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PC 07-16-08 Meeting Agendaa O U W W 0-4w AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia July 16, 2008 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting................................................................ (no tab) 2) .lune 4, 2008 Minutes ................... 3) Committee Reports ........................ ......................................................................... (A) ...................................•............................ (no tab) 4) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 5) Ordinance Amendment — Chapter 165, Zoning, Article V, RA (Rural Areas) District and Chapter 144, Subdivision of Land, Article H, Definitions and Article V, Design Standards. The amendment includes: changes to decrease the permitted lot density from one unit per five acres generally to one unit per ten acres in all of the RA District; change the general minimum lot size in all of the RA District, except for family division lots and rural preservation lots, from five acres to ten acres; as well as revisions to the family division and rural preservation subdivision requirements. The changes are as follows: Section 165-49 — Purpose and Intent — Revision to change the lot density generally in all of the RA District from one unit per five acres to one unit per ten acres. o Section 165-52A Permitted Residential Density, Exception — Revision to change the lot density generally in all of the RA District from one unit per five acres to one unit per ten acres and to clarify that the density is determined by the size of the parent tract as of December 11, 1991 (the date of the previous amendment to the section). • Section 165-52B — Permitted Residential Density, Exception — Revision to change the exception to permitted density generally in all of the RA District, currently allowed for lots containing between seven and ten acres, to allow the exception for lots containing between twelve and twenty acres; revision to clarify that eligibility for the exception is determined by the size of the parent tract as of December 11, 1991 (the date of the previous amendment to the section); revision to change the lot density generally in all of the RA District from one unit per five acres to one unit per ten acres; and revision to provide that rural preservation lots count against the permitted density of a rural preservation subdivision. Section 165-54A — Permitted lot sizes — Traditional five acre lots - Revisions to change the general minimum lot size in all of the RA District, except for family division lots and rural preservation lots, from five acres to ten acres. • Section 165-54B — Permitted lot sizes — Family division lots — Revision to clarify that eligibility for the exception is determined by the size of the parent tract as of December 11, 1991 (the date of the previous amendment to the section). • Section 165-54C — Permitted lot sizes — Agricultural lots — Revision to eliminate the provision for five acre agricultural lots as a permitted lot type in the RA District. • Section 165-54D — Permitted lot sizes — Rural preservation lots — Revisions to change from 40% to 60% the minimum percentage of the parent tract that must be preserved as a rural preservation lot. • Section 165-55A — Setback requirements — Traditional five -acre lots — Revisions to change traditional five acre lot to ten acre lot. • Section 165-55D— Setback requirements — Accessory uses — Revisions to change traditional five acre lots to ten acre lots. • Section 165-56B — Maximum depth — Revision to make rural preservation tracts exempt from the requirement that the maximum depth of any lot shall not exceed four times the width of the lot at its front setback line. • Section 144-2 — Definitions and word usage -- Revisions to the definition of major rural subdivision and minor rural subdivision to change traditional five acre lots to ten acre lots and to remove references to five acre agricultural lots. • Section 144-31B — Major rural subdivisions - Revisions to remove reference to five acre agricultural lots. • Section 144-31C — Minor rural subdivisions - Revisions to change traditional five acre lots to ten acre lots and to remove references to five acre agricultural lots. Mr. Lawrence................................................................................................................... (B) 6) Other C� i C� MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on June 4, 2008. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District-, Richard C_ Ours, Opequon District; Christopher M. Mohn, Red Bud District, Gregory S. Kerr, Red Bud District; Gary R Oates, Stonewall District-, Richard Ruckman, Stonewall District; Cordell Watt, Back Creek District; Greg L. Unger, Back Creek District; Lawrence R Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; George J_ Kriz, Gainesboro District; Gary Lofton, Board of Supervisors Liaison; and Roderick Williams, Legal Counsel. ABSENT: Charles E. Triplett, Gainesboro District STAFF PRESENT: Eric R Lawrence, Planning Director-, Michael T. Ruddy, Deputy Planning Director, Mark R. Cheran, Zoning & Subdivision Administrator; Amber Powers, Planner 11; and Renee' S. Arlotta, Clerk, CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the Planning Commission unanimously adopted the agenda for the June 4, 2008 meeting. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the meeting minutes of April 16, 2008 were unanimously approved as presented. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) — Mtg. Commissioner Unger reported that the DRRS discussed age -restricted, multi -family housing, particularly the issues of height, screening, and berms. He said the other topic of discussion was a new office manufacturing park district, which is mostly in the Route 277 corridor area; he said all the buildings would have to be on state -frontage roads with architectural concrete, clay, brick, or stone fronts to convey a campus -style Frederick County Planning Commissionnn — Page 2256 Minutes of June 4, 2008 ! lA F -2 - atmosphere. The issue of accessory use was also discussed and only 25% of a building could be retail; no retail in the industrial section. Conservation Easement Authority (CEA) — 05/22/08 Mtg. Commissioner Watt reported that the CEA voted on language for the Comprehensive Policy Plan concerning conservation easements. The CEA is also looking for places to hold meetings throughout the summer to provide information and have fund-raising activities. Natural Resources Committee — 06/03/08 Mtg. Commissioner Kriz reported that Natural Resources Committee is moving along with the development of a Natural Resources/ Enviromnental section for the Comprehensive Policy Plan. NAICS Work Group Commissioner Manuel reported that the NAICS Work Group continues to meet regularly to convert the county's ordinance to the NAICS method of business and industrial classification. He said the group just started on the M1 (Industrial Limited) District and will probably finish that district within the next couple meetings. CITIZEN COMMENTS Chairman Wilmot called for public comments on any subject that was not on the Commission's agenda for this evening. No one came forward to speak. PUBLIC HEARING Conditional Use Permit 903-08 for James Christian, III for taxidermy at 376 Winding Hill Road (Rt. 674). This property, zoned RA (Rural Areas) is identified with P.I.N. 22-3-6 in the Gainesboro Magisterial District. Action — Approved with Conditions Frederick County Planning Commission Minutes of June 4, 2008 Page 2257 -3— Zoning and Subdivision Administrator, Mark R Cheran, reported that cottage occupations are permitted in the RA (Rural Areas) Zoning District with an approved conditional use permit (CUP). Mr. Cheran stated that the proposed taxidermy qualifies as a cottage occupation and the proposed use will be conducted in an accessory structure, consisting of approximately 150 square feet. The applicant has proposed an average customer base of one -to -five customers per week. Mr. Cheran said the applicant is proposing a compost pile for the disposal of animal bones per guidelines provided by the Department of Environmental Quality (DEQ). He said this use shall follow Section 165-42 of the zoning ordinance as applied to rendering operations. Mr. Cheran said that based on the limited scale of the proposed use and evaluation of the property, it appeared the use would not have any significant impact on the adjoining properties. Mr. Cheran then read a list of recommended conditions, should the Commission fmd the use to be appropriate. Commissioner Thomas asked if there were any requirements on where the compost pile would be located in relation to the water source from the property to the pond south of the property. Mr. Cheran stated that the DEQ will not provide comments until after the approval of Mr. Christian's CUP_ Mr. Cheran suggested the Commission add a condition addressing this issue. Mr. James Christian, I11, the applicant and property owner, came forward to answer questions from the Commission. Commissioner Kriz asked if there would be an entrance off of Beeler Lane. Commissioner Kriz also inquired in which building taxidermy operations would take place and the purpose for the large building behind the brick garage. Mr. Christian said the taxidermy would take place in the existing brick garage and the entrance would be his driveway off Winding Hill Road. Mr. Christian said the large building behind his garage was used for storage. Mr. Cheran added that Beeler Lane is a private lane and VDOT's comments were based on their right-of-way. Commission members were concerned about the disposal of the animal by-products. Commissioner Oates asked the applicant if he would be willing to place animal