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PC 06-18-08 Meeting Agenda7:00 P.M. AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia June I8, 2008 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) May 7, 2008 Minutes....................................................................................................... (A) 3) Committee Reports.................................................................................................. (no tab) 4) Citizen Comments.................................................................................................... (no tab) PUBLIC FEARING 5) Ordinance Amendment — Chapter 165, Article XIII MS (Medical Support) District — Zoning Amendment to allow Continuing Care Retirement Communities (CCRC) in the MS Zoning District. Mrs. Perkins.................................................................................................................... (B) 6) Urban Development Area (UDA) Ordinance Amendment — Business Overlay District. The intent of the overlay is to allow traditional neighborhood design in commercially zoned Neighborhood Villages and Urban Centers as per the UDA Study policies Mrs. Perkins..................................................................................................................... (C) 7) Route 277 Triangle and Urban Center Land Use Study — An amendment to the 2007 Comprehensive Policy Plan Chapter 6, Land Use, to include the Route 277 Triangle and Urban Center Land Use Plan. The Plan provides opportunities to create new communities, integrate land use and transportation choices, address community infrastructure needs and expand the County's goals for economic development in the Route 277 (Fairfax Pike) area. The Plan expands the Urban Development Area (UDA) by approximately 664 acres and the Sewer and Water Service Area (SWSA) by approximately 2,360 acres. Mr. Ruddy........................................................................................................................ (D) PUBLIC MEETING 8) Waiver Request of the Irene Schafer Trust, submitted by Greenway Engineering, for an exception of Article V Design Standards, §144-31 Rural Subdivisions, C(3) Minor rural subdivisions, of the Code of Frederick County, Subdivision of Land to enable family division of a parcel of land on a right-of-way less than 50 feet. The property is located on Burr Stone Lane off of Wardensville Grade (Route 608), and is identified with Property Identification Number 70-A-2 in the Back Creek Majzisterial District. Mr. Cheran ........, (E) FILE COPY COMMISSION DISCUSSION 9) Zoning Ordinance 'Text Amendment — To enable age -restricted multifamily housing in Frederick County. Mrs. Perkins..................................................................................................................... (F) 10) Other • • :-7 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 May 7, 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; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District, Gary Lofton, Board of Supervisors Liaison; and Roderick Williams, Legal Counsel. STAFF PRESENT: Eric R Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; 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 Triplett, the Planning Commission unanimously adopted the agenda for the May 7, 2008 meeting. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Triplett, the meeting minutes of March 19, 2008 were unanimously approved as presented. COMMITTEE REPORTS Development Review & Rezulations Subcommittee (DRRS) — 04/24/08 Mtg. Commissioner Thomas reported that the DRRS discussed revisions to Section 165-58 Age - Restricted, Multi -Family Housing. Commissioner Thomas said the revisions will be refined more and it will be forwarded to the Planning Commission for discussion. He said the DRRS also discussed revisions to Section 165-26 Accessory Uses, which was basically a clean-up of terms and definitions. Frederick County Planning Commission Page 2241 Minutes of May 7, 2008 U -2 - Transportation Committee — 04/28/08 Mtg. Commissioner Kriz reported on the following items discussed from the Transportation Committee: 1) Updated Draft of the Secondary Street Acceptance Requirements; 2) Secondary Road Project Prioritization; 3) Draft of the County's TIA Standards; 4) Installation of red-light cameras at designated intersections in the county, 5) Update of the MPO; 6) Citizen request to widen the single -lane bridge over the Opequon on Old Charlestown Road; and, 7) Intersection improvements at White Oak and Tasker Roads. Conservation Easement Authority (CEA) — 04/24/08 Mtg. Commissioner Watt reported that the CEA had a guest speaker, Mr. William Funk of Conservation Partners, LLC, a professional advisory firm based in Lexington, Virginia. Commissioner Watt said that Conservation Partners, LLC consults with Virginia landowners throughout the process of donating conservation easements and preparing and registering land preservation tax credits. He said since its founding, Conservation Partners, LLC have helped to protect approximately 40,000 acres of farms, forests, and other open space in Virginia. In addition, the CEA received an update on the Snapp Property application, located near Marlboro; the property owners are considering another easement. Sanitation Authority (SA) — 04/22/08 Mtg. Commissioner Unger reported that the SA's auditors provided information on areas needing improvement. In addition, Commissioner Unger reported on the following items: Rainfall for March was up at 2.7 inches, which is close to average, and flows were good at the plants; H.P. Hood experienced some problems with their system, which resulted in the SA's systems working harder and measures are being taken to correct this; there continues to be a