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DRRC 07-26-07 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM To: Development Review and Regulations Subcommittee From: Candice E. Perkins, AICP, Senior Planner Subject: July Meeting and Agenda Date: July 17, 2007 The Frederick County Development Review and Regulations Subcommittee (DRRS) will be meeting on Thursday, July 26, 2007 at 7:30 p.m. in the Board Room of the County Administration Building, 107 North hent Street, Winchester, Virginia. The DRRS will discuss the following agenda items: AGENDA 1) Detached Accessory Structures (Sheds) on Single Family Small Lots. Discussion of ordinance changes to allow detached accessory structures (sheds) to be placed on single family small lots. 2) Grocery/Food Stores in the B3 Zoning District. Discussion of ordinance changes to permit grocery or food stores within the B3 (Industrial Transition) Zoning District. 3) 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. :7L:IT:1 Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Item #1: Detached Accessory Structures (Sheds) on Single Family Small Lots Staff has recently had inquiries from members of the public regarding the permissibility of allowing detached accessory buildings to be permitted on lots that were created under the single-family small lot housing type. The Zoning Ordinance currently prohibits detached accessory structures on these lots. Within the RP (Residential Performance) Zoning District, the single family small lot is the only housing type that does not permit detached accessory structures. In regards to lot size, the minimum square footage for single family small lots is 3,750sf. This lot size is not the smallest permitted within the RP Zoning District; for example, townhouse lots may be as small as 1,500sf and would be permitted to have detached accessory structures. In considering this issue, the DRRS is asked to address multiple points. These include: • Should detached accessory structures be permitted with this housing type? • Due to the small nature of the lots, should there be a maximum square footage placed on detached structures? Staff has provided a copy of the ordinance as it exists currently in the Zoning Ordinance as well as an example of how the ordinance could be revised. The height of the detached accessory structure has been shown at 20 feet, which is the same as the permitted height for accessory structures in all other housing types permitted in the RP District. The size has been limited to 150sf, which would approximately allow up to a 10' x 15' structure. Setbacks for the detached structures would mirror the requirements for all detached structures in the RP Districts, which is five feet ofthe side and rear property lines. 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. 2. Existing Ordinance pertaining to side and rear setbacks. 3. Existing Ordinance with proposed deletions shown in blackline and additions shown in bold italics. 4. Proposed Ordinance (clean version). 2 F. 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. [Amended 10-27-1999; 8-9-20001 (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: [1] With the single-family small lot housing type, decks may extend five feet into rear yard setback areas. [2] Where single-family small lot housing abuts open space, decks may extend up to 12 feet into rear yard setback areas. [3] Front porches, stoops and steps may extend eight feet into front yard setback areas. [41 Detached accessory structures may not exceed 150 square feet. (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 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 height shall be as follows: (a) Principle buildings: 35 feet. (b) Accessory Buildings: 20 feet. § 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. 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. [Amended 10-27-1999; 8-9-2000] (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: [1] With the single-family small lot housing type, decks may extend five feet into rear yard setback areas. [2] Where single-family small lot housing abuts open space, decks may extend up to 12 feet into rear yard setback areas. [3] 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 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. 165:85 06-15-2007 § 165-65 FREDERICK COUNTY CODE § 165-65 r�w •� J GARDEN APARTMENTS (5) 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. (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: 165:92 06-15-2007 F. 