HomeMy WebLinkAboutDRRC 08-25-05 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
MEMORANDUM
To: Development Review and Regulations Subcommittee
From: Mark R. Cheran, Zoning Administrator
Subject: August Meeting and Agenda
Date: August 18, 2005
The Frederick County Development Review and Regulations Subcommittee (DRRS) will be meeting
on Thursday, August 25, 2005 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
l) Discussion of changing Section. 165-48.7 Flex -tech uses, of the Frederick County
Zoning Ordinance. Flex -tech is no longer an allowed use in the B-2 (Business, General)
Zoning District. Staff is seeking to remove B-2 (Business, General) from this section of the
ordinance. The current section is attached. (See attachments)
2) Discussion of changing Section 165-134 of the Frederick County Zoning Ordinance,
Waivers of Master Development Plans. Staff is seeking to remove B-4 from this section.
There is no B-4 zoning district designation in Frederick County. The current section is
attached. (See attachments)
3) Discussion of adding HE (Higher Education) Zoning District to Article XVII of the
Frederick Zoning Ordinance; Master Development Plan. Staff is seeking input from the
DRRS regarding adding the HE (Higher Education) Zoning District to the Master
Development Plan section of the ordinance. (See attachments)
Access to this building is limited during the evening hours. Therefore, it will be necessary to enter
the Board Room through the rear doors. 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 Board Room, adjacent to the
outdoor picnic plaza.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Item # 1 Section 165-48.7
Staff would recommend removing references to a permitted B-2 use from this section of the
Frederick County Zoning Ordinance. Flex -tech development is not allowed in the B-2 (Business,
General) Zoning District. This changed occurred last year when changes were made to the B-2
Zoning District.
§ 165-48.6 ZONING § 165-48.7
commercial telecommunication facility towers shall utilize infrared
lighting and motion -detector IIQl-itlnd to prevent contini iini iz
illumination.
(5) Commercial telecommunication facilities shall be constructed
with materials of a galvanized finish' or painted a noncontrasting
blue or gray unless otherwise mandated by the Federal Aviation
Administration or the Federal Communication Commission.
(6) Commercial telecommunication facilities shall be adequately
enclosed to prevent access by persons other than employees of
the service provider. Appropriate landscaping and opaque
screening shall be provided to ensure that equipment buildings
and other accessory structures are not visible from adjoining
properties, roads or other rights-of-way.
(7) Any antenna or tower that is not operated for a continuous period
of 12 months shall be considered abandoned, and the owner of
such tower shall remove same within 90 days of receipt of notice
from the Frederick County Department of Planning and
Development. Removal includes the removal of the tower, all
tower and fence footers, underground cables and support
buildings. If there are two or more users of a single tower, then
this provision shall not become effective until all users cease
using the tower. If the tower is not removed within the ninety -
day period, the county will remove the facility and a lien may be
placed to recover expenses.
§ 165-48.7. Flex -tech uses. [Added 2-11-19981
The intent of this section is to ensure that flex -tech development shall be
designed for safe, efficient traffic flow and to complement its surroundings.
The following minimum standards shall apply to any property in which flex -tech
developments are located, in order to promote economic development and
mitigate any negative impacts to adjoining properties:
A. Permitted uses. All uses allowed in the--Bm B3 and M1 Districts will be
permitted in a flex -tech development.
(1) Primary use. The primary use shall be a use permitted by the
zoning district in which the development is located. The primary
16572.3 8-1-98
Item #2: Changes to Section 165-134
Staff would recommend removing B-4 from this section of the ordinance. There is no B-4 zoning
designation in Frederick County.
§ 165-134 FREDERICK COUNTY CODE § 165-134
(2) Is not an integral portion of a property proposed or planned for
future development or subdivision;
(3) Is planned to be developed in a manner that is harmonious with
surrounding properties and land uses;
(4) Does not substantially affect the purpose and intent of its zoning
district and the intent of this article.
B. M1, EM and M2 Districts. The Director of Planning and Development
may waive the requirement of a MDP in the M1 Light Industrial Zoning
District, the EM Extractive Manufacturing Zoning District or the M2
Industrial General Zoning District if the proposed subdivision or
development:
(1) Includes no new streets, roads or rights-of-way, does not further
extend any existing or dedicated street, road or rights-of-way and
does not significantly change the layout of any existing or
dedicated street, road or rights-of-way;
(2) Does not propose any stormwater management system
designed to serve more than one lot and does not necessitate
significant changes to existing stormwater management systems
designed to serve more than one lot;
(3) Is not an integral portion of a property proposed or planned for
future development or subdivision;
(4) Is planned to be developed in a manner that is harmonious with
surrounding properties and land uses; and
(5) That such development does not substantially affect the purpose
and intent of this chapter.
