residents in an effort to provide more housing opportunities for Frederick County's older population. The proposal would provide several changes to the Zoning Ordinance in its current form including: • The addition of Age -Restricted Multifamily Housing as a permitted use in the RP (Residential Performance) Zoning District. • 60' maximum height for Age Restricted Multifamily Housing. • Requirement for elevator service. • Increased perimeter setbacks of 100 feet. • A maximum of 110 units within an Age Restricted Multifamily structure. • Addition of parking standards for Age Restricted Multifamily Housing that are more indicative of the use associated with the age restricted designation. I look forward to presenting this to you and members of the Development Review and Regulations Subcommittee. Please feel free to contact me with any questions or comments you may have. Sincerely, Patton Harris Rust & Associates s Patrick R. Sowers (2) Dimensional requirements shall be as follows: Number of Bedrooms Efficiency 1 2 3 plus Minimum Lot Area per Dwelling Unit (square feet) 1,300 1,700 2,000 2,550 Off -Street Parking Spaces 1.00 1.00 1.25 1.50 (3) Maximum site impervious surface ratio (on lot) shall be 0.50. (4) Minimum lot size shall be 3 acres. (5) Minimum yards shall be as follows: (a) Front setback: [ 1] Thirty-five feet from road right of way. [2] Five feet from parking area or driveway. (b) Side: 100 feet from perimeter boundary. (c) Rear: 100 feet from perimeter boundary. (6) Minimum on-site building spacing shall be 50 feet. (7) Maximum number of dwelling units per building shall be 110. (8) Maximum building height shall be as follows: (a) Principle building: 60 feet (b) Accessory buildings: 15 feet (9) Age restricted multi -family housing shall only be permitted within proffered age restricted developments. (10) Elevator service shall be provided to each floor of age restricted multifamily housing structures for use by residents. PROPOSED TEXT AMENDMENT - AGE RESTRICTED MULTIFAMILY HOUSING 165-59 Permitted Uses B. Structures are to be erected or land used for one or more of the following uses: (1) Any of the following residential structures: single-family detached traditional rural, single-family detached traditional, single-family detached urban, single-family detached cluster, single-family detached zero lot line, single-family small lot, duplex, multiplex, atrium house, weak -link townhouse, townhouse, garden apartment, or age restricted multifamily housing. 165-62. Gross Density B. In no case shall the gross density of any development within an approved master development plan exceed 20 dwellings per acre. 165-62.1 Multifamily Housing A. Developments that are less than 25 acres in sizc may include more than 60% multifamily housing types. B. Developments that are more than 25 acres and less than 50 acres in size shall be permitted to contain up to 60% multifamily housing types. C. Developments that are over 50 acres in size shall be permitted to contain up to 50% multifamily housing types. 165-65 Dimensional Requirements The following dimensional requirements shall be met by uses in the RP Residential Performance District. The Administrator shall make the final determination as to the classification of housing types. Unless otherwise specified, all housing types shall be served by public sewer and water. Q. Age Restricted Multifamily Housing. "Age Restricted Multifamily Housing" is multifamily buildings that share a common outside access. They also share a common lot area, which is the sum of the required lot areas of all dwelling units within the building. Age restricted multifamily housing shall contain 60 or more dwellings in a single structure. (1) Maximum gross density shall be 20 units per acre. § 165-58 ZONING § 165-58 ARTICLE VI RP Residential Performance District § 165-58. Intent. A. This Article is intended to implement the residential land use policies of the Comprehensive Plan dealing with urban lands. The plan identifies four (4) basic land use characteristics which are to be encouraged: (1) Efficient land use patterns. (2) Reduced housing and public facility costs. (3) Energy efficient housing and housing patterns. (4) Environmentally sensitive land use. (Cont'd on page 16579) 16578.1 10-25-93 § 165-58 ZONING § 165-58 ' Mthin this article, a number of general performance requirements are