bones and by-products into a barrel and take it to Valley Proteins or some other similar source, rather than letting it pile up on the property. Mr. Christian said that Mr. Tim Higgs of the DEQ told him that he could either put the by-products into a compost pile or take it to the landfill. Commissioner Oates stated that he believed most of the Commissioners would be more comfortable if the applicant would remove the by-products from the property. Commissioner Oates asked Mr. Christian if he would be okay with the Commission adding a condition for animal by-products to be removed monthly from the site and taken to the landfill or Valley Proteins. Mr. Christian replied he would be okay with adding the condition_ Chairman Wilmot called for public comments and the following person came forward to speak: Ms. Beverly Legge, a resident at 217 Beeler Lane in the Gainesboro District, stated that Mr. Christian also breeds goats and has about 40 animals on the property. Ms. Legge was concerned that since a taxidermy business falls under the category for slaughter houses, the applicant not be so enterprising that he decides to have a slaughterhouse for goats. She said she would prefer this business not become a large commercial enterprise or bring in a lot of traffic. Ms. Legge also did not want to see a commercial entrance off Beeler Lane. No other persons wished to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Oates reviewed the additional three proposed conditions with the applicant. The applicant understood the proposed additional conditions and was comfortable with them. Frederick County Planning Commission Minutes of June 4, 2008 Page 2258 -4- Upon motion made by Commissioner Kriz and seconded by Cormnissioner Manuel, BE IT RESOLVED, that the Frederick County Planriing Commission does hereby unanimously recommend approval of Conditional Use Permit #03-08 for James Christian, III for taxidermy at 376 Winding Hill Road (Route 674) with the following conditions: All review agency comments and requirements shall be complied with at all times. 2. This use shall be in compliance with Section 165-42 of the Frederick County Zoning Ordinance, with regards to rendering operations. 3. One cottage occupation business sign not to exceed four (4) square feet shall be allowed. 4. No more than five customers per week allowed. 5. Any expansion or modification of this use will require a new conditional use permit. No outside employees other than those members of the immediate family residing on the premises. 7. Animal by-products to be removed from the site; no composting of animal by-products on site. 8. No commercial traffic on Beeler Lane. (Note: Commissioner Triplett was absent from the meeting.) Consideration of an Urban Development Area (UDA) Boundary Clarification at Stonewall Industrial Park. This item involves the relocation of the UDA boundary from its existing location to Route 37, resulting in a reduction of the UDA of approximately 798 acres. Action — Recommended Approval Deputy Planning Director, Michael T. Ruddy, stated that in 2006, the Planning Commission and the Board of Supervisors dealt with a number of boundary modifications to the UDA (Urban Development Area) and the SWSA (Sewer and Water Service Area) to reflect the land use designations of the Comprehensive Policy Plan. He commented that this positive effort right -sized and corrected many issues with the UDA and SWSA boundaries. More recently, on April 9, 2008, the Board of Supervisors discussed one particular location that revolved around the 2006 UDA modification in the area of the Stonewall Industrial Park. He said the Board requested that the UDA line be adjusted to reflect the previous location, prior to the approval of the Russell- Glendobbin rezoning, with the UDA boundary following Route 37 to existing Route 11. Mr. Ruddy said this request is actually consistent with the endorsement previously offered by the CPPS (Comprehensive Plans and Programs Subcommittee) and the Planning Commission. He said the adjustment would have no impact on existing Stonewall Industrial Park, zoned M1, enabling this development to continue consistent with its MDP (Master Development Plan), and further, it would have no impact on the Russell Glendobbin rezoning request, a proffered rezoning request endorsed and accepted by the County. In conclusion, Mr. Ruddy said it was important to note that the SWSA would not change at this location; therefore, those properties including the Russell- Glendobbin property would continue to be served by pubic sewer and water. He added that the CPPS evaluated this request at their May 12, 2008 meeting and favorably recommended that this item be moved forward. Frederick County Planning Commission Minutes of June 4, 2008 Page 2259 -5 - Chairman Wilmot called for public comments. No one came forward and Chairman Wilmot closed the public comment portion of the hearing. No issues or areas of concern were raised by the Planning Commission. Upon motion made by Commissioner Oates and seconded by Commissioner Ruckman, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of an Urban Development Area (UDA) Boundary Clarification at Stonewall Industrial Park, which involves the relocation of the UDA boundary from its existing location to Route 37, resulting in a reduction of the UDA of approximately 798 acres. (Note: Commissioner Triplett was absent from the meeting.) Request of Thomas L. Fawcett, Betty Jean S. Fawcett, and Robert L. Fawcett to remove 6.003 acres of land from the South Frederick Agricultural and Forestal District. This parcel is located along Cedar Creek Grade (Rt. 622) and is identified with P.I.N. 61-A-45 in the Back Creek Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that the Planning Staff received a letter from Thomas L. Fawcett, Betty Jean Fawcett, and Robert Fawcett, dated March 28, 2008, requesting the removal of one parcel, consisting of 5+ acres from the South Frederick Agricultural and Forestal District. Mr. Cheran stated that the Agricultural District Advisory Committee (ADAC) considered this request during their meeting on May 13, 2008. The ADAC unanimously recommended that the 5+ acres of the 34.971 - acre tract be removed from the South Frederick Agricultural and Forestal District. Mr. Cheran remarked that a total of 6,048+ acres will remain in the South Frederick District. Commissioner Oates inquired why the Fawcett's letter requested the removal of 6.003 acres when the plat indicated a new lot of 5.000 acres. Mr. Cheran replied that a 0.266 -acre boundary line adjustment and a 0.737 -acre road dedication were included with the 5.000 -acre lot. Ms. Betty Jean Fawcett, one of the owners/applicants, was available to answer questions from the Commission. Chairman Wilmot called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing_ Upon motion made by Commissioner Unger and seconded by Commissioner Watt, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of the request by Thomas L. Fawcett, Betty Jean S. Fawcett, and Robert L. Fawcett to remove 6.003 acres of land from the South Frederick Agricultural and Forestal District. This parcel is located along Cedar Creek Grade (Rt. 622) and is identified with P.I_N. 61-A-45 in the Back Creek Magisterial District. (Note: Commissioner Triplett was absent from the meeting.) 0 Frederick County Planning Commission Minutes of June 4, 2008 Page 2260 Request of Karl Copp and Sally Copp to remove a parcel of 10+ acres from the Double Church Agricultural and Forestal District. This parcel is located along Double Church Road (Rt. 641) and is identified with P.I.N. 86-A-241 in the Opequon Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that the Planning Staff received a letter from Karl and Sally Copp, dated March 17, 2008 requesting the removal of one parcel, totaling ten acres, from the Double Church Agricultural and Forestal District, in order to seek a family subdivision. Mr. Cheran stated that the Agricultural District Advisory Committee (ADAC) considered this request during the meeting on May 13, 2008 and unanimously recommended that this 10 -acre parcel be removed from the Double Church Agricultural and Forestal District. Mr. Cheran remarked that a total of 914 acres will remain in the Double Church Agricultural and Forestal District. Conunissioner Oates inquired why the parcel had to be removed from the Agricultural and Forestal District for a family subdivision_ Mr. Cheran replied that the State Code requires the parcel be removed from the Agricultural and Forestal District for any subdivision of land. Mr. Karl Copp, the property owner, was available to answer questions from the Commission. Chairman Wilmot called for public comments and the following person came forward to speak. Mr. Christopher Perry, adjoining property owner along Canterburg Road, wanted to be assured there would not be access across his property from Canterburg Road to the new lot. Upon motion made by Commissioner Ours and seconded by Commissioner Thomas, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of the request of Karl Copp and Sally Copp to remove a parcel of 10+ acres from the Double Church Agricultural and Forestal District. This parcel is located along Double Church Road (Rt. 64 1) and is identified with P.I.N. 86-A-241 in the Opequon Magisterial District. (Note: Commissioner Triplett was absent from the meeting.) PUBLIC MEETING Master Development Plan #04-08 for Snowden Bridge, submitted by Greenway Engineering, for a residential planned community on 231 acres, zoned R4 (Residential Planned Community) District. The properties -are located on the south side of the Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664), and east of Milburn Road (Route 662). The properties are further identified with P.I.N.s 44 -A -292,44-A-293, and 44 -A -31A in the Stonewall Magisterial District. 