ten -inch deficit in groundwater and the SA is hoping for above average summer rainfall; bids have been awarded to Synder Environmentalists for a water main to the Parkins Mill Plant and a Red Bud force main; the number of new hookups is expected to be down this year; average annual hook-ups generally range between 400-500 and the SA is hoping to get at least 300 this year. CITIZEN COMMENTS Chairman Wilmot called for public comments on any agenda item that was not either a public hearing or a public meeting. Chairman Wilmot announced there were two Commission discussion items pertaining to proposed ordinance amendments dealing with rural preservation requirements and a new business overlay district. She announced that now would be the appropriate time for citizen comments on either of those two discussion items. The following persons came forward to speak: Mr. John Goode, Stonewall District, stepped forward to speak about the County's Rural Areas Ordinance, scheduled for discussion later on this evening's agenda. Mr. Goode recalled a couple years ago, when he, Mr. Robert Carpenter, Ms. Margaret Douglas, Mr. Kenneth Stiles, and others did considerable work studying Frederick County Planning Commission Minutes of May 7, 2008 Page 2242 the rural ordinance, particularly to save open space. After that effort, circumstances occurred and then the momentum for the project died. Mr. Goode said if it was the Commission's intention to slightly modify the ordinance to just not waste time on it; however, if the Commission really wants to make a better job of rural area development, he urged the Commission to conduct a comprehensive study, pick up where the committee left off, and address several issues. Mr. Goode said the extra lot seems to be a concern for some people, even though it has been policy for some 15 years. He felt the elimination of the extra lot when somebody tries to preserve the rural area seems to be petty, rather than being significant. The second issue he noticed was the 40% requirement for the reserve area was proposed to be bumped up to 60%, but he did not see a corresponding reduction in the minimum lot size. Mr. Goode said he would suggest a reduction in the minimum lot size, which is something the committee talked about. Lastly, he said the committee raised the issue of community systems, which could be very beneficial for the environment and allow the clustering of homes on much smaller lots, saving significant amounts of open space that would be meaningful to the community in the future. Mr. Goode recommended that if a review was imminent, the old committee was willing to help to do it in a comprehensive way. However, he said if the Commission and Board were only going to tinker with the ordinance, he recommended that the Commission simply let it fall back into the black hole it fell into previously. Mr. Mike Perry, President of the Top of Virginia (TOV) Building Association, said the TOV Building Association would like to go on record with their concurrence of the DRRS's recommendations for the Rural Preservation Ordinance. Mr. Perry agreed with Mr. Goode to either leave the ordinance the way it is, or look at the whole ordinance comprehensively, particularly the lot sizes. Mr. Perry said the TOV Building Association would also prefer to continue the policy of not counting the preservation lot towards density. He said the TOV Building Association believes the Rural Preservation Ordinance is a good alternative land -planning tool for Frederick County. Mr. Claus Bader, Red Bud Run District Representative on the DRRS, stated that he has been on the DRRS for a very long time and the subject of changing rural preservation development generated one of the quickest reactions he has seen for not changing the ordinance. Mr. Bader said if the ordinance goes to a 60% reserve, the result will be the end of rural preservation subdivisions in the County. He believed it would result in a very poor planning tool. Mr. Evan A. Wyatt, with Greenway Engineering, came forward to speak about the Commission's discussion item on the Business Overlay District. With regard to the provision of a new business overlay district, Mr. Wyatt believed the Commission and staff were on to a good idea with this. He said a considerable amount of time has been spent on the Urban Development Area (UDA) Study, right -sizing the UDA, thinking about different modeling of development within the UDA, and as a result, the Commission has urged the staff and the committee to begin writing the technical aspects to implement the Comprehensive Plan. He said it was encouraging to see some of these new ideas coming out. Mr. Wyatt said he, and others in the development community, were encouraged by the Business Overlay District concept and designers are trying to make the concept work. He said may retail clients he represents throughout the community would prefer to have parking in front of their stores; however, the new model of commercial development encourages parking behind buildings. Mr. Wyatt suggested that instead of doing an all -or -nothing proposal, he asked if the Commission would consider a maximum percentage of the total parking requirement in front, perhaps 15%. For example, for every 50 parking spaces required, seven would be allowed as pull -in spaces in front of the building and the remaining parking, or 85%, behind the building. Mr. Wyatt referred to another concept in the ordinance, the proposed "build to" line, which states the building has to be no more than 20 feet off of the property line. He said this concept also becomes problematic because of some of the other design elements the staff is looking for, such as ten -foot sidewalks in front of the building, street trees, bicycle trails, plaza areas, etc. Mr. Wyatt