Identified. When a housing development has satisfied these requirements, this article is intended to provide a large degree of flexibility in development and housing design. This design process is accomplished through a master development plan which is designed in cooperation with the county staff and Planning Commission and adopted by the Board of Supervisors. The layout, phasing, density and intensity of development is determined through the adoption of the master plan by the Planning Commission and the Board of Supervisors. C. It is the intent of this article to allow a mixture of housing types on the land within an approved master development plan. Within this article; the permitted multifamily development percentages and densities are identified. Multifamily housing types are allowed only when they adjoin similar uses or are properly separated from different uses. The preliminary master development plan shall specify the amount and percentages of all proposed housing types. The preliminary master development plan requires specific approval of the Planning Commission and the Board of Supervisors. [Amended 5-11-19941 D. While a mixture of housing types is allowed on a site, the intent is to use the master development plan and the other Article regulations to place the different housing types on the site in a way that will protect the living environment of the new residents and the existing surrounding neighborhood. It is the intention of this article to clearly separate existing developments from new developments with different housing types. This Article attempts to encourage the provision of some amenities through density bonuses which are intended to enhance the development without increasing housing costs. E. Streets shall be provided in new developments to continue existing and planned street patterns and in conformance with the Comprehensive Plan, county thoroughfare plan and road improvement plans where appropriate. Adverse impacts on existing developments shall be minimized; and, where possible, the use, as through streets for new development, of existing streets which serve limited residential areas shall be avoided. Streets and rights-of-way in proposed developments, intended to be developed in the future, 16579 12-15-99 § 165-58 1FREDERICK COUNTY CODE § 165-59 shall be clearly designated to take into account future development as indicated in the Comprehensive Plan. F. In those sections of this article where discretion is given to the Administrator or Commission, that discretion shall be exercised with this statement of intent as the primary guide for action. § 165-59. Permitted uses. A. All uses shall be developed in accordance with an approved master development plan unless otherwise waived under Article V of this chapter. B. Structures are to be erected or land used for one or more of the following uses: (1) Any of the following residential structures: single-family detached traditional rural, single-family detached traditional, single-family detached urban, single-family detached cluster, single-family detached zero lot line, single-family small lot, duplex, multiplex, atrium house, weak -link townhouse, townhouse or garden apartment. [Amended 10-27-19991 (2) Schools and churches. (3) Fire stations and companies and rescue squads. (4) Group homes. (5) Home occupations. (6) Utilities necessary to serve residential uses, including poles, lines, distribution transformers, pipes and meters. (7) Accessory uses and structures. Accessory structures attached to the main structure shall be considered part of the main structure. Mobile homes and trailers, as defined, shall not be considered as accessory structures or buildings. (8) Required or bonus recreational facilities and public parks, playgrounds and recreational facilities. 