0 Frederick County Planning Commission Minutes of June 4, 2008 Page 2261 -7 - Action — Recommended Approval Planner Amber Powers reported that the master development plan (MDP) for Snowden Bridge proposes a revision to the layout of the previously -approved MDF #05-07 for a residential planned community on 231 acres. Ms. Powers stated that this application proposes the addition of a right -in, right -out lane entrance along the major collector road identified as Snowden Bridge Boulevard. She pointed out that this was a previously -existing cul-de-sac, Dutchman Court, which is being extended out to the new major collector road. Ms. Powers said the application appears to meet all the transportation and design requirements for the zoning ordinance and it remains in conformance with all of the associated proffers. Mr. Evan A: Wyatt, with Greenway Engineering, was representing this MDP application. Commissioner Oates asked Mr. Wyatt if the parcel to be dedicated to the County was the Land Bay H property. Mr. Wyatt replied there were two parcels, Land Bay I, a 20 -acre parcel proffered for the dedicated public school site, and a 24 -acre parcel was dedicated for a public park. Commissioner Oates inquired if North Umberland will have sufficient right-of-way to access Land Bay Il, since Dutchman Court will end in a cul-de-sac. Mr. Wyatt stated that North Umberland was originally designed as a public street terminating at the public park area and a tie-in could be designed, if the park desired. However, VDOT was concerned that Dutchman Court would only be able to handle a smaller volume of traffic because it has a different right-of-way width. He said a narrative was included on the plan which states it will not extend into the public park area. Mr. Wyatt said that North Umberland, therefore, provides access into the corner of the park and Dutchman Court will have a cul-de-sac. Mr. Wyatt added that trail systems throughout the development will provide pedestrian access to the park and the school site. Chairman Wilmot called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the meeting. Commissioner Oates stated that this MDP was approved by the Board of Supervisors in lieu of Route 37; however, it was his understanding that the County will be seeing Route 37 on future MDPs by the applicant, particularly the plan shown back in 2005. With that in mind, Commissioner Oates made a motion to recommend approval of MDP #04-08 of Snowden Bridge as presented with the expectation that all future plans by the applicant show Route 37, and furthermore, he recommended the staff be given administrative approval authority for this MDP. This motion was seconded by Commissioner Ruckman and unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #04-08 for Snowden Bridge, submitted by Greenway Engineering, for a revision to the layout of the previously -approved MDP #05-07, specifically, with the addition of a right -in, right - out entrance along Snowden Bridge Boulevard. Be It Further Resolved that approval is being recommended with the expectation that all future Snowden Bridge plans show Route 37. The Planning Commission does also recommend that staff be granted administrative approval authority for this MDP. (Note: Commissioner Triplett was absent from the meeting.) Frederick County Planning Commission Minutes of June 4, 2008 Page 2262 OTHER APPOINTMENT TO CPPS — H. PAIGE MANUEL Chairman Wilmot thanked Commissioner H. Paige Manuel, who has been working with the Development Review and Regulations Subcommittee (DRRS) on the NAICS conversion. Chairman Wilmot announced that Commissioner Manuel will be switching over to the Comprehensive Plans and Programs Subcommittee (CPPS); however, he has agreed to stay with the NAICS Work Group until the completion of the conversion. RICHARD RUCKMAN— CERTIFIED PLANNING COMMISSIONER Chairman Wilmot announced that Commissioner Richard Ruckman has received his Planning Commissioner Certification from the Citizens Planning Education Association of Virginia (CPEAV). ADJOURNMENT There being no further business to discuss, the meeting adjourned at 7:45 p -m. by a unanimous vote. Respectfully submitted, June M. Wilmot, Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Minutes of June 4, 2008 Page 2263 C-OUNTY of FREDERICK Department of Planning and Developraeni 540/665-56S1 MEMORANDUM 1iAX: 540/665-6395 TO: Planning Commission FROMEric R. Lawrence, AICP, Planning DirectorV�f SUBJECT: PUBLIC HEARING — Proposed RA Zoning District Ordinance Amendments DATE: July 2, 2008 Over the past few months; the County has discussed various amendments to the lot size and density standards of the Rural Areas (RA) Zoning District, Chapter 165 Article V of the Frederick County Code. Key elements of the proposed ordinance amendments address such standards as permitted density, lot size, and Rural Preservation Tract set-aside parcel percentage. Aspects of the amendments have been discussed by the Development Review and Regulations Subcommittee (DRRS), the Planning Commission, and most recently by the Board of Supervisors. On June 25, 2008, the Board of Supervisors directed staff to proceed with these proposed amendments through the public hearing process. These proposed ordinance amendments will be presented to the Planning Commission on July 16, 2008, and following a public hearing, it would be appropriate for the Commission to forward a recommendation (on the proposed Ordinance Amendment as well as the Implementation Strategy) to the Board of Supervisors. Proposed Ordinance Amendment - Summary The proposed Rural Area Zoning District ordinance amendments include: changes to decrease the permitted lot density from one unit per five acres generally to one unit per ten acres in all of the RA District; change the general minimum lot size in all of the RA District, except for family division lots and rural preservation lots, from five acres to ten acres; as well as revisions to the famiiy division and rural preservation subdivision requirements. The changes to the Frederick County Code's Zoning and Subdivision Ordinances are as follows: 107 North Dent Street, Suite 202 - Winchester, Virginia 22601-5000 Planning Commission RE: PUBLIC HEARING — Proposed RA Zoning Amendment Changes July 2, 2008 Page 2 • Section 165-49 — Purpose and Intent — Revision to change the lot density generally in all of the RA District from one unit per five acres to one unit per ten acres. • Section 165-52A — Permitted Residential Density, Exception — Revision to change the lot density generally in all of the RA District from one unit per five acres to one unit per ten acres and to clarify that the density is determined by the size of the parent tract as of December 11, 1991 (the date of the previous amendment to the section). • Section 165-52B — Permitted Residential Density, Exception — Revision to change the exception to permitted density generally in all of the RA District, currently allowed for lots containing between seven and ten acres, to allow the exception for lots containing between twelve and twenty acres; revision to clarify that eligibility for the exception is determined by the size of the parent tract as of December 11, 1991 (the date of the previous amendment to the section), revision to change the lot density generally in all of the RA District from one unit per five acres to one unit per ten acres; and revision to provide that rural preservation lots count against the permitted density of a rural preservation subdivision. • Section 165-54A — Permitted lot sizes — Traditional five acre lots - Revisions to change the general minimum lot size in all of the RA District, except for family division lots and rural preservation lots, from five acres to ten acres. • Section 165-54B — Permitted lot sizes — Family division lots — Revision to clarify that eligibility for the exception is determined by the size of the parent tract as of December 11, 1991 (the date of the previous amendment to the section). • Section 165-54C — Permitted lot sizes — Agricultural lots — Revision to eliminate the provision for five acre agricultural lots as a permitted lot type in the RA District. • Section 165-54D — Permitted lot sizes — Rural preservation lots — Revisions to change from 40% to 60% the minimum percentage of the parent tract that must be preserved as a rural preservation lot. • Section 165-55A — Setback requirements — Traditional five -acre lots — Revisions to change traditional five acre lot to ten acre lot. • Section 165-55D— Setback requirements — Accessory uses — Revisions to change traditional five acre lot to ten acre lot. Planning Commission RE: PUBLIC HEARING — Proposed RA Zoning Amendment Changes July 2, 2008 Page 3 • Section 165-56B — Maximum depth — Revision to make rural preservation tracts exempt from the requirement that the maximum depth of any lot shall not exceed four times the width of the lot at its front setback line. • Section 144-2 — Definitions and word usage — Revisions to the definition of major rural subdivision and major rural subdivision to change traditional five acre lot to ten acre lot and to remove references to five acre agricultural lots. • Section 144-31B — Major rural subdivisions - Revisions to remove reference to five acre agricultural lots. • Section 144-31C — Minor rural subdivisions - Revisions to change traditional five acre lot to ten acre lot and to remove references to five acre agricultural lots. The full length black -lined version of this proposed ordinance amendment is attached. Proposed Implementation Strategy In recognition of property owners who may have been involved in the process of subdividing their RA zoned properties at the time the ordinance amendments are considered, staff suggests that a policy ("grace period") be established to enable a pending subdivision to proceed through the subdivision process (Preliminary Sketch and Final Plat approval). Such a policy should include a Preliminary Sketch application submission deadline, as well as a final plat approval deadline. Both the Sketch and Plat are required steps in the subdivision process, and represent progress milestones when subdividing property. The Preliminary Sketch application is less involved than the Final Plat process and, therefore, may require less time to accomplish. The Preliminary Sketch process is predominantly a planning exercise, and conceptual site layout. The Final Plat process involves obtaining Health Department and VDOT approvals, and is more complex and involved, requiring more coordination, design and engineering work. Therefore, the Board may consider adopting the following implementation strategy policy to coincide with the consideration of the ordinance amendments. Proposed policy statement to enable a pending subdivision exemption from the proposed ordinance amendments: • A complete Preliminary Sketch application must be submitted to the County Planning Department by July 1, 2008; and, Planning Commission RE: PUBLIC HEARING — Proposed RA Zoning Amendment Changes July 2, 2008 Page 4 • Final Plats must receive the Subdivision Administrator's approval by January 9, 2009. Attachments: Proposed RA Zoning District Ordinance Amendments 1. Existing Ordinance. 