C. B1, B2, B3 and HE Districts. The Director of Planning and
Development may waive the requirement of a master development
plan in the B1 Neighborhood Business, B2 Business General, B3
Industrial Transition or HE Higher Education Zoning Districts if the
proposed subdivision or development:
(1) Contains less than five acres in the B1 District and less than 10
acres in the B2, B3 or-B+District;
(2) Includes no new streets, roads or rights-of-way, does not further
extend any existing or dedicated street and does not significantly
change the layout of any existing or dedicated street;
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I -tem #3: Article XVIII
Staff would recommend adding the HE (Higher Education) Zoning District to Article XVIII of the
zoning ordinance. The ordinance as currently written does not provide a requirement for a Master
Development Plan (MDP) for the HE Zoning District. The addition of the HE Zoning District would
include all aspects of Article XVII of the Frederick County Zoning Ordinance
§ 165-131 FREDERICK COUNTY CODE § 165-133
I. 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 out below:
ARTICLE XVIII
Master Development Plan
§ 165-132.. Intent.
The purpose of the master development plan (MDP) is to promote orderly
and planned development of property within Frederick County. It is the
purpose of the MDP to ensure that such development occurs in a manner that
suits the characteristics of the land, is harmonious with adjoining property and
is in the best interest of the general public. The MDP shall be used to illustrate
the characteristics of the property proposed for development and of
surrounding properties.
§ 165-133. When required.
A. A preliminary Master Development Plan (MDP) and a final MDP shall
be submitted to the Director of Planning and Development for
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Maximum
Business Sign
Height
(feet above mean
Exit Number
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 j
ARTICLE XVIII
Master Development Plan
§ 165-132.. Intent.
The purpose of the master development plan (MDP) is to promote orderly
and planned development of property within Frederick County. It is the
purpose of the MDP to ensure that such development occurs in a manner that
suits the characteristics of the land, is harmonious with adjoining property and
is in the best interest of the general public. The MDP shall be used to illustrate
the characteristics of the property proposed for development and of
surrounding properties.
§ 165-133. When required.
A. A preliminary Master Development Plan (MDP) and a final MDP shall
be submitted to the Director of Planning and Development for
16664 12-15-2004
§ 165-133 ZONING § 165-134
Planning Commission and Board of Supervisors approval prior to any
.ci i.ib diviJivii or deVeivpment of property in any of the foiiowing zoning
districts: [Amended 10-27-20041
RP Residential Performance District
R4 Residential Planned Community District
R5 Residential Recreational Community District
MH1 Mobile Home Community District
HE High Education District
MS Medical Support District
B1 Neighborhood Business District
B2 Business General District
B3 Industrial Transition District
M1 Industrial Light District
M2 Industrial General District
AD/-) EM Extractive Manufacturing District
B. The MDP shall at least include all contiguous land under single or
common ownership in the above zoning districts.
C. A preliminary MDP may be submitted with an application for a
rezoning but shall not be considered binding until approval of a final
MDP.
§ 165-134. Waivers.
A. RP, R4, R5, MS and MH1 Districts. The Director of Planning and
Development may waive the requirements of a MDP in the Residential
Performance District, the Residential Planned Community District, the
Residential Recreational Community District, Medical Support District
and the Mobile Home Community District, if the proposed property for
subdivision or development: [Amended 10-27-20041
(1) Contains 10 or less traditional detached single-family dwelling
units;
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§ 165-134 FREDERICK COUNTY CODE § 165-134
(2) Is not an integral portion of a property proposed or planned for
future development or subdivision;
(3) Is planned to be developed in a manner that is harmonious with
surrounding properties and land uses;
(4) Does not substantially affect the purpose and intent of its zoning
district and the intent of this article.
B. M1, EM and M2 Districts. The Director of Planning and Development
may waive the requirement of a MDP in the M1 Light Industrial Zoning
District, the EM Extractive Manufacturing Zoning District or the M2
Industrial General Zoning District if the proposed subdivision or
development:
(1) Includes no new streets, roads or rights-of-way, does not further
extend any existing or dedicated street, road or rights-of-way and
does not significantly change the layout of any existing or
dedicated street, road or rights-of-way;
(2) Does not propose any stormwater management system
designed to serve more than one lot and does not necessitate
significant changes to existing stormwater management systems
designed to serve more than one lot;
(3) Is not an integral portion of a property proposed or planned for
future development or subdivision;
(4) Is planned to be developed in a manner that is harmonious with
surrounding properties and land uses; and
(5) That such development does not substantially affect the purpose
and intent of this chapter.
C. B1, B2, B3 and HE Districts. The Director of Planning and
Development may waive the requirement of a master development
plan in the B1 Neighborhood Business, B2 Business General, B3
Industrial Transition or HE Higher Education Zoning Districts if the
proposed subdivision or development:
(1) Contains less than five acres in the B1 District and less than 10
acres in the 132, B3 or B4 District;
(2) Includes no new streets, roads or rights-of-way, does not further
extend any existing or dedicated street and does not significantly
change the layout of any existing or dedicated street;
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