16580 12-15-99 § 165-59 ZONING § 165-59 (9) Business signs to advertise the sale or rent of the premises upon which they are erected, church bulletin boards and identification signs, signs for nonprofit service clubs and charitable associations (off-site signs not to exceed eight square feet) and directional signs. (Cont'd on page 16581) 16580.1 12-15-99 § 165-59 ZONING § 165-61 (10) Temporary model homes used for sale of properties in a residential development. (11) Libraries. [Added 6-8-19941 (12) Adult -care residences and assisted -living care facilities. [Added 8-24-2004] § 165-60. Conditional uses. Uses permitted with a conditional use permit shall be as follows: A. Convalescent and nursing homes and adult care residences and assisted living care facilities. [Amended 2-26-1997] B. Cottage occupations, as defined. C. Nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities, with an approved site plan, meeting the requirements of this chapter and with the following conditions: (1) All principal activities shall take place entirely within an enclosed structure. (2) All outdoor facilities shall be incidental to the principal facility or activity. (3) No facility or activity shall be erected or conducted less than 30 feet from any residential district or area within other districts which are predominantly residential in nature. D. Day-care facilities. E. Rooming houses, boardinghouses and tourist homes. F. Veterinary offices, veterinary clinics or veterinary hospitals, excluding boarding of animals for nonmedical purposes. [Added 5-24-1995] § 165-61. Number of uses restricted. More than one principal structure or use and its customary accessory structures or uses are permitted in the RP Residential Performance District for duplexes, multiplexes, atrium houses, weak -link townhouses and garden apartments. 16581 12-15-2004 § 165-62 FREDERICK COUNTY CODE § 165-63 § 165-62. Gross density. [Amended 5-11-1994] A gross density shall be established for each proposed development, including all land contained within a single master development plan, according to the characteristics of the land, the capacity of public facilities and roads and the nature of surrounding uses. Because of these characteristics, some developments may not be allowed to employ the maximum density allowed by these regulations, The following density requirements shall apply to all parcels as they exist at the time of the adoption of this section: A. Subsequent divisions of land shall not increase the allowed density on parcels of land. B. In no case shall the gross density of any development within an approved master development plan exceed 10 dwellings per acre. C. In no case shall the gross density of any development within an approved master development plan which contains more than 10 acres and less than 100 acres exceed 5.5 dwellings per acre. D. In no case shall the gross density of any development within an approved master development plan which contains more than 100 acres exceed four dwellings per acre. § 165-62.1. Multifamily housing. [Added 5-11-1994] A. Developments that are less than 25 acres in size may include more than 50% multifamily housing types. B. Developments that are more than 25 acres and less than 50 acres in size shall be permitted to contain up to 50% multifamily housing types. C. Developments that are over 50 acres in size shall be permitted to contain up to 40% multifamily housing types. § 165-63. Open space requirements. A. [Amended 6-8-19941 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 16582 12-15-2004 § 165-63 ZONING § 165-63 Frederick County. Open space shall be dedicated to Frederick County only with the approval of the Board of Supervisors, The Planning Commission 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 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: Minimum Required Type of Open Space Development (percent) Developments containing only p single-family detached traditional or traditional rural housing (Cont'd on page 16583) 16582.1 12-15-2004 § 165-63 ZONING § 165-63 Minimum Required Type of Open Space Development (percent) Developments containing only 15% single-family detached urban housing Developments in which no less 15% than 60% of the dwellings are single-family detached traditional housing mixed with any other housing types Developments containing only 25% single-family detached cluster or a mixture of single-family detached cluster and urban housing Single-family small lot housing 30% [Added 10-27-1999] All other developments 30% B. No more than 50% of the required open space shall be within the following environmental areas: lakes and ponds, wetlands or steep slopes. The Administrator, upon recommendation by the Planning Commission, may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan to make these areas useful. 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. 