2. Existing Ordinance with proposed deletions shown in blackline and additions shown in bold italics. [version 6.25.08] 3. Proposed Ordinance (clean version). [version 6.25.08] ERL/bad Draft RA Ordinance Amendments Version 06.25.08 Chapter 165, ZONING ARTICLE V RA Rural Areas District § 165.49. Purpose and intent. [Amended 12-11-1991] ATTACHMENT 1 Existing Ordinance A. The purpose of the rural area regulations is to preserve large, open parcels of land, tree cover, scenic views, sensitive environmental areas and prime agricultural and locally significant soils. The regulations provide for a variation in lot size, at a density not to exceed one unit per five acres. The varying lot size is permitted in order to facilitate designs that blend in with the existing landscape and preserve some larger tracts of undeveloped land in order to maintain the rural character of the County, as well as provide a choice to home buyers. B. The regulations are intended to reduce environmental impacts, such as soil erosion, by requiring development which is sensitive to the existing features of the natural terrain and by reducing the amount of clearing needed for roads. Diversity and originally in lot layout are encouraged in order to achieve the best possible relationship between the development and the land. Individual lots and streets should be designed to minimize alteration of the natural site features, relate positively to surrounding properties and protect the views from surrounding areas. It is intended that by allowing flexibility in the subdivision design, while at the same time requiring that environmental concerns be addressed, a more attractive, environmentally sound and economically viable development will result. § 165-50. Permitted uses. Structures and land shall be used for one of the following uses: A. Agriculture, farming, dairies and forestry. B. Orchards, horticulture and the production of nursery stock and products. C. Single-family dwellings. D. Mobile homes. E. Schools (without residential component). [Amended 10-27-19991 F. Public parks and playgrounds. G. Churches. H. Home occupations. 1 Drain RA Ordinance Amendments Version 0625.08 I. Natural conservation areas. J. Winchester Airport. K. Group homes L. Fire stations, companies and rescue squads. M. Frederick County sanitary landfill. ATTACHMENT 1 Existing Ordinance N. Commercial and institutional cemeteries with or without funeral homes or cemetery office complexes. O. Post offices. P. Radio and television towers and their accessory buildings Q. Public utility generating, booster or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities, railroad facilities and sewer and water facilities and lines owned by public utilities, railroad companies or public agencies. R. Required off-street parking. S. Oil and natural gas exploration, provided that the following requirements are met: (1) All requirements of the Code of Virginia, as amended, and all applicable federal, state and local regulations shall be met. (2) A site plan shall be reviewed and approved meeting all requirements of the Frederick County Code. (3) Approval of the site plan and use shall be for 90 days, with subsequent renewals being approved by the Planning Commission. (4) In order to begin extraction of the resources, a rezoning to the EM Extractive Manufacturing Zoning District will be required. T. Museums, parks or historic sites used for educational or historic preservation purposes. U. Business signs. V. Signs allowed in § 165-30B. [Amended 2-13-20081 W. Cottage occupation signs. X. Accessory uses. 2 Draft RA Ordinance Amendments ATTACHMENT 1 Version 06.25.08 Existing Ordinance Y. Poultry farms and hatcheries and egg production. [Added 4-26-19951 Z. Fish hatcheries and fish production. [Added 4-26-199.5] AA. Hog farming. It shall be unlawful for any person to have or maintain or to permit to be erected, in the County, any hog pen that is located closer than 200 feet to a residence or an adjoining property that is used for human habitation. [Added 4-26-19951 BB. Local government services office. [Added 11-10-20041 CC. Residential subdivision identification signs. [Added 2-13-20081 § 165-51. Conditional uses. The following uses of structures and land shall be allowed only if a conditional use pen -nit has been granted for the use: A. (Reserved)i B. (Reserved)2 C. (Reserved)3 D. Fruit packing plants. E. Manufacture or sale of feed and other farm supplies and equipment. F. Off -premises wayside stands. G. Country general stores. H. Service stations. I. Antique shops. J. Restaurants. K. Kennels. L. Television or radio stations. M. Motels. N. Auction houses. O. Campgrounds, tourist camps, recreation areas and resorts. 3 Draft RA Ordinance Amendments ATTACHMENT 1 Version 06.25.08 Existing Ordinance P. Commercial outdoor recreation, athletic or park facilities. Q. Nationally chartered fraternal lodges or civic clubs, social centers and their related facilities. R. Sawmills and planing mills, Type B. S. Ambulance services. T. Retailing or wholesaling of nursery stock and related products. U. Landscape contracting businesses. V. Public garages without body repair, provided that the following conditions are met: (1) All repair work shall take place entirely within an enclosed structure. (2) All exterior storage of parts and equipment shall be screened from the view of surrounding properties by an opaque fence or screen at least five feet in height. This fence or screen shall be adequately maintained. W. Public garages with body repair, provided that the following conditions are met: (1) All repair work shall take place entirely within an enclosed structure. (2) All exterior storage of parts and equipment shall be screened from the view of surrounding properties by an opaque fence or screen at least five feet in height. This fence or screen shall be adequately maintained. X. Sand, shale and clay mining, provided that the following conditions are met: (1) All mining shall be above the mean, existing grade level of a parcel of land. (2) All mining operations shall meet all applicable requirements of state and federal agencies. (3) Such mining operations shall meet the landscaping and screening requirements, supplementary regulations, height, area and bulk regulations and site plan requirements contained in the EM Extractive Manufacturing District regulations. Y. Cottage occupations. Z. Veterinary office, clinic or hospital, including livestock services. [Amended 8- 11 Draft KA Ordinance Amendments Version 0625.08 24-2004] AA. Day-care facilities. [Added 8-8-19901 BB. Humanitarian aid organizational office. [Added 1-27-19991 CC_ Schools (with residential component). [Added 10-27-19991 DD. Fruit and vegetable stands (SIC 5431). [Added 8-24-2004] EE. Blacksmith shops (SIC 7699). [Added 8-240-20041 FF. Farriers (SIC 7699). [Added 8-24-20041 GG. Horseshoeing (SIC 7699). [Added 8-24.20041 HH. Taxidermists (SIC 7699). [Added 8-24-2004] § 165-52. Permitted residential density; exception. [Amended 12-11-1991] ATTACHMENT 1 Existing Ordinance A. The maximum density permitted on any parcel or group of parcels shall not exceed the equivalent of one unit per five acres as determined by the size of the parent tract as it existed on the date of adoption of this section. B. Exception to permitted density. On lots containing between seven and ten --acres which were lots of record prior to the adoption of this article, lots of two or more acres may be created despite the density limit of one unit per five acres, provided that they meet the requirements of § 165-54B of this chapter. Within subdivisions utilizing rural preservation lots, the forty -percent parcel shall not count against the permitted density of the parent tract. § 165-53. Minimum lot size. [Amended 12-11-1991] The minimum lot size for permitted uses shall be two acres. § 165-54. Permitted lot sizes. [Amended 8-8-1990; 12-11-1991] The following types of lots shall be permitted: A. Traditional five acre lots. On any parcel, lots of five acres in size or greater shall be permitted. B. Family division lots. On any parcel which contained seven acres or more prior to the adoption of this article, lots as small as two acres may be created, provided that the following conditions are met: [Amended 7-10-20021 5 Dratt RA Ordinance Amendments ATTACHMENT 1 Version 06.25.08 Existing Ordinance (1) Lots are conveyed to members of the immediate family of the owner of record of the parent tract. (2) Only one such lot shall be permitted per immediate family member. (3) One parcel of at least five acres in size shall remain intact following the division. (4) The creation of all such lots shall be in accordance with the provisions of the Frederick County Subdivision Chapter and § 15.2-2244 of the Code of Virginia. C. Agricultural lots. Parcels of five acres or more in size may be created for legitimate agricultural purposes, as defined by this chapter, provided that the parcels created qualify for land use assessment. D. Rural preservation lots. (1) Within the RA Rural Areas District, lots as small as two acres shall be permitted on tracts over 20 acres in size, subject to the following: [Amended 10-13-19931 (a.) Forty percent or more of the parent tract shall remain intact as a contiguous parcel (Rural Preservation Tract). [Amended 2-28-20071 (b.) This acreage must be designated prior to the division of the fourth lot. (c) No future division of this designated Rural Preservation Tract shall be permitted. [Amended 2-28-20071 (2) Exception to the Rural Preservation Tract. In cases where excessive topography or other natural features of a site create a situation where a higher quality subdivision design, resulting in less physical and/or visual disruption could be achieved by allowing two residual parcels to be created, the Planning Commission may permit the 40% to be made up of two parcels. [Amended 2-28-20071 (3) Board of Supervisors waiver of division restriction. [Amended 2-28-20071 (a) The designated Rural Preservation Tract may be released from the restrictions of Subsection D(1) after a period of ten years from its creation through the rezoning process. (b) The rezoning shall be consistent with the goals of the Frederick County Comprehensive Policy Plan in effect at the time of the rezoning application. Draft RA Ordinance Amendments Version 0625.08 ATTACHMENT 1 Existing Ordinance (c) The designated Rural Preservation Tract which is within the Urban Development Area (UDA) at the time of its creation, or is included within the UDA as a result of a future expansion of the UDA, shall be eligible for rezoning at that point and shall not be subject to the ten-year restriction on rezoning. § 165-55. Setback requirements. [Amended 12-11-1991; 6-9-19931 The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District. A. Traditional five acre lots and family division lots. Setbacks from traditional five acre lots and family division lots shall be as set out below. [Amended 2-28-20071 (1) Front setbacks. The front setback for any principal or accessory use or structure located on a traditional five acre lot shall be 60 feet from the property line or right-of-way of the street, road or ingress -egress easement. (2) Side or rear setbacks. The minimum side or rear setback for any principal use or structure shall be determined by the primary use of the adjoining parcel as follows: Setback (Side and Rear) Adjoining Parcel Size feet 6 acres or less 50 More than 6 acres 100 Orchard 200 Agricultural and Forestal District 200 B. Rural preservation lots. The minimum setbacks from rural preservation lot lines which adjoin other rural preservation lots shall be as set out below. Side and rear setbacks from rural preservation lot lines which adjoin any parcel other than another rural preservation lot shall be determined by § 165-55A(2) of this chapter. (1) Front setback. The front setback for any principal or accessory use or structure shall be 60 feet from the right-of-way of any existing state -maintained road and 45 feet from the right-of-way of any existing private ingress/egress easement or state -maintained road constructed to serve the subdivision. (2) Side setback. No principal use or structure shall be located closer than 15 feet from any side lot line. (3) Rear setback. No principal use or structure shall be located closer than 40 feet from any rear lot line. C. Board waiver. The Board may allow the above -referenced setbacks to be reduced if the constraints of the setbacks create an undue hardship on existing parcels of record. Such 7 Dratt RA Ordinance Amendments Version 06.25.08 ATTACHMENT I Existing Ordinance requests and justification to reduce the setbacks shall be presented to the Planning Commission for a recommendation that is forwarded to the Board of Supervisors. [Amended 9-25-2002; 3-28-20071 D. Accessory uses. The minimum setback for any accessory use or structure shall be 15 feet from any side or rear property line of a traditional five acre lot or any side or rear property line of a rural preservation lot. § 165-56. Minimum width; maximum depth. [Amended 9-12-1990; 12-11-1991) A. Minimum width. The minimum width for rural preservation lots fronting on roads proposed for dedication shall be 200 feet at the front setback, with the exception of lots fronting on the turnaround of a cul-de-sac, which shall have a minimum width at setback of 100 feet. The minimum width for all other lots shall be 250 feet at the front setback line. B. Maximum depth. The maximum depth of any lot shall not exceed four times its width at the front setback line. § 165-57. Height restriction. No structure shall exceed 35 feet in height. E Draft RA Ordinance Amendments Version 06.25.08 Chapter 144, Subdivision of Land ARTICLE II Definitions ATTACHMENT 1 Existing Ordinance § 144-2. Definitions and word usage. [Amended 6-9-1993; 11-12-2003; 4-26-2005; 2-28- 2007] SUBDIVISION, MAJOR RURAL — Any subdivision resulting in the cumulative total of four or more traditional five- acre lots, family division lots, agricultural lots -or rural preservation lots from a single parcel in the RA Rural Area District. SUBDIVISION, MINOR RURAL — Any subdivision resulting in the cumulative total of three or fewer traditional five acre lots, family division lots, agricultural lots or rural preservation lots from a single parcel in the RA Rural Area District. Chapter 144, Subdivision of Land ARTICLE V Design Standards § 144.31. Rural subdivisions. The requirements of this section shall apply to all subdivisions of land zoned RA (Rural Areas) under Article V of Chapter 165, Zoning, of the Frederick County Code. B. Major rural subdivisions. (1) Any subdivision which results in a cumulative total of more than three lots being divided from a single parent parcel within the RA (Rural Areas) Zone shall be considered a major rural subdivision. Lots described in § 165-54B, Family division lots; and § 165-54C, Agricultural lots, of Chapter 165, Zoning, of the Frederick County Code, shall not count toward this three -lot limit. Prior to review and approval of final plats for such divisions, a preliminary sketch plan must be reviewed and approved by the Zoning Administrator. (2) Access. All roads serving lots within a major rural subdivision shall be built to the Tertiary Subdivision Street Standards of the Virginia Department of Transportation and dedicated to Frederick County for eventual acceptance into the state secondary road system. [Amended 6-9-19931 C. Minor rural subdivisions. (1) The division of the following types of lots are permitted under the regulations for minor rural subdivision: (a) Lots described by § 165-54B, Family division lots; and § 165-54C, Agricultural lots, of Chapter 165, Zoning, of the Frederick County W Draft RA Ordinance Amendments ATTACHMENT 1 Version 06.25.08 Existing Ordinance Code. (b) Lots described in § 165-54A, Traditional five- acre lots, and § 165-54D, Rural preservation lots, provided that a total of no more than three such lots may be created from any one parcel under these regulations. 10 Draft RA Ordinance Amendments Version 06.25.08 Chapter 165, ZONING ARTICLE V RA Rural Areas District § 165.49. Purpose and intent. [Amended 12-11-19911 ATTACHMENT 2 Existing Ordinance with Changes A. The purpose of the rural area regulations is to preserve large, open parcels of land, tree cover, scenic views, sensitive environmental areas and prime agricultural and locally significant soils. The regulations provide for a variation in lot size, at a density not to exceed one unit per five ten acres. The varying lot size is permitted in order to facilitate designs that blend in with the existing landscape and preserve some larger tracts of undeveloped land in order to maintain the rural character of the County, as well as provide a choice to home buyers. B. The regulations are intended to reduce environmental impacts, such as soil erosion, by requiring development which is sensitive to the existing features of the natural terrain and by reducing the amount of clearing needed for roads. Diversity and originally in lot layout are encouraged in order to achieve the best possible relationship between the development and the land. Individual lots and streets should be designed to minimize alteration of the natural site features, relate positively to surrounding properties and protect the views from surrounding areas. It is intended that by allowing flexibility in the subdivision design, while at the same time requiring that environmental concerns be addressed, a more attractive, environmentally sound and economically viable development will result. § 165-50. Permitted uses. Structures and land shall be used for one of the following uses: A. Agriculture, farming, dairies and forestry. B. Orchards, horticulture and the production of nursery stock and products. C. Single-family dwellings. D. Mobile homes. E. Schools (without residential component). [Amended 10-27-19991 F. Public parks and playgrounds. G. Churches. H. Home occupations. 