said when the designers try to lay out the plan, they can't get all of the design concepts within the space. He said the ideas of outdoor plazas and mixed use with apartment units over retail are all good concepts, but the draft ordinance is design challenged; he said it's over -parked, it's buffer -heavy, and it does not integrate well with adjoining communities. He urged the Commission to consider these issues and make revisions to the ordinance so that Frederick County Planning Commission Minutes of May 7, 2008 Page 2243 QE everyone can use the urban design standards implemented. PUBLIC HEARING Conditional Use Permit Application 902-08 of Gregory and JoAnn Smith for a cottage occupation for a nail salon at 181 Ridings Mill Road. The property is identified with P.I.N. 85 -A -10J in the Opequon Magisterial District. Action — Recommended Approval with Conditions Zoning and Subdivision Administrator, Mark R. Cheran, reported that this proposed use will take place on a 4.8308 -acre parcel in the RA (Rural Areas) District with an existing dwelling occupied by the applicants. Mr. Cheran said the surrounding properties are all zoned RA and the closest dwelling is approximately 150. feet from the location of the proposed use. He said the nail salon will be within the applicant's dwelling in a 10 X 10 room accessed by an exterior door leading to a gravel driveway. This room is equipped with one nail station for preparing nails and one drying station capable of serving one customer at a time. Mr. Cheran said the applicant has agreed to limit the hours and days of operation, as well as the number of customers that will be seen each week. He said that based upon the limited scale of the proposed use and evaluation of the property, it appeared the use would not significantly impact the adjoining properties. In conclusion, Mr. Cheran read a list of recommended conditions, should the Commission find the use to be appropriate. Chairman Wilmot called for public comments and the following person came forward to speak: Mr. Joe Powers came forward to speak on behalf of his brother, Randy Powers, who is the owner of several undeveloped adjoining lots around the Smith property. Mr. Powers said both he and his brother were supportive of this request and believed the applicant and the staff had done a good job of preparing conditions which would address any concerns they might have as far as businesses in the area. Mr. Powers had one additional comment on the agency review comments; he said the Health Department commented that the sewage disposal system should only receive domestic waste which does not include any chemicals generated by the business. Mr. Powers said all of the lots in this area are composed of shale and do not perk well, therefore, most of the lots are on alternative systems. He expressed concern about contamination of the groundwater or alternative systems. As a result, Mr. Powers asked the Commission about expanding Condition # 1, "All review agency comments shall be complied with at all times," with a second sentence which states, "Sewage disposal shall only receive domestic waste and no chemicals from the business per the Health Department's review comments," so it will be clear about what those Health Department comments were. No one else wished to speak and Chairman Wilmot closed the public comment portion of the hearing. Mr. and Mrs. Gregory Smith, the property owners and applicants, came forward. Mrs. JoAnn Smith stated that all the waste from the operation is sealed and properly disposed; she said that no chemicals go into the sewage system. Mr. and Mrs. Smith had no problems with the Health Department statement being added to the conditions. Commissioner Ours made a motion to recommend approval of the CUP with the conditions recommended by the staff, along with an additional statement to Condition # 1, "No chemicals may be put into the sewage disposal system." This motion was seconded by Commissioner Thomas and unanimously passed. Frederick County Planning Commission Minutes of May 7, 2008 Page 2244 —j— BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit Application 402-08 of Gregory and JoAnn Smith for a cottage occupation for a nail salon at 181 Ridings Mill Road with the following conditions. All review agency comments shall be complied with at all times. No chemicals may be put into the sewage disposal system. 2. No business signs shall be permitted. 3. No other employees, other than those residing in the household. 4. Hours of operation shall be permitted from 7:00 a.m. to 6:00 p.m., Monday through Friday. 5. There shall be a maximum number of 20 customers allowed weekly. 6. Any expansion or modification of this use will require the approval of a new Conditional Use Permit. Conditional Use Permit Application 403-08 of John Venskoske for a Cottage Occupation for Black Powder Sales at 863 Chestnut Grove Road (Rt. 681). The property is identified with P.I.N. 30-A-57 in the Gainesboro Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that this conditional use permit (CUP) is being applied for in response to a zoning violation complaint for selling black powder to customers from the property without an approved cottage occupation or conditional use permit (CUP). Mr. Cheran said the applicant currently is permitted to sell black powder off site and has an ATF permit and fire marshal approval to operate this business. Mr. Cheran reported that the applicant is requesting that he be allowed to sell black powder to customers on this site. He said the property is surrounded by like properties, with the nearest dwelling being more than 150 feet from the proposed use. He noted that the staff has concerns with sales of black powder during the North-South Skirmish Association (NSSA) activities. He