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. D. The minimum required open space percentages provided in § 165-63A of this chapter may be reduced for residential developments which provide for active recreational areas and amenities, upon the granting 16583. 06-10-2005 § 165-63 FREDERICK COUNTY CODE § 165-64 of an open space waiver issued by the Board of Supervisors. In no case shall the required open space (per § 165-63A) 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 § 165-64. The gross density requirements as required in §§ 165-62 and 165-62.1' 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. [Added 4-26-2005] § 165-64. 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 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. [Amended 10-27-1999] 16584 06-10-2005 165-64 ZONING § 165-64 (1) The Board of Supervisors may provide a waiver for the community center requirement specified in § 165-64A 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. [Added 8-24-2005; amended 7-26-2006] B. 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 total development. An example recreational unit shall be as follows: (1) Tot -lot: Quantity Equipment 1 Slide (8 feet high, 16 feet long) 1 set Swings (10 feet high, 4 seats) 1 Climber (13 feet, geodesic) 2 Spring animals 1 Sandbox 1 Whirl (10 feet in diameter) (2) Or any equivalent recreational facilities including: (a) Swimming pools. (b) Tennis courts. (c) Half basketball courts. (d) Athletic fields. (e) Picnic shelters. (Cont'd on page 16585) 16584.1 09-15-2006 § 165-64 ZONING § 165-65 (f) Community center. [Added 10-27-199941 (g) Other recreational facilities. § 165-65. Dimensional requirements. The following dimensional requirements shall be met by uses in the RP Residential Performance District. The Administrator shall make the final determination as to the classification of housing types. Unless otherwise specified, all housing types shall be served by public sewer and water. A. Single-family detached rural traditional A "single-family detached rural traditional residence" shall be a single-family residence on an individual lot with private yards on all four sides, without public sewer and water. (1) Minimum lot size shall be 100,000 square feet (2) Minimum yards shall be as follows: (a) Setback from the road right-of-way: 60 feet. (b) Side yards: 15 feet. (c) Rear yard: 50 feet without public sewer and water. (3) Minimum lot width to maximum depth ratio shall be 1 to 3. (4) Minimum off-street parking shall be two spaces per unit. (5) Maximum building height shall be as follows: (a) Principle building: 35 feet. (b) Accessory buildings: 20 feet. B. Single-family detached traditional A "single-family detached traditional residence" shall be a large -lot single-family residence with private yards on all four sides without required common open space: (1) Minimum lot area shall be 15,000 square feet. (2) Minimum yards shall be as follows: (a) Setback from the road right-of-way: 35 feet. (b) Side yards: 10 feet. 4 Editor's Note: This ordinance also provided for the relettering of former Subsection B(2)(f) and Subsection B(2)(g). 16585 12-15-99 § 165-65 FREDERICK COUNTY CODE § 165-65 (c) Rear yard: 25 feet. (3) Minimum lot width at setback shall be 80 feet. (4) Minimum off-street parking shall be two spaces per unit. (5) Maximum building height shall be as follows: (a) Principle building: 35 feet. (b) Accessory buildings: 20 feet. C. Single-family detached urban. A "single-family detached urban residence" shall be a single-family residence on an individual lot with private yards on all four sides. (1) Minimum lot area shall be 12,000 square feet. (2) Minimum yards shall be as follows: (a) Setback from the road right-of-way: 35 feet. (b) Side yards: 1Of eet. (c) Rear yard: 25 feet. (3) Minimum lot width at setback shall be 70 feet. (4) Minimum lot width at road right-of-way shall be 40 feet. (5) Minimum off-street parking shall be two spaces per unit. (6) Maximum building height shall be as follows: (a) Principle building: 35 feet. (b) Accessory buildings: 20 feet. D. Single-family detached cluster. A "single-family detached cluster residence" shall be a single-family residence on an individual lot, with private yards on all four sides and some common open space within the development. (1) In a proposed cluster development, there shall be a minimum total area per dwelling unit of 10,000 square feet, not including land in required common open space and road rights-of-way. No individual lot shall be smaller than 8,000 square feet. For each lot that is less than 10,000 square feet by a given square footage, an equivalent square footage of land shall be added to the required common open space. 