1 Dratt RA Ordinance Amendments Version 06.25.08 I. Natural conservation areas. J. Winchester Airport. K. Group homes L. Fire stations, companies and rescue squads. M. Frederick County sanitary landfill. ATTACHMENT 2 Existing Ordinance with Changes N. Commercial and institutional cemeteries with or without funeral homes or cemetery office complexes. O. Post offices. P. Radio and television towers and their accessory buildings Q. Public utility generating, booster or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities, railroad facilities and sewer and water facilities and lines owned by public utilities, railroad companies or public agencies. R. Required off-street parking. S. Oil and natural gas exploration, provided that the following requirements are met: (1) All requirements of the Code of Virginia, as amended, and all applicable federal, state and local regulations shall be met. (2) A site plan shall be reviewed and approved meeting all requirements of the Frederick County Code. (3) Approval of the site plan and use shall be for 90 days, with subsequent renewals being approved by the Planning Commission. (4) In order to begin extraction of the resources, a rezoning to the EM Extractive Manufacturing Zoning District will be required. T. Museums, parks or historic sites used for educational or historic preservation purposes. U. Business signs. V. Signs allowed in § 165-30B. [Amended 2-13-20081 W. Cottage occupation signs. X. Accessory uses. N Dram RA Ordinance Amendments Version 06.25.08 ATTACHMENT 2 Existing Ordinance with Changes Y. Poultry farms and hatcheries and egg production. [Added 4-26-1995] Z. Fish hatcheries and fish production. [Added 4-26-19951 AA. Hog farming. It shall be unlawful for any person to have or maintain or to permit to be erected, in the County, any hog pen that is located closer than 200 feet to a residence or an adjoining property that is used for human habitation. [Added 4-26-19951 BB. Local government services office. [Added 11-10-20041 CC. Residential subdivision identification signs. [Added 2-13-20081 § 165-51. Conditional uses. The following uses of structures and land shall be allowed only if a conditional use pen -nit has been granted for the use: A. (Reserved)i - B. (Reserved)2 C. (Reserved)3 D. Fruit packing plants. E. Manufacture or sale of feed and other farm supplies and equipment. F. Off -premises wayside stands. G. Country general stores. H. Service stations. I. Antique shops. J. Restaurants. K. Kennels. L. Television or radio stations. M. Motels. N. Auction houses. O. Campgrounds, tourist camps, recreation areas and resorts. 3 Dram RA Ordinance Amendments ATTACHMENT 2 Version 06.25.08 Existing Ordinance with Changes P. Commercial outdoor recreation, athletic or park facilities. Q. Nationally chartered fraternal lodges or civic clubs, social centers and their related facilities. R. Sawmills and planing mills, Type B. S. Ambulance services. T. Retailing or wholesaling of nursery stock and related products. U. Landscape contracting businesses. V. Public garages without body repair, provided that the following conditions are met: (1) All repair work shall take place entirely within an enclosed structure. (2) All exterior storage of parts and equipment shall be screened from the view of surrounding properties by an opaque fence or screen at least five feet in height. This fence or screen shall be adequately maintained. W. Public garages with body repair, provided that the following conditions are met: (l) All repair work shall take place entirely within an enclosed structure. (2) All exterior storage of parts and equipment shall be screened from the view of surrounding properties by an opaque fence or screen at least five feet in height. This fence or screen shall be adequately maintained. X. Sand, shale and clay mining, provided that the following conditions are met: (1) All mining shall be above the mean, existing grade level of a parcel of land. (2) All mining operations shall meet all applicable requirements of state and federal agencies. (3) Such mining operations shall meet the landscaping and screening requirements, supplementary regulations, height, area and bulk regulations and site plan requirements contained in the EM Extractive Manufacturing District regulations. Y. Cottage occupations. Z. Veterinary office, clinic or hospital, including livestock services. [Amended 8- F Draft RA Ordinance Amendments ATTACHMENT 2 Version 0625.08 Existing Ordinance with Changes 24-2004] AA. Day-care facilities. [Added 8-8-19901 BB. Humanitarian aid organizational office. [Added 1-27-19991 CC. Schools (with residential component). [Added 10-27-19991 DD. Fruit and vegetable stands (SIC 5431). [Added 8-24-20041 EE. Blacksmith shops (SIC 7699). [Added 8-240-20041 FF. Farriers (SIC 7699). [Added 8-24-20041 GG. Horseshoeing (SIC 7699). [Added 8-24-2004] HH. Taxidermists (SIC 7699). [Added 8-24-20041 § 165-52. Permitted residential density; exception. [Amended 12-11-1991] A. The maximum density permitted on any parcel or group of parcels shall not exceed the equivalent of one unit per five ten acres as determined by the size of the parent tract as it existed on the date „f adoption of this seetion. December 11, 1991. B. Exception to permitted density. On lots containing between seven and tern -twenty acres which were lots of record prior to the adeptien of this aftiele December 11, 1991, lots of two or more acres may be created despite the density limit of one unit per five ten acres, provided that they meet the requirements of § 165-54B of this chapter. In no case may more than two (2) family division lots be created using this exception. W4thi against the p ,muted density „f the parent tr-ae+ § 165-53. Minimum lot size. [Amended 12-11-1991] The minimum lot size for permitted uses shall be two acres. § 165-54. Permitted lot sizes. [Amended 8-8-1990; 12-11-1991] The following types of lots shall be permitted: A. Traditional Ten acre lots. On any parcel, lots of five ten acres in size or greater shall be permitted. B. Family division lots. On any parcel which contained seven acres or more prior to the adoption of this affiele December 11, 1991, lots as small as two acres may be created, provided that the following conditions are met: [Amended 7-10-20021 5 Draft RA Ordinance Amendments Version 06.25.08 ATTACHMENT 2 Existing Ordinance with Changes (1) Lots are conveyed to members of the immediate family of the owner of record of the parent tract. (2) Only one such lot shall be permitted per immediate family member. (3) One parcel of at least five acres in size shall remain intact following the division. (4) The creation of all such lots shall be in accordance with the provisions of the Frederick County Subdivision Chapter and § 15.2-2244 of the Code of Virginia. D. Rural preservation lots. (1) Within the RA Rural Areas District, lots as small as two acres shall be permitted on tracts over 20 acres in size, subject to the following: [Amended 10-13-19931 (a.) Fe#y Sixty percent or more of the parent tract shall remain intact as a contiguous parcel (Rural Preservation Tract). [Amended 2-28-20071 (b.) This acreage must be designated prior to the division of the fourth lot. (c.) No future division of this designated Rural Preservation Tract shall be permitted. [Amended 2-28-20071 (2) Exception to the Rural Preservation Tract. In cases where excessive topography or other natural features of a site create a situation where a higher quality subdivision design, resulting in less physical and/or visual disruption could be achieved by allowing two residual parcels to be created, the Planning Commission may permit the 400%' 60% to be made up of two parcels. [Amended 2-28-20071 (3) Board of Supervisors waiver of division restriction. [Amended 2-28-20071 (a) The designated Rural Preservation Tract may be released from the restrictions of Subsection D(1) after a period of ten years from its creation through the rezoning process. (b) The rezoning shall be consistent with the goals of the Frederick County Comprehensive Policy Plan in effect at the time of the rezoning application. Draft RA Ordinance Amendments Version 06.25.08 ATTACHMENT Existing Ordinance with Changes (c) The designated Rural Preservation Tract which is within the Urban Development Area (UDA) at the time of its creation, or is included xxnth' the LDA as a result of a fixture expansion of the 'DA, shall be eligible for rezoning at that point and shall not be subject to the ten-year restriction on rezoning. § 165-55. Setback requirements. [Amended 12-11-1991; 6-9-19931 The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District. A Tfaditional Ten acre lots and family division lots. Setbacks from tradi ona fi -ten acre lots and family division lots shall be as set out below. [Amended 2-28-2007] . (1) Front setbacks. The front setback for any principal or accessory use or structure located on a imditi^„^' five- ten acre lot shall be 60 feet from the property line or right-of-way of the street, road or ingress -egress easement. (2) Side or rear setbacks. The minimum side or. rear setback for any principal use or structure shall be determined by the primary use of the adjoining parcel as follows: Setback (Side and Rear) Adjoining Parcel Size feet 6 acres or less 50 More than 6 acres 100 Orchard 200 Agricultural and Forestal District 200 B. Rural preservation lots. The minimum setbacks from rural preservation lot lines which adjoin other rural preservation lots shall be as set out below. Side and rear setbacks from rural preservation lot lines which adjoin any parcel other than another rural preservation lot shall be determined by § 165-55A(2) of this chapter. (1) Front setback. The front setback for any principal or accessory use or structure shall be 60 feet from the right-of-way of any existing state -maintained road and 45 feet from the right-of-way of any existing private ingress/egress easement or state -maintained road constructed to