said that during these NSSA activities, the sale of black powder from this site and the amount of traffic generated, along with parking, has caused problems along Chestnut Grove Road. Mr. Cheran explained that the applicant has addressed this issue by adding a gravel parking area to his property to mitigate the traffic and parking issues along Chestnut Grove Road. He noted that the black powder sales will be conducted from a 50 square -foot accessory building. Mr. Cheran next read a list of recommended conditions, should the Commission find the use to be appropriate. Commissioner Ambrogi inquired how often the NSSA has activities near this location and also, how many people attend the activities. Mr. John Venskoske, the property owner and applicant, said he would like to operate the Back Creek Gun Shop; he noted that the name is somewhat deceiving because he does not sell guns. In answer to Commissioner Ambrogi's question, Mr. Venskoske said the NSSA holds 18 shoots per year with two big shoots, in May and October. He said during the May and October shoots, there could possibly be 10,000 people. Out of the 10,000 people, roughly 2,000 are shooters and the remainders are family and visitors. Mr. Venskoske said a notice is placed in the newspaper inviting the public at no charge, he said they like to promote Civil War history. Frederick County Planning Commission Minutes of May 7, 2008 Page 2245 S. Chairman Wilmot asked the applicant if the building where sales will take place is permanently located on Mr. Venskoske's property and Mr_ Venskoske answered yes. Commissioner Kriz spoke with Mr. Venskoske about the gravel driveway he constructed inside Chestnut Road, which connects to the NSSA property. It was determined that event attendees could travel from the NSSA site activities to Back Creek Gun Shop without going out onto the main black -topped road. Referring to recommended Condition 45, which stated, "No more than five customers at any time on the site," Commissioner Triplett questioned limiting the number of customers on site and how it could be monitored. Commissioner Ambrogi asked Mr. Venskoske if he thought there would be a parking problem during an event weekend. Mr. Venskoske believed the parking area would be large enough to handle the volume of traffic he receives. Commissioner Ambrogi noted that Mr. Venskoske could not enforce the parking, if someone randomly parked along the roadway. He did not want to see Mr. Venskoske's CUP jeopardized, if someone just pulls off the road to quickly run inside his shop to purchase black powder. Chairman Wilmot called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Kriz made a motion to recommend approval with the conditions recommended by the staff. This motion was seconded by Commissioner Triplett. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit Application #03-08 of John Venskoske for a Cottage Occupation for Black Powder Sales at 863 Chestnut Grove Road (Rt. 681), with the following conditions: All review agency comments and requirements shall be complied with at all times. No more than five customers at any time on the site, except during NSSA activities. All customer parking shall be located on the applicant's property, not along Chestnut Grove Road (Route 68 1) or Chalybeate Springs Road (Route 687). 4. Hours of operation for on-site customers shall be limited to 8:00 a.m. to 7:00 p.m. No signage on the applicant's property shall be allowed. 6. Any expansion or change of use will require a new conditional use permit. PUBLIC MEETING: Subdivision request of K & J Investments, LC, submitted by Grey Wolfe, Inc., for a non-residential subdivision of an 11.283 -acre parcel into four lots consisting of 6.740 acres, 0.844 acres, 1.573 acres, and 2.115 acres. The property is located on the east side of Welltown Road (Rt. 661), across from Stonewall Industrial Park. The property is further identified by P.I.N. 43-A-56 in the Stonewall Magisterial District. Action — Recommended Approval Frederick County Planning Commission Minutes of May 7, 2008 Page 2246 -7— Commissioner Oates said that he would abstain from all discussion and voting on this item due to a conflict of interest. Zoning and Subdivision Administrator, Mark R. Cheran, reported that the applicant has been granted a waiver of the master development plan (MDP) requirements as stated in a letter from the Planning Director to the applicant, dated February 12, 2008, and included within the Commission's agenda packet. The waiver does not eliminate any applicable development and design requirements of the Frederick County Subdivision and Zoning Ordinances and subdivision of the parcel requires review by the Planning Commission and the Board of Supervisors. Mr. Cheran reported that the 11.283 -acre parcel is located within the Sewer and Water Service Area (SWSA) and is surrounded by like -zoned properties. He said the parcel is currently split zoned B3 and M1, with four structures located on the parcel; the subdivision will result in existing structures occupying their own individual parcels. Commissioner Unger inquired if individual entrances would be created for each separate parcel. Mr. Cheran replied although there are three existing entrances to the property at this time, shared entrances would be recommended at the subdivision stage. Commissioner Unger asked if there might be a screening or setback problem with the subdivision. Mr. Cheran replied that all new uses would need to meet today's ordinance requirements. Mr. Claus Bader of German Engineering was representing this subdivision and 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 meeting. Upon motion made by Commissioner Ruckman and seconded by Commissioner Kriz, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of