16586 12-15-99 § 165-65 ZONING § 165-65 (2) Minimum total area per dwelling unit shall be 10,000 square feet. (3) Minimum lot area shall be 8,000 square feet. (4) Minimum yards shall be as follows: (a) Setback from the road right-of-way: 35 feet. (b) Side yards: 10 feet. (c) Rear yard: 25 feet. (5) Minimum lot width at setback shall be 60 feet. (6) Minimum lot width at the road right-of-way shall be 30 feet. (7) Minimum off-street parking shall be two per unit. (8) Maximum building height shall be as follows: (a) Principle building: 35 feet. (b) Accessory buildings: 20 feet. SINGLE-FAMILY _ DETACHED �- - Irr r = It III/ ! 1 X11 Ill trlr :_ E. [Amended 2-26-19971 Single-family detached zero lot line A "single-family detached zero lot line residence" shall be a single-family residence on an individual lot. The building is set on one of the side property lines, with a maintenance easement on the adjoining lot. (1) Minimum lot area shall be 6,000 square feet. 16587 12-15-99 § 165-65 FREDERICK COUNTY CODE § 165-65 (2) Maximum lot area shall be 7,000 square feet. (3) Maximum impervious surface ratio per lot shall be 0.40. (4) Minimum yards shall be as follows: (a) Setback from the road right-of-way: 25 feet. (b) Rear yard: 25 feet. (5) Minimum on-site building spacing shall be 25 feet. (6) Minimum off-street parking shall be two per unit. (7) Maximum building height shall be as follows: (a) Principle building: 35 feet. (b) Accessory buildings: 20 feet. ZERO LOT LINE (8) Supplemental regulations: (a) The opposite side yard must be maintained clear of any obstructions other than a three-foot eaves encroachment, swimming pools, normal landscaping, removable patio covers extending no more than five feet or garden walls or fences not to exceed nine feet in height. (b) The zero lot line side must not be adjacent to a road right-of- way. 16588 12-15-99 § 165-65 ZONING § 165-65 (c) A maintenance easement of eight to 10 feet in width must be obtained on the lot adjacent to the zero lot line side. F. [Amended 10-27-1999; 8-9-20001 Single-family small lot Single- family small lot housing shall be a single-family detached or attached residence on an individual lot. No more than two units may be attached together. The intent of this housing type is to provide an alternative to conventional single-family lots that can be tailored to the unique needs of specialized populations such as those of the older person. (1) Dimensional requirements shall be as follows: (a) Minimum lot size: 3,750 square feet. (b) Off-street parking spaces: 2. (c) Setback from state road: 25 feet. (d) Setback from private road: 20 feet. (e) Rear yard: 15 feet. (f) Side yard: Zero lot line option may be used with this housing type. If chosen, the minimum side yard shall be 10 feet for that yard opposite the zero lot line side. If not chosen, the minimum side yard shall be five feet. (g) When the attached option for the single-family small lot housing unit is chosen, the minimum building spacing requirement shall be 20 feet. (h) Supplementary setbacks: I11 With the single-family small lot housing type, decks may extend five feet into rear yard setback areas. [21 Where single-family small lot housing abuts open space, decks may extend up to 12 feet into rear yard setback areas. 131 Front porches, stoops and steps may extend eight feet into front yard setback areas. (2) A minimum of 20 landscape plantings shall be provided on each individual lot. At least 1/4 of the landscape plantings shall be trees, with the remainder being shrubs. The trees shall be a minimum 16589 9-25-2000 § 165-65 FREDERICK COUNTY CODE § 165-65 -)- of two inches in caliper at time of planting, and the shrubs shall be a minimum three -gallon container at time of planting. (3) Maximum building heights shall not exceed 35 feet in height. (4) Detached accessory buildings shall not be permitted. G. Duplex. A "duplex" is a single-family semidetached residence, having one dwelling unit from ground to roof and only one wall in common with another dwelling unit. The two dwelling units in a duplex building may or may not have individual outside