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. [Amended 10-27-1999; 8-9-2000] (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: [1] With the single-family small lot housing type, decks may extend five feet into rear yard setback areas. [2] Where single-family small lot housing abuts open space, decks may extend up to 12 feet into rear yard setback areas. [3] Front porches, stoops and steps may extend eight feet into front yard setback areas. [4] Detached accessory structures may not exceed 150 square feet. (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 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 height shall be as follows: (a) Principle buildings: 35 feet. (b) Accessory Buildings: 20 feet. Item #2: Grocery/Food Stores in the B3 Zoning District Staff has recently had inquiries from members of the public regarding the permissibility of allowing grocery or food stores in the B3 (Industrial Transition) Zoning District. Currently, the Zoning Ordinance permits SIC 54 (Food Stores) in the B 1 (Neighborhood Business) District and the B2 �1�u�uTc�� vcucial� Li�llllt. ,71%, JY as a wuoic would permit grocery stores, trust and vegetable markets, meat and fish markets, candy confectionary stores, dairy product stores, retail bakeries and miscellaneous food stores. In considering this issue, the DRRS is asked to address multiple points. These include: • Should grocery or food stores be permitted in the B3 District? • Should only grocery or food stores be included in the B3 or general retail as well? • Should a maximum square footage be placed on this use? • Should this be a by -right use in the B3 or require a conditional use permit, or require a special exception (similar to a CUP, but perhaps without conditions)? This ordinance revision would require changes to the following ordinance sections: • Article X -Business and Industrial Zoning Districts, §165-82C Industrial Transition District • Article VI - Supplementary Use Regulations (if size limitations are placed on the use) Staff has provided a copy of the ordinance as it exists currently in the Zoning Ordinance as well as an example of how the ordinance could be revised. A copy of what is permitted under SIC 54 has been provided as well. 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 2. Standard Industrial Classification (SIC) Major Group — 54 3. Existing Ordinance with proposed additions (§ 165-48.11.; 4. Proposed Ordinance (clean version). § 165-82 FREDERICK COUNTY CODE (a) Such uses shall be located at least.2,500 feet from the property line of existing adult retail uses, schools, churches, parks, day-care facilities and residential uses and districts. (b) Such uses shall not be permitted in shopping centers and/or multi -tenant buildings. (c) All merchandise display areas shall be limited to enclosed structures and shall not be visible from the outside. (d) Business signs shall not exceed a maximum of 25 square feet. No wall - mounted signs or window displays shall be permitted. (e) Hours of operation shall be limited to between 9:00 a.m. and 11:00 p.m. § 165-82 C. B3 Industrial Transition District. The intent of this district is to provide for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some cases, such areas may be transitional, located between business and industrial. areas. In these areas, there will be a mixture of automobile and truck traffic. Some of the uses in this district will require large areas of land and may have outdoor storage and display. It is intended that the uses in this district shall not be sources of noise, dust, smoke or other nuisances. Such industrial transition areas shall be provided with safe and sufficient access. Allowed Uses Veterinary services with all activities and animals kept within the fully enclosed primary structure [Amended 1-10-2001] Animal speciality services, except veterinary, with all activities and animals kept within the fully enclosed primary structure [Added 1-10-20011 Landscape and horticultural services Offices and storage facilities for building construction contractors, heavy construction contractors and special trade contractors Commercial printing Local and suburban transit and interurban highway passenger transportation Standard Industrial Classification (SIC) 074 752 078 15, 16 and 17 275 41 165:114 06 - i5 - 2007 § 165-82 ZONING § 165-82 Standard Industrial Classification Allowed Uses (SIC) Motor freight transportation and 42 warehousing Transportation by air 45 Transportation services 47 Communication facilities and offices, 48 including telephone, telegraph, radio, television and other communications Electric, gas and other utility facilities and 49 offices and trucking and warehousing, excluding the following: Sanitary services 495 Advertising specialties - wholesale (added 5199 8-24-2004) [Added 8-24-20041 Building materials, hardware, garden 52 supply, mobile home dealers and retail nurseries Automotive dealers and gasoline service 55 stations Wholesale trade businesses - Restaurants [Added 5-26-2004] 58 Laundry, dry-cleaning and garment services, 721 excluding the following: Coin-operated laundries 7215 Linen supply [Added 8-24-2004] 7213 Dry-cleaning plants [Added 8-24-2004] 7216 Business services 73 Outdoor ad services [Added 8-24-2004] 7312 Automobile recovery service [Added 7389 8-24-2004] Automobile repossession service [Added 7389 8-24-2004] Product sterilization service [Added 7389 8-24-2004] Repossession service [Added 8-24-2004] 7389 Automotive repair, services and parking 75 Miscellaneous repair services 76 Agricultural equipment repair [Added 7699 8-24-2004] Dental and medical instrument repair 7699 [Added 8-24-2004] 165:115 06 -15-2007 § 165-82 FREDERICK COUNTY CODE § 165-82 165:116 06-15-2007 Standard Industrial Classification Allowed Uses (SIC) Farm machinery and tractor repair [Added 7699 8-24-2004] Laboratory instrument