the subdivision request of K & J Investments, LC, submitted by Grey Wolfe, Inc., for a non- residential subdivision of an 11.283 -acre parcel into four lots consisting of 6.740 acres, 0.844 acres, 1.573 acres, and 2.115 acres. (Note: Commissioner Oates abstained from voting.) COMMISSION DISCUSSION DISCUSSION OF AN ORDINANCE TO AMEND CHAPTER 165, ZONING, ARTICLE V, RA (RURAL AREAS) DISTRICT PERTAINING TO THE RURAL PRESERVATION REQUIREMENT Planning Director, Eric R. Lawrence, stated that staff has been directed by the Board of Supervisors to look at the Rural Preservation Subdivision Ordinance in order to increase the minimum preservation tract size from 40% to 60%, as well as to eliminate the density right that has been presented in the past for the preservation tract (bonus lot) itself. He explained that with the rural preservation subdivision, the 40% parcel has a dwelling right, but it is not counted towards the maximum density for the parcel under today's ordinance. Mr. Lawrence said these are the two changes that have been suggested and are open for discussion. Frederick County Planning Commission Minutes of May 7, 2008 Page 2247 Mr. Lawrence said that when this item was discussed by the Development Review and Regulations Subcommittee (DRRS) last month, there were concerns about the minimum lot size. He said a minimum lot size of two acres is currently permitted; however, it was felt the lot needed to be a bit smaller to maintain the density of the 60% set-aside. He said the staff made note of that comment to forward to the Board. Mr. Lawrence said there were also discussions about reducing the road frontage requirements; particularly, with the larger preservation tract. He said the final comment from the DRRS discussion was that while the initial suggestion was to seek a 60% set-aside, the DRRS believed a 50% set-aside preservation tract is a more reasonable number. In summary, Mr. Lawrence said the catalyst behind this amendment was to increase the preservation tract from 40% to 60% and to eliminate the preservation tract as a bonus density. Commissioner Kriz believed the lot sizes should be as minimal as possible so the density is available to create a community waste disposal or water system. He didn't feel that removing the bonus density was as significant. Commissioner Mohn agreed with Commissioner Kriz and he commented about the bonus density. He said if this is the preferred form of development for the rural areas of the County and the desire is to maximize the open space or conservation areas, then the incentives need to remain. Commissioner Mohn said the ordinance should be as flexible as possible and the bonus density opportunity should be preserved. As a member of the DRRS, Commissioner Unger agreed with Mr. Lawrence's report from the DRRS. Commissioner Unger said many of the members were concerned that the ordinance would not be looked at closely before it was presented for public hearing. Commissioner Unger said he agreed with some of the citizens who spoke earlier, during the citizen cormnent portion of the meeting, that specifics should be determined before it goes to the Board. For example, he said there was no minimum lot size and road frontages may have to be changed. He said he could go either way with the bonus lot, but he liked the idea of concentrating houses into an area and preserving as much land as possible. Commissioner Unger preferred not to see everything go to five acres. Commissioner Watt, also a member of the DRRS, commented that a couple years ago, regular morning work sessions were held on this topic and there was good discussion. Commissioner Watt believed the ordinance needs to either be looked at in depth or not changed at all. Commissioner Oates described a project he recently submitted for a 31 -lot rural preservation subdivision on slightly over 150 acres, located off Hites Road. Commissioner Oates said he did away with the bonus lot, went to 60%, and the subdivision dropped to 23 lots total. He said going from 31 to 23 at $100,000 per lot nets $800,000. He then tried the subdivision at 50% and it got him back up to 26 lots. Commissioner Oates explained that with this same parcel, he could do a five -acre subdivision and get 28 lots. He said when this ordinance is taken before a developer or land owner, with expectations of $100,000 per lot, every single lot counts. He believed the ordinance would do away with future rural preservation subdivisions in the county and no one will use the option; he said developers are going back to five -acre lots. As far as going to the 50%, Commissioner Oates said he has done two subdivisions where he has managed to save just over 50% by using the current rules; however, there are projects where 42-43% saved area is the best he can do. He commented that land is not perfectly square; it has imperfect shapes and creeks for boundaries, etc. Commissioner Oates commented about the wording in the staff's report because it suggested that not counting the preservation tract towards density was a mistake when, in fact, it was intentionally done to promote this type of subdivision. He said if the Board of Supervisors no longer prefers this type of development and prefers the five -acre subdivision, this proposal will be perfect because for all intents and purposes, it will kill rural preservation subdivisions. Commissioner Oates believed it would be a huge mistake, he said the State of Virginia recently required all localities to adopt a development option of this type in their ordinance; he said this is the direction the County should be going in. He said he would be in favor of having the Comprehensive Plans and Programs Subcommittee (CPPS) review it; he also believed the Rural Areas Study needed to begin again. Frederick