access. (1) Dimensional requirements shall be as follows: Minimum Lot Average Lot Area per Area per Unit Unit Number of (square (square Off -Street Bedrooms feet) feet) Parking Spaces 1 4,500 5,000 2 2 5,000 5,500 2.25 3 plus 5,500 6,000 2.50 DUPLEX F�j - _,0'100 Amu (2) Minimum yards shall be as follows: (a) Setback from the road right-of-way: 25 feet 16590 9-25-2000 § 165-65 ZONING§ 165-65 (b) Side yard (one side only): 10 feet. (c) Rear yard: 25 feet. (3) Maximum building height shall be as follows: (a) Principle building: 35 feet. (b) Accessory buildings: 20 feet. H. Multiplex. A "multiplex" is an attached residence containing three to four dwelling units. Units may or may not have independent outside access. Units within multiplex structures may be arranged side to side, (Cont'd on page 16591) 16590.1 9-1-2000 § 165-65 ZONING § 165-65 back to back or vertically. The average number of dwelling units per structure shall be four or less. (1) Maximum gross density shall be eight units per acre. (2) Dimensional requirements shall be as follows: Minimum Lot Average Lot Area per Area per Unit Unit Number of (square (square Off -Street Bedrooms feet) feet) Parking Spaces Efficiency 1,200 1,500 2 1 2,000 2,200 2 2 2,700 2,900 2.25 3 plus 3,000 3,300 2.50 MULTIPLEX 111111 1(111111 `' I I1 I 1 IIII •' .; IIII II Illilll .i IIII (3) Maximum site impervious surface ratio shall be 0.50. (4) Minimum yards shall be as follows: (a) Setbacks shall be as follows: [11 Thirty-five feet from road right-of-way. 121 Twenty feet from parking areas or driveways. (b) Side shall be 15 feet from perimeter boundaries. (c) Rear shall be 25 feet from perimeter boundaries. 16591 12-15-99 § 165-65 FREDERICK COUNTY CODE § 165-65 (5) Minimum building spacing shall be 30 feet. (6) Maximum building height shall be as follows: (a) Principle building: 35 feet. (b) Accessory buildings: 20 feet. I. Atrium house. An "atrium house" is a single-family attached, one- story residence, with individual outside access to the dwelling unit. The lot shall be enclosed by a wall at least six feet high. This wall shall be constructed of similar or comparable materials as the house walls. A private yard, herein called "an atrium," shall be included on each lot. All living spaces, i.e., living rooms, den and bedrooms, shall open onto the atrium. No more than six individual dwelling units may be attached in any one building. (1) Maximum gross density shall be eight units per acre. (2) Dimensional requirements shall be as follows: Minimum Average Lot Area Lot Area per per Dwelling Dwelling Unit Unit Off -Street Minimum Number of (square (square Parking Lot Width Bedrooms feet) feet) Spaces (feet) 1 2,000 2,200 2 35 2 2,700 2,900 2.25 35 3 plus 3,000 3,300 2.50 40 16592 12-15-99 § 165-65 ZONING § 165-65 J ATRIUM HOUSE (3) Maximum impervious surface ratio per lot shall be 0.65. (4) Minimum atrium area ratio shall be 0.35. (5) Maximum building height shall be 35 feet. (6) Minimum atrium dimension shall be 15 feet. (7) Minimum yards shall be as follows: (a) Front setback: 25 feet from the road right-of-way. Detached garage units may be built in private parking areas or on individual lots with no setback as long as adequate access is maintained for traffic. (b) Side yards: 25 feet from perimeter boundaries. (c) Rear yard: 50 feet from perimeter boundaries. (8) Minimum building spacing shall be 25 feet. Weak -link townhouse. The "weak -link townhouse" is a single-family attached dwelling, having individual outside access, with one dwelling unit from ground to roof. Each dwelling shall consist of a one-story portion and a two-story portion, with the one-story portion occupying a required proportion of the minimum lot frontage. Rows of attached dwellings shall not exceed 10 units and shall average no more than eight dwelling units per structure. (1) Maximum gross density shall be eight units per acre. (2) Dimensional requirements shall be as follows: 16593 12-15-99 § 165-65 FREDERICK COUNTY CODE § 165-65 Minimum Average Off- Minimum Minimum Number Lot Area Lot Area Street Lot 1 -Story of (square (square Parking Width Width Bedrooms feet) feet) Spaces (feet) (feet) 1 1,800 2,000 2 26 9 2 2,400 2,600 2.25 28 10 3 plus 3,200 3,400 2.50 34 12 (3) Impervious surface ratio (on lot): (a) Without garage: 0.35. (b) With one -car garage: 0.45. (c) With two -car garage: 0.50. (4) Minimum