repair [Added 7699 8-24-2004] Precision instrument repair [Added 7699 8-24-2004] Repair of optical instruments [Added 7699 8-24-2004] Repair of service station equipment [Added 7699 8-24-2004] Scale repair service [Added 8-24-2004] 7699 Surgical instrument repair [Added 7699 8-24-2004] Drive-in motion picture theaters 75 Amusement and recreation services operated 79 indoors Self-service storage facilities - Vocational schools 824 Business associations 861 Professional membership organizations 862 Labor unions and similar labor 863 organizations Engineering, accounting, research, 87 management and related services Testing laboratories [Added 8-24-2004] 8734 General business offices - Model home sales office - Accessory retailing - Public buildings - Public utility distribution facilities - Business signs - Directional signs - Building entrance signs - Residential uses which are accessory to - allowed business uses Parks - Flex -Tech [Added 2-11-1998] - Fire stations, companies and rescue squads - [Added 10-27-1999] 165:116 06-15-2007 319 Major Group 54.—FOOD STORES The Major Group as a Whole This major group includes retail stores primarily engaged in selling food for home prepa- ration and consumption. Establishments primarily engaged in selling prepared foods and drinks for consumption on the premises are classified in Major Group 58, and stores primari- ly engaged in selling packaged beers and liquors are classified in Industry 5921. Industry Group Industry No. No. 541 GROCERY STORES 5411 Grocery Stores Stores, commonly known as supermarkets, food stores, and grocery stores, primarily engaged in the retail sale of all sorts of canned foods and dry goods, such as tea, coffee, spices, sugar, and flour; fresh fruits and vegetables; and fresh and prepared meats, fish, and poultry. Convenience food stores—retail Grocery stores, with or without fresh Food markets—retail meat—retail Frozen food and freezer plans, except Supermarkets, grocery—retail meat—retail 542 MEAT AND FISH (SEAFOOD) MARKETS, INCLUDING FREEZER PROVISIONERS 5421 Meat and Fish (Seafood) Markets, Including Freezer Provisioners Establishments primarily engaged in the retail sale of fresh, frozen, or cured meats, fish, shellfish, and other seafoods. This industry includes estab- lishments primarily engaged in the retail sale, on a bulk basis, of meat for freezer storage and in providing home freezer plans. Meat markets may butch- er animals on their own account, or they may buy from others. Food locker plants primarily engaged in renting locker space for the storage of food prod- ucts for individual households are classified in Industry 4222. Establishments primarily engaged in the retail sale of poultry are classified in Industry 5499. Fish markets—retail Meat markets—retail Freezer food plans, meat—retail Seafood markets—retail Freezer provisioners, meat—retail Frozen food and freezer plans, meat— retail 543 FRUIT AND VEGETABLE MARKETS 5431 Fruit and Vegetable Markets Establishments primarily engaged in the retail sale of fresh fruits and vege- tables. They are frequently found in public or municipal markets or as road- side stands. However, establishments which grow fruits and vegetables and sell them at roadside stands are classified in Agriculture, Major Group 01. Fruit markets and stands—retail Vegetable markets and stands—retail Produce markets and stands—retail I 320 STANDARD INDUSTRIAL CLASSIFICATION 3 Industry;I Group Industry 3 e No CANDY, NUT, AND CONFECTIONERY STORES 544 5441 Candy, Nut, and Confectionery Stores • Establishments primarily engaged in the retail sale of candy, nuts, popcorn, and other confections. ' Candy stores—retail Confectionery stores—retail ' Confectionery produced for direct sale Nut stores—retail - ' on the premises—retail Popcorn stands—retail 545 DAIRY PRODUCTS STORES 5451 Dairy Products Stores Establishments primarily engaged in the retail sale of packaged dairy prod- 4 ucts to over-the-counter customers. Ice cream and frozen custard stands are classified in Industry 5812, and establishments selling ice cream and similar i products from trucks or wagons are classified in Industry 5963. Establish- z ; 7 ' ments primarily engaged in processing and distributing milk and cream are in Manufacturing, Industry Group 202. classified k[k! Butter and other dairy product stores— Ice cream (packaged) stores—retail retail Milk and other dairy products stores— #' + Cheese stores—retail retail t Dairy products stores—retail 546 RETAIL BAKERIES { 5461 Retail Bakeries Establishments primarily engaged in the retail sale of bakery products. The products may be purchased from others or made on the premises. Establish- yments manufacturing bakery products for the trade are classified in Manufac- turing, Industry Group 205, and those purchasing bakery products and selling house-to-house are classified in Industry 5963. Bagel stores—retail Doughnut shops—retail Bakeries—retail Pretzel stores and stands—retail Cookiestores—retail ` 549 MISCELLANEOUS FOOD STORES 5499 Miscellaneous Food Stores ai Establishments primarily engaged in the retail sale of specialized foods, not classified, such as eggs, poultry, health