County Planning Commission Minutes of May 7, 2008 Page 2248 won Commissioner Thomas strongly opposed the proposed revisions. He totally agreed with previous comments that if the changes are made, this development option might as well be deleted from the ordinance because it will remove all incentives for the use of rural preservation subdivisions. Commissioner Thomas said if a modification is desired, then the committee should be brought back together, along with the citizens that previously worked on this, and try to improve it. He strongly believed that what has been presented is so much worse than what is currently on the books, that it will just kill the ordinance. Commissioner Thomas said he thought 50% was too much; he thought 40-45% open space is about the maximum the could be required and still have an incentive to use rural development. He said if the County wants to go back to five -acre lots, then this proposal is a good step toward it. Commissioners Triplett and Ambrogi agreed with the comments made. Referring to Commissioner Oates' subdivision project, Commissioner Kriz asked him if the subdivision would have worked if the lot sizes were different. Commissioner Oates said it could have worked, if the lot sizes were different. He said he would need to determine the minimum lot size needed to make the project work. He guessed it might be around a quarter to a half -acre, but the road frontage requirements would need to be loosened up and possibly, pipe stem lots to shorten the length of the state road. Commissioner Oates said it has taken some time for communities to begin utilizing these subdivisions and probably within the last five years they have come into their own. Mr. Lawrence said that the comments provided will be forwarded to the Board of Supervisors. DISCUSSION OF A UDA (URBAN DEVELOPMENT AREA) AMENDMENT PERTAINING TO THE BUSINESS OVERLAY DISTRICT. Planning Director, Eric R. La-ATence, reported that this particular ordinance amendment will create a brand new zoning district. He explained that it is an overlay district and would only apply to the B 1 (Business Limited) and B2 (Business General) commercial zoning districts. He said the proposed new district is the result of the UDA (Urban Development Area) Study, which is a study the county adopted a little over a year ago. He said the study examined the urban areas of the UDA and created the concept of urban centers, village neighborhoods, and focal points for the community. Mr. Lawrence stated that the UDA Study Group believed the County needed to quickly put an ordinance together to implement a small section of the UDA Study and that is what has been drafted for the Commission. He said this proposed ordinance would only apply to parcels less than 20 acres in size; he said the staff and Commission will have to look at an ordinance for larger projects. This ordinance tonight is solely concentrating on the smaller scale, the 20 -acre minimums. Mr. Lawrence said the main body of the ordinance has been drafted for almost a year and discussions and work sessions have been held. Only within the last couple months, more direction has been received as to how it should be applied. He said the core of this ordinance, which speaks to shallow -front setbacks, wide sidewalks, central plazas, and housing and apartment opportunities on the second and third floors of commercial establishments, has been consistent over the past year. Mr. Lawrence said the intent behind the UDA Study was this type of urban setting should only apply in certain areas. After discussions with the Planning Commission and the Board of Supervisors over the past year, the direction received was that if such an ordinance is created, it should be within the UDA or within the target areas within the Sewer and Water Service Area (SWSA).. Mr. Lawrence referred to a map and pointed to the areas that the new Business Overlay District could be applied. He said the Business Overlay District would create a center for the community and the walkability is important for the services catering to the residential area. He said overall, it is not something that would survive on its own with the 20 acres; therefore, it would need the surrounding residential community. He said the DRRS has endorsed the draft ordinance with some minor Frederick County Planning Commission Minutes of May 7, 2008 Page 2249 -10 - changes. Commissioner Kriz stated that since this is designated for small areas, 20 acres or less, some flexibility needed to be created. He saw this new overlay district being utilized for either lots that have not yet been developed or for some in -fill or conversion areas. He believed that condos or apartments above commercial needed to be promoted. In addition, he said there may need to be a quick -in, quick -out with some parking in front, possibly with a 15-85 split, as suggested during the citizen comments. He thought these suggestions needed to be taken into consideration. Commissioner Kriz said the study group wants to see these concepts go forward and wants to see the development community use this development option. Commissioner Mohn stated that this ordinance provides direction to desired land uses. He said the concept was created for various sites, some of which are relatively small, but perfectly situated for the uses hoped for. He suggested, however, that before this proposal goes to the public hearing stage, it maybe potentially valuable to have a charrette involving the local design community, with both engineering and land planning personnel, along with the architectural community, to see how all of the design elements fit together. As a result, the Commission could then see how the different pieces work on a site as small as three acres, five acres, and