serve the subdivision. (2) Side setback. No principal use or structure shall be located closer than 15 feet from any side lot line. (3) Rear setback. No principal use or structure shall be located closer than 40 feet from any rear lot line. C. Board waiver. The Board may allow the above -referenced setbacks to be reduced if the 7 Draft RA Ordinance Amendments Version 06.25.08 ATTACHMENT Existing Ordinance with Changes constraints of the setbacks create an undue hardship on existing parcels of record. Such requests and justification to reduce the setbacks shall be presented to the Planning Commission for a recommendation that is forwarded to the Board of Supervisors. [Amended 9-25-2002; 3-28-20071 D. Accessory uses. The minimum setback for any accessory use or structure shall be 15 feet from any side or rear property line of a tiFad4ienal ten acre lot or any side or rear property line of a rural preservation lot. § 165-56. Minimum width; maximum depth. [Amended 9-12-1990; 12-11-1991] A. Minimum width. The minimum width for rural preservation lots fronting on roads proposed for dedication shall be 200 feet at the front setback, with the exception of lots fronting on the turnaround of a cul-de-sac, which shall have a minimum width at setback of 100 feet. The minimum width for all other lots shall be 250 feet at the front setback line. B. Maximum depth. The maximum depth of any lot shall not exceed four times its width at the front setback line. Within subdivisions utilizing rural preservation lots, the sixty - percent parcel (Rural Preservation Tract) shall be exempt from the maximum depth requirement. § 165-57. Height restriction. No structure shall exceed 35 feet in height. Draft RA Ordinance Amendments Version 06.25.08 Chapter 144, Subdivision of Land ARTICLE II Definitions ATTACHMENT 2 Existing Ordinance with Changes § 144-2. Definitions and word usage. [Amended 6-9-1993; 11-12-2003; 4-26-2005; 2-28- 2007] SUBDIVISION, MAJOR RURAL — Any subdivision resulting in the cumulative total of four or more tfaditiona five -ten acre lots, family division lots, a eulta-a or rural preservation lots from a single parcel in the RA Rural Area District. SUBDIVISION, MINOR RURAL — Any subdivision resulting in the cumulative total of three or fewer traditional fi - ten acre lots, family division lots, a9fieultafal4ets or rural preservation lots from a single parcel in the RA Rural Area District. Chapter 144, Subdivision of Land ARTICLE V Design Standards - § 144.31. Rural subdivisions. The requirements of this section shall apply to all subdivisions of land zoned RA (Rural Areas) under Article V of Chapter 165, Zoning, of the Frederick County Code. C Major rural subdivisions. (1) Any subdivision which results in a cumulative total of more than three lots being divided from a single parent parcel within the RA (Rural Areas) Zone shall be considered a major rural subdivision. Lots described in § 165-54B, Family division lots;—and- -165 54G, Agf=c 'annfal lots, of Chapter 165, Zoning, of the Frederick County Code, shall not count toward this three -lot limit. Prior to review and approval of final plats for such divisions, a preliminary sketch plan must be reviewed and approved by the Zoning Administrator. (2) Access. All roads serving lots within a major rural subdivision shall be built to the Tertiary Subdivision Street Standards of the Virginia Department of Transportation and dedicated to Frederick County for eventual acceptance into the state secondary road system. [Amended 6-9-19931 Minor rural subdivisions. (1) The division of the following types of lots are permitted under the regulations for minor rural subdivision: (a) Lots described by § 165-54B, Family division lots; a -ad § 165 54C—,, Agri^ ltura ots-, of Chapter 165, Zoning, of the Frederick County Draft RA Ordinance Amendments ATTACHMENT 2 Version 06.25.08 Existing Ordinance with Changes Code. (b) Lots described in § 165-54A, T-faditional rive Ten acre lots, and § 165- 541), Rural preservation lots, provided that a total of no more than three such lots may be created from any one parcel under these regulations. 10 Draft RA Ordinance Amendments Version 06.25.08 Chapter 165, ZONING ARTICLE V RA Rural Areas District 5 165.49. Purpose and intent. [Amended 12-11-1991] ATTACHMENT Proposed Ordinance A. The purpose of the rural area regulations is to preserve large, open parcels of land, tree cover, scenic views, sensitive environmental areas and prime agricultural and locally significant soils. The regulations provide for a variation in lot size, at a density not to exceed one unit per ten acres. The varying lot size is permitted in order to facilitate designs that blend in with the existing landscape and preserve some larger tracts of undeveloped land in order to maintain the rural character of the County, as well as provide a choice to home buyers. B. The regulations are intended to reduce environmental impacts, such as soil erosion, by requiring development which is sensitive to the existing features of the natural terrain and by reducing the amount of clearing needed for roads. Diversity and originally in lot layout are encouraged in order to achieve the best possible relationship between the development and the land. Individual lots and streets should be designed to minimize alteration of the natural site features, relate positively to surrounding properties and protect the views from surrounding areas. It is intended that by allowing flexibility in the subdivision design, while at the same time requiring that environmental concerns be addressed, a more attractive, environmentally sound and economically viable development will result. § 165-50. Permitted uses. Structures and land shall be used for one of the following uses: A. Agriculture, farming, dairies and forestry. B. Orchards, horticulture and the production of nursery stock and products. C. Single-family dwellings. D. Mobile homes. E. Schools (without residential component). [Amended 10-27-19991 F. Public parks and playgrounds. G. Churches. H. Home occupations. 1 Dratt RA Ordinance Amendments Version 06.25.08 L Natural conservation areas. J. Winchester Airport. K. Group homes L. Fire stations, companies and rescue squads. M. Frederick County sanitary landfill. ATTACHMENT Proposed Ordinance N. Commercial and institutional cemeteries with or without funeral homes or cemetery office complexes. O. Post offices. P. Radio and television towers and their accessory buildings Q. Public utility generating, booster or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities, railroad facilities and sewer and water facilities and lines owned by public utilities, railroad companies or public agencies. R. Required off-street parking. S. Oil and natural gas exploration, provided that the following requirements are met: (1) All requirements of the Code of Virginia, as amended, and all applicable federal, state and local regulations shall be met. (2) A site plan shall be reviewed and approved meeting all requirements of the Frederick County Code. (3) Approval of the site plan and use shall be for 90 days, with subsequent renewals being approved by the Planning Commission. (4) In order to begin extraction of the resources, a rezoning to the EM Extractive Manufacturing Zoning District will be required. T. Museums, parks or historic sites used for educational or historic preservation purposes. U. Business signs. V. Signs allowed in § 165-30B. [Amended 2-13-20081 W. Cottage occupation signs. X. Accessory uses. 2 Dratt RA Ordinance Amendments ATTACHMENT 3 Version 06.25.08 Proposed Ordinance Y. Poultry farms and hatcheries and egg production. [Added 4-26-19951 Z. Fish hatcheries and fish production. [Added 4-26-1995] AA. Hog farming. It shall be unlawful for any person to have or maintain or to permit to be erected, in the County, any hog pen that is located closer than 200 feet to a residence or an adjoining property that is used for human habitation. [Added 4-26-19951 BB. Local government services office. [Added 11-10-20041 CC. Residential subdivision identification signs. [Added 2-13-20081 § 165-51. Conditional uses. The following uses of structures and land shall be allowed only if a conditional use permit has been granted for the use: A:- (Reserved)i B. (Reserved)2 C. (Reserved)3 D. Fruit packing plants. E. Manufacture or sale of feed and other farm supplies and equipment. F. Off -premises wayside stands. G. Country general stores. H. Service stations. L Antique shops. J. Restaurants. K. Kennels. L. Television or radio stations. M. Motels. N. Auction houses. O. Campgrounds, tourist camps, recreation areas and resorts. 