yards shall be as follows: (a) Front setback: [1 ] Thirty-five feet from the road right-of-way. [2] Twenty feet from parking area or driveways. (b) Side: 30 feet from perimeter boundaries. (c) Rear: 50 feet from perimeter boundaries. (5) Minimum on-site building spacing: (a) Side: 30 feet. (b) Front or rear: 50 feet. (6) Maximum building height shall be as follows: (a) Principle: 35 feet. (b) Accessory: 20 feet. 16594 12-15-99 § 165-65 ZONING § 165-65 WEAK -LINK TOWNHOUSE K. Townhouse. The "townhouse" is a single-family attached dwelling with one dwelling unit from ground to roof, having individual outside access. Rows of attached dwellings shall not exceed 10 units and shall - average no more than eight dwellings per structure. (1) Maximum gross density shall be eight units per acre. (2) Dimensional requirements shall be as follows: Minimum Average Lot Area Lot Area Off -Street Minimum Number of (square (square Parking Lot Width Bedrooms feet) feet) Spaces (feet) 1 1,500 1,600 2.00- 18 2 1,700 1,800 2.25 18 3 plus 2,000 2,200 2.50 18 (3) Maximum site impervious surface ratio shall be 0.40. (4) Minimum yards shall be as follows: (a) Front setbacks: (1) Thirty-five feet from road right-of-way. 16595 12-15-99 § 165-65 FREDERICK COUNTY CODE § 165-65 [2] 'Twenty feet from parking area or driveway. (b) Side: 30 feet from perimeter boundary. (c) Rear: 50 feet from perimeter boundary. (5) Minimum on-site building spacing: (a) Side: 30 feet. (b) Front or rear: 50 feet. (6) Maximum building height shall be as follows: (a) Principle building: 35 feet. (b) Accessory buildings: 20 feet. i TOWNHOUSES L. Garden apartments. "Garden apartments" are 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. Garden apartments shall contain six or more dwellings in a single structure. Required open space shall not be included as minimum lot area. (1) Maximum gross density shall be 10 units per acre. (2) Dimensional requirements shall be as follows: 16596 12-15-99 § 165-65 ZONING § 165-65 Minimum Lot Area per Number of Dwelling Unit Off_Ctreeet Bedrooms (square feet) Parking Spaces Efficiency 1,300 1.50 1 1,700 2.00 2 2,000 2.25 3 plus 2,550 2.50 (3) Maximum site impervious surface ratio (on lot) shall be 0.50. (4) Minimum lot size shall be one acre. (5) GARDEN APARTMENTS Minimum yards shall be as follows: (a) Front setback: [1 ] Thirty-five feet from road right-of-way. [2] Twenty feet from parking area or driveway. (b) Side: 50 feet from perimeter boundary. 16597 04-25-2005 § 165-65 FREDERICK COUNTY CODE § 165-65 (c) Rear: 50 feet from perimeter boundary. (6) Minimum on-site building spacing shall be 50 feet. (7) Maximum number of dwelling units per building shall be 16. (8) Maximum building height shall be as follows: (a) Principle building: 40 feet. (b) Accessory buildings: 15 feet M. Setbacks for accessory structures. Accessory structures shall be set back from all property lines a minimum of five feet, except for uses with a required enclosed yard. N. Setbacks for other uses. The following setbacks shall apply to uses not otherwise specified: (1) Front setback shall be 35 feet. (2) Side setbacks shall be 15 feet. (3) Rear setback shall be 50 feet. O. Setbacks from business and industrial uses. All proposed structures shall be set back 50 feet from the boundary of land zoned for business or industrial uses or land currently containing business or industrial uses. P. Pipestem lots. The use of pipestem lots is permitted for single-family detached traditional, single-family detached urban and single-family detached cluster lot types, if all of the following design requirements are met: [Added 1-12-2005] (1) The total number of pipestem lots in a residential development may not exceed 5% of the total number of lots. (2) Pipestem lots shall have a minimum road frontage of 20 feet. (3) Pipestem lot driveways shall access only one lot. (4) Minimum yards shall be as follows: (a) Front, side and rear yards: 20 feet. (b) Accessory buildings: 20 feet. 16598 04-25-2005 § 165-65 ZONING § 165-66 (c) Side yard of lots adjoining pipestem driveway yard: 15 feet. (5) Pipestem lot driveways shall not adjoin other pipestem driveways. (6) Unless specified differently above, pipestem lots shall comply with all other regulations of the Frederick County Zoning and Subdivision Ordinances. § 165-66. Phased development. A. The developer/subdivider is permitted to