up to 20 acres, and make any adjustments accordingly. Commissioner Mohn said he would like to see this ordinance work and be able to be used. Commissioner Thomas thought this was a great step in the right direction. He noted that staff has put considerable time into this, the DRRS had considerable robust discussion, and it was very well received by the DRRS. He suggested that for future discussions, specific locations should not be pinpointed because the overlay needs to be made available for general use in the entire county or area where it's allowed to be used. However, to in order to see any flaws that might have been overlooked, specific situations will need to be evaluated. He said the desire was to develop a user-friendly, walking environment for people to use these facilities. The DRRS was looking at 20 acres or less in size. He said it probably does very good for between ten and 20 acres and it may be acceptable for sites between five and ten acres; however, in an attempt make a one - size -fits -all, he was not sure it worked well on sites less than five acres. He said parts of it would be good for sites less than five acres, such as fill-in lots along Route 7, etc., but parts would not work Commissioner Thomas said if the Comnussion decides to use the charrette concept, he suggested possibly splitting this into two parts, with one part of the ordinance applicable for sites between five and 20 acres and another for sites below five acres. He said that possibly, some of the design concepts, such as the parking, the setbacks, the ten -foot sidewalks, or the plaza are just not practical or economical to develop on a site less than five acres. Commissioner Thomas said he liked the charrette idea and getting the local community involved. Commissioner Unger was also interested in having planners and engineers come together and give opinions on this and provide examples on different sites. Commissioner Oates also agreed that the draft ordinance was set up for parcels of five to 20 acres and he believed the draft was very good the way it was written for that size parcel. He suggested going back and creating a second section for parcels under five acres, using the charrette. He wanted to see the draft ordinance moved along and adopted to get started and as problems arise, those could be worked out. Mr. Lawrence said that the comments provided will be forwarded to the Board of Supervisors. Frederick County Planning Commission Minutes of May 7, 2008 Page 2250 CPPS APPOINTMENT Chairman Wilmot appointed Ms. Gillian Greenfield to the Comprehensive Plans and Programs Subcommittee (CPPS). Chairman Wilmot welcomed Ms. Greenfield, who was in the audience, and looked forward to the experience she would provide to the committee. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 8:20 p.m. by a unanimous vote. Respectfully submitted, June M. Wilmot, Chairman Eric R Lawrence, Secretary Frederick County Planning Commission Minutes of May 7, 2008 Page 2251 • C COUNTY of FREDERICK Department of Planning and Development MEMORANDUM EM A1. �� � �J T�� 540/665-5655 FAX: 540/665-6395 To: Frederick County Planning Commission From: Candice E. Perkins, AICP, Senior Planner t4 Subject: Public Hearing — Addition of Continuing Care Retirement Communities (CCRC's) in the MS (Medical Support) Zoning District. Date: June 4, 2008 On November 14, 2007, the Board of Supervisors adopted the revised Round Hill Land Use Study as an element of the Comprehensive Policy Plan. The revision to the Round Hill Plan was in response to CPPA Application #05-06 for the National Lutheran Home so that they could construct a Continuing Care Retirement Facility (CCRC) on the property. The revisions to the plan included expanding the Sewer and Water Service Area (SWSA) on the northern side of Route 50 West as well as the addition of a commercial designation intended to support medical uses over the subject area. A continuing care retirement community is a senior housing development that is planned, designed and operated to provide a full range of accommodations for older persons, including independent living, congregate care facilities, assisted living facilities and nursing home (skilled -care) facilities. The Round Hill Plan calls for a commercial designation which would support a MS District rezoning over the area that is proposed to be developed by the National Lutheran Home in the future. Currently, a CCRC would be a permitted use in the RP (Residential Performance) Zoning District but would not be permitted in the MS (Medical Support) Zoning District. The MS District, as it is written today, would permit residential units that are intended to support hospitals, medical centers, medical offices, clinics, and schools of medicine. The residential units that would be part of the CCRC currently are not allowed in the MS District. The intent of this ordinance amendment is to introduce CCRC's as a permitted use in the MS District. The amendment also includes other minor changes to the MS district regulations, as well as the introduction of new definitions to correspond to the CCRC. The Development Review and Regulations Subcommittee (DRRS) first considered this item at their meeting on January 24, 2008 and there were concerns regarding the distance requirement, ownership of the units, entrance spacing, as well as other minor text issues. The proposed amendment was revised to address the concerns and reviewed again at the February 28, 2008 DRRS meeting and was endorsed with a few minor revisions. The Planning Commission discussed this amendment at their March 19, 2008 meeting and was supportive of the changes. Members of the Board of Supervisors were sent copies of the proposed ordinance amendment. 