foods, spices, herbs, coffee, i; ; ! elsewhere and tea. The poultry stores may sell live poultry, slaughter and clean poultry ,• for their own account, and sell dressed fowls, or sell fowls cleaned and dressed 'r by others. -� Coffee stores—retail Spice and herb stores—retail Dietetic food stores—retail Tea stores—retail Egg dealers—retail Vitamin food stores—retail Health food stores—retail Water, mineral—retail Poultry dealers—retail § 165-48.9. Streets; Inter -parcel connectors. [Added 6-22-20051 All residential subdivision of more than 10 lots in the RP, R4, R5 and MS (with residential uses) Zoning Districts shall have streets connecting to adjoining parcels. If adjoining parcels are developed or have had a subdivision plat approved, the connecting street shall coordinate with the existing or platted streets in the adjoining parcel. If an adjoining parcel is undeveloped, the location of the connecting street shall be as shown on the Master Development Plan (MDP) approved by the Board of Supervisors. This requirement for inter -parcel connector streets may be waived by the Board of Supervisors upon approval of the Master Development Plan (MDP) if the Board finds: i) that a connector street to an adjoining parcel is not likely to be needed; ii) that the connector street would be required to be placed in a location which is impractical for location of a street; iii) that an adjoining undeveloped parcel is not likely to be developed in a manner to make a connector street necessary or appropriate; or iv) other good cause shown by the applicant not contrary to good planning policy. All inter -parcel connectors, public or private, shall be built to the Virginia Department of Transportation engineering standards. § 165-48.10. Government services office. [Added 9-14-20051 Government services office located in the Rural Areas (RA) Zoning District shall be subject to the following requirements: A. Government services office uses shall be located within the Sewer and Water Service Area (SWSA), as identified in the County's Comprehensive Policy Plan. B. A transportation impact analysis (TIA) shall be conducted and the improvements identified as necessary to achieve, or maintain, a minimum Level of Service (LOS) C shall be constructed in conjunction with the facilities. C. The facility shall be served by public water and sewer. D. The use and site shall adhere to, and implement, Business General (132) Zoning District design standards. §165-48.11. Grocery and Food Stores. Grocery or food stores located in the B3 (Industrial Transition) Zoning District shall meet the following requirements: A. Maximum building square footage used for retail sales of grocery or food products shall not exceed 10,000 square feet. The 10,000 square feet shall not include area used for storage warehousing of products. § 165-48.9. Streets; Inter -parcel connectors. [Added 6-22-20051 All residential subdivision of more than 10 lots in the RP, R4, R5 and MS (with residential uses) Zoning Districts shall have streets connecting to adjoining parcels. If adjoining parcels are developed or have had a subdivision plat approved, the connecting street shall coordinate with the existing or platted streets in the adjoining parcel. If an adjoining parcel is undeveloped, the location of the connecting street shall be as shown on the Master Development Plan (MDP) approved by the Board of Supervisors. This requirement for inter -parcel connector streets may be waived by the Board of Supervisors upon approval of the Master Development Plan (MDP) if the Board finds: i) that a connector street to an adjoining parcel is not likely to be needed; ii) that the connector street would be required to be placed in a location which is impractical for location of a street; iii) that an adjoining undeveloped parcel is not likely to be developed in a manner to make a connector street necessary or appropriate; or iv) other good cause shown by the applicant not contrary to good planning policy. All inter -parcel connectors, public or private, shall be built to the Virginia Department of Transportation engineering standards. § 165-48.10. Government services office. [Added 9-14-2005] Government services office located in the Rural Areas (RA) Zoning District shall be subject to the following requirements: A. Government services office uses shall be located within the Sewer and Water Service Area (SWSA), as identified in the County's Comprehensive Policy Plan. B. A transportation impact analysis (TTA) shall be conducted and the improvements identified as necessary to achieve, or maintain, a minimum Level of Service (LOS) C shall be constructed in conjunction with the facilities. C. The facility shall be served by public water and sewer. D. The use and site shall adhere to, and implement, Business General (132) Zoning District design standards. § 165-48.11. Grocery and Food Stores. Grocery or food stores located in the B3 (Industrial Transition) Zoning District shall meet the following requirements: A. Maximum building square footage used for retail sales of grocery or food products shall not exceed 10,000 square feet. The 10,000 square feet shall not include area used for storage warehousing of products.