construct the subdivision in phases or sections as long as: (1) All sections are indicated on the master development plan and are of a size and at such a location that they constitute economically sound increments of development. (2) Common recreational facilities and improvements and other improvements indicated for any phase section are required to be started when that section reaches fifty -percent occupancy and are required to be complete by the time that section reaches sixty -percent occupancy. (Cont'd on page 16599) 16598.1 04-25-2005 § 165-66 ZONING § 165-68 (3) Provisions shall be made to incorporate all phases or sections of the planned development under one homeowners' asJvviation% \^iorpVl4 tIVI 1. B. In order to provide sufficient, safe access, the Planning Commission and the Board of Supervisors may require that the phases be arranged so that essential street entrances to the development are provided in the initial phases of the development. ARTICLE VII R4 Residential Planned Community District § 165-67. Intent. The intention of the Residential Planned Community District is to provide for a mixture of housing types and uses within a carefully planned setting. All land to be contained within the Residential Planned Community District shall be included within an approved master development plan. The layout, phasing, density and intensity of development is determined through the adoption of the master development plan by the Planning Commission and Board of Supervisors. Special care is taken in the approval of the master development plan to ensure that the uses on the land are arranged to provide for compatibility of uses, to provide environmental protection and to avoid adverse impacts on surrounding properties and facilities. The district is intended to create new neighborhoods with an appropriate balance between residential, employment and service uses. Innovative design is encouraged. Special care is taken in the approval of R4 developments to ensure that necessary facilities, roads and improvements are available or provided to support the R4 development. Planned community developments shall only be approved in conformance with the policies in the Comprehensive Plan. § 165-68. Rezoning procedure. In order to have land rezoned to the R4 District, a master development plan, meeting all requirements of Article XVIII of this chapter, shall be submitted with the rezoning application. The rezoning shall be reviewed and approved following the rezoning procedures described by this chapter, including procedures for impact analysis and conditional zoning. In adopting the rezoning, the master development plan submitted will be accepted as a condition 16599 2-10-2004 § 165-37 ZONING§ 165-37 lLl development plan as single-family lots and the non -single- family structures. Perimeter apartment or rnultiplex separation buffers. (a) Wherever possible and practical, garden apartments and multiplex structures shall not be placed adjacent to other types of residential structures. If other types of residential structures must be placed adjacent to garden apartments or multiplex structures, the following buffers are required: Distance Buffer Required Inactive Active Screening (Minimum) (Maximum) Total Provided (feet) (feet) (feet) Full screen 75 25 100 Landscape screen 150 50 200 No screen 350 50 400 (b) Buffers shall be placed between the garden apartment or multiplex structures and the lot line of the lots containing the other housing types. (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. 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: (a) Buffer categories: 16561 10-25-2001 • J • 11 1 § 144-24 SUBDIVISION OF LAND § 144-24 dimensional requirements. Insofar as practical, side lot lines shall be at right angles to straight front lot lines or radial to curved front lot lines. 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 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. [Amended 10-27-19991 (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. (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 more than 500 feet from a state -maintained road, as measured from the public street along the access route. The Planning Commission may allow lots to be located as much as 800 feet from a state -maintained road in cases where enhanced circulation is provided with a driveway loop. 14431 04-30-2006