3 Draft RA Ordinance Amendments ATTACHMENT 3 Version 06.25.08 Proposed Ordinance P. Commercial outdoor recreation, athletic or park facilities. Q. Nationally chartered fraternal lodges or civic clubs, social centers and their related facilities. R. Sawmills and planing mills, Type B. S_ Ambulance services. T. Retailing or wholesaling of nursery stock and related products. U. Landscape contracting businesses. V. Public garages without body repair, provided that the following conditions are met: (1) All repair work shall take place entirely within an enclosed structure. (2) All exterior storage of parts and equipment shall be screened from the view of surrounding properties by an opaque fence or screen at least five feet in height_ This fence or screen shall be adequately maintained_ W. Public garages with body repair, provided that the following conditions are met: (1) All repair work shall take place entirely within an enclosed structure. (2) All exterior storage of parts and equipment shall be screened from the view of surrounding properties by an opaque fence or screen at least five feet in height. This fence or screen shall be adequately maintained. X. Sand, shale and clay mining, provided that the following conditions are met: (1) All mining shall be above the mean, existing grade level of a parcel of land. (2) All mining operations shall meet all applicable requirements of state and federal agencies. (3) Such mining operations shall meet the landscaping and screening requirements, supplementary regulations, height, area and bulk regulations and site plan requirements contained in the EM Extractive Manufacturing District regulations. Y. Cottage occupations. L. Veterinary office, clinic or hospital, including livestock services. [Amended 8- W Draft RA Ordinance Amendments Version 06.25.08 24-2004] AA. Day-care facilities. [Added 8-8-1990] BB. Humanitarian aid organizational office. [Added 1-27-1999] CC. Schools (with residential component). [Added 10-27-1999] DD. Fruit and vegetable stands (SIC 5431). [Added 8-24-20041 EE. Blacksmith shops (SIC 7699)_ [Added 8-240-2004] FF. Farriers (SIC 7699). [Added 8-24-20041 GG. Horseshoeing (SIC 7699). [Added 8-24-20041 HH. Taxidennists (SIC 7699). [Added 8-24-2004] § 165-52. Permitted residential density; exception. [Amended 12-11-1991 ] ATTACHMENT Proposed Ordinance A. The maximum density permitted on any parcel or group of parcels shall not exceed the equivalent of one unit per ten acres as determined by the size of the parent tract as it existed on December 11, 1991. B. Exception to permitted density. On lots containing between seven and twenty acres which were lots of record prior to December 11, 1991, lots of two or more acres may be created despite the density limit of one unit per ten acres, provided that they meet the requirements of § 165-54B of this chapter. In no case may more than two (2) family division lots be created using this exception. § 165-53. Minimum lot size. [Amended 12-11-1991] The minimum lot size for permitted uses shall be two acres. § 165-54. Permitted lot sizes. [Amended 8-8-1990; 12-11-1991] The following types of lots shall be permitted: A. Ten acre lots. On any parcel, lots of ten acres in size or greater shall be permitted. B. Family division lots. On any parcel which contained seven acres or more prior to December 11, 1991, lots as small as two acres may be created, provided that the following conditions are met: [Amended 7-10-2002] 5 Draft RA Ordinance Amendments ATTACHMENT 3 Version 06.25.08 Proposed Ordinance (1) Lots are conveyed to members of the immediate family of the owner of record of the parent tract. (2) Only one such lot shall be permitted per immediate family member. (3) One parcel of at least five acres in size shall remain intact following the division. (4) The creation of all such lots shall be in accordance with the provisions of the Frederick County Subdivision Chapter and § 15.2-2244 of the Code of Virginia. C. Rural preservation lots. (1) Within the RA Rural Areas District, lots as small as two acres shall be permitted on tracts over 20 acres in size, subject to the following: [Amended 10-13-19931 (a.) Sixty percent or _ more of the parent tract shall remain intact as a contiguous parcel (Rural Preservation Tract). [Amended 2-28-20071 (b.) This acreage must be designated prior to the division of the fourth lot. (c.) No future division of this designated Rural Preservation Tract shall be permitted. [Amended 2-28-20071 (2) Exception to the Rural Preservation Tract. In cases where excessive topography or other natural features of a site create a situation where a higher quality subdivision design, resulting in less physical and/or visual disruption could be achieved by allowing two residual parcels to be created, the Planning Commission may permit the 60% to be made up of two parcels. [Amended 2-28-20071 (3) Board of Supervisors waiver of division restriction. [Amended 2-28-20071 (a) The designated Rural Preservation Tract may be released from the restrictions of Subsection D(1) after a period of ten years from its creation through the rezoning process. (b) The rezoning shall be consistent with the goals of the Frederick County Comprehensive Policy Plan in effect at the time of the rezoning application. (c) The designated Rural Preservation Tract which is within the Urban Development Area (UDA) at the time of its creation, or is included within the UDA as a result of a future expansion of the UDA, shall be Draft RA Ordinance Amendments Version 0625.08 ATTACI-MENT 3 Proposed Ordinance eligible for rezoning at that point and shall not be subject to the ten-year restriction on rezoning. § 165-55. Setback _requirements. [Amended 12-11-1991; 6-9-1993[ The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District. A. Ten acre lots and family division lots. Setbacks from ten acre lots and family division lots shall be as set out below. [Amended 2-28-20071 (1) Front setbacks. The front setback for any principal or accessory use or structure located on a ten acre lot shall be 60 feet from the property line or right-of-way of the street, road or ingress -egress easement. (2) Side or rear setbacks. The minimum side or rear setback for any principal use or structure shall be determined by the primary use of the adjoining parcel as follows: Setback (Side and Rear) Adjoining Parcel Size feet 6 acres or less 50 More than 6 acres 100 Orchard 200 Agricultural and Forestal District 200 B. Rural preservation lots. The minimum setbacks from rural preservation lot lines which adjoin other rural preservation lots shall be as set out below. Side and rear setbacks from rural preservation lot lines which adjoin any parcel other than another rural preservation lot shall be determined by § 165-55A(2) of this chapter. (1) Front setback. The front setback for any principal or accessory use or structure shall be 60 feet from the right-of-way of any existing state -maintained road and 45 feet from the right-of-way of any existing private ingress/egress easement or state -maintained road constructed to serve the subdivision. (2) Side setback. No principal use or structure shall be located closer than 15 feet from any side lot line. (3) Rear setback. No principal use or structure shall be located closer than 40 feet from any rear lot line. C. Board waiver. The Board may allow the above -referenced setbacks to be reduced if the constraints of the setbacks create an undue hardship on existing parcels of record. Such requests and justification to reduce the setbacks shall be presented to the Planning Commission for a recommendation that is forwarded to the Board of Supervisors. [Amended 9-25-2002; 3-28-20071 7 Draft RA Ordinance Amendments Version 06.25.08 ATTACHMENT Proposed Ordinance D. Accessory uses. The minimum setback for any accessory use or structure shall be 15 feet from any side or rear property line of a ten acre lot or any side or rear property line of a rural preservation lot. § 165-56. Minimum width; maximum depth. (Amended 9-12-1990; 12-11-19911 A. Minimum width. The minimum width for rural preservation lots fronting on roads proposed for dedication shall be 200 feet at the front setback, with the exception of lots fronting on the turnaround of a cul-de-sac, which shall have a minimum width at setback of 100 feet. The minimum width for all other lots shall be 250 feet at the front setback line. B. Maximum depth. The maximum depth of any lot shall not exceed four times its width at the front setback line. Within subdivisions utilizing rural preservation lots, the sixty - percent parcel (Rural Preservation Tract) shall be exempt from the maximum depth requirement. § 165-57. Height restriction. No structure shall exceed 3 5 feet in height. 8 Draft RA Ordinance Amendments Version 06.25.08 Chapter 144, Subdivision of Land ARTICLE II Definitions ATTACHMENT 3 Proposed Ordinance § 144-2. Definitions and word usage. [Amended 6-9-1993; 11-12-2003; 4-26-2005; 2-28- 20071 SUBDIVISION, MAJOR RURAL — Any subdivision resulting in the cumulative total of four or more ten acre lots, family division lots, or rural preservation lots from a single parcel in the RA Rural Area District. SUBDIVISION, MINOR RURAL — Any subdivision resulting in the cumulative total of three or fewer ten acre lots, family division lots, or rural preservation lots from a single parcel in the RA Rural Area District. Chapter 144, Subdivision of Land ARTICLE V Design Standards § 144.31. Rural subdivisions. The requirements of this section shall apply to all subdivisions of land zoned RA (Rural Areas) under Article V of Chapter 165, Zoning, of the Frederick County Code. B. Major rural subdivisions. (1) Any subdivision which results in a cumulative total of more than three lots being divided from a single parent parcel within the RA (Rural Areas) Zone shall be considered a major rural subdivision. Lots described in § 165-54B, Family division lots of Chapter 165, Zoning, of the Frederick County Code, shall not count toward this three -lot limit. Prior to review and approval of final plats for such divisions, a preliminary sketch plan must be reviewed and approved by the Zoning Administrator. (2) Access. All roads serving lots within a major rural subdivision shall be built to the Tertiary Subdivision Street Standards of the Virginia Department of Transportation and dedicated to Frederick County for eventual acceptance into the state secondary road system. [Amended 6-9-1993] C. Minor rural subdivisions. (1) The division of the following types of lots are permitted under the regulations for minor rural subdivision: (a) Lots described by § 165-54B, Family division lots of Chapter 165, Zoning, of the Frederick County Code. E Draft RA Ordinance Amendments Version 06.25.08 ATTACHMENT 3 Proposed Ordinance (b) Lots described in § 165-54A, Ten acre lots, and § 165-541), Rural preservation lots, provided that a total of no more than three such lots may be created from any one parcel under these regulations. 10