107 North Kent Street, Smite 202 . Winchester, VirgipAa 22601-5000 Page 2 Frederick County Planning Commission Re: MS Revisions — Public Hearing June 4, 2008 The attached documents show the existing ordinance, the changes to the ordinance and the proposed definitions supported by the MRS and the PC (with strikethroughs for text eliminated and bold italic for text added) and a clean version of the proposed text as it is proposed to be adopted. A recommendation from the Planning Commission on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Existing Ordinance. 2. Existing Ordinance with proposed deletions shown in blackline and additions shown in bold italics. 3. Proposed Definitions. 4. Proposed Ordinance (clean version). CEP/bad ATTACEMENT 1 § 165-92 ZONING § 165-96 D. Off-street parking and loading. E. Directional signs. § 165-93. Yard requirements. A_ Structures shall be located 35 feet from any highway, street or road right-of-way. B. The minimum side yard for all structures shall be 15 feet C. The minimum rear yard for all structures shall be 25 feet. § 165-94. Buffers and screening. A. The Planning Commission may require distance buffers, as defined in § 165-37A of this chapter, on lots which abut land in any residential district or land in other zoning districts which are predominantly residential in nature- The size of the distance buffers shall be based on the amount of separation needed - B. The Planning Commission may require landscaped screens or full landscaping, as defined by § 165-37B of this chapter, to separate uses in this district from adjoining residential uses and to achieve the intentions of this chapter- § 165-95. Height limitations. Buildings, signs and structures may be erected up to 45 feet in height. ARTICLE XIII MS (Medical Support) District [Added 9-12-2001-1 § 165-96. Intent. The MS (Medical Support) District is intended to provide for areas to support hospitals, medical centers, medical offices, .clinics, and schools of medicine. These areas are intended to allow for a variety of support services and related residential land uses to be within close proximity of each other to provide for professional and patient convenience. All land to be contained within the Medical Support District shall be included within a master development plan to ensure that land uses are compatibly mixed, designed in a harmonious fashion, and developed to minimize adverse impacts to adjoining properties. 20. Editor's Note: This ordinance also redesignated former Arts. XIII through XM as XIV through XXII, respectively; and renumbered §§ 165-96 through 165-145 as 165-104 through 165-156, respectively. 165:125 106-15-2007 § 165-97 FREDERICK COUNTY CODE § 165-97 § 165-97. Permitted uses. A_ All land uses shall be developed in accordance with an approved master development plan that meets the criteria in Article XVIII of this chapter. F. Structures are to be erected or land used for one or more of the identified uses. The permitted uses are identified by Standard Industrial Classification. All uses described by Standard Industrial Classification are allowed only if the major group, industry group number, or industry number general group titles are used. (1) Educational support services: Standard Industrial Classification Allowed Uses (SIC) Colleges, universities, professional schools, and junior 822 colleges Libraries 823 Nursing schools, practical 8249 (2) Research support services: Allowed Uses Standard Industrial Classification (SIC) Research and development facilities for the 283 following manufacturing groups: Drugs Commercial physical and biological research 8731 Noncommercial research organizations 8733 Testing laboratories 8734 (3) Professional and commercial support services. Standard Industrial Classification Allowed Uses (SIC) Convenience stores 5411 Retail bakeries 546 Coffee stores, health food stores, and vitamin 5499 stores Retail uniform stores 5699 165:126 06-15 -2007 § 165-97 ZONING § 165-97 Standard Industrial 165:127 06- 15 - 2007 Classification Allowed Uses (SIC) Eating places 5812 Drug stores and proprietary stores 591 Bookstores 5942 Stationary stores 5943 Gift shops, greeting card shops, and balloon shops 5947 Florists 5992 News dealers and news stands 5994 Optical goods stores 5995 Orthopedic and artificial limb stores. 5999 Life insurance offices 6311 Accident and health insurance offices 6321 Hospital and medical service plans. offices 6324 Pension, health and welfare funds offices 6371 Insurance agents, brokers and service offices 6411 Operators of nonresidential buildings 6512 Real estate agents and managers offices 6531 Holding offices 671 Hotels and motels 701 Organizational hotels and lodging houses 704 Garment pressing and agents for laundries and 7212 drycleaners Linen supplies 7213 Beauty shops 7231 Barber shops 7241 Photocopying and duplicating services 7334 Medical equipment rental and leasing 7352 Data entry, data processing, data verif cation, and 7374 optical scanning data service Product sterilization services [Added 8-24-2004] 7389 Hearing aid repair and medical equipment repair, 7629 electrical Dental instrument repair, laboratory instrument 7699 repair, medical equipment repair, except electric, microscope repair, optical instrument repair, scientific instrument repair, except electric, and surgical instrument repair Physical fitness facilities 7991 165:127 06- 15 - 2007 § 165-97 FREDERICK COUNTY CODE § 165-97 Standard Industrial (4) Manufacturing and wholesaling support services: Classification (SIC) Allowed Uses Classification Membership sports and recreation clubs 7997 Offices and clinics of doctors and dentists 801-804 Pharmaceutical machinery 806 Hospitals 384 8071 Medical laboratories Medical, dental, and hospital equipment and supplies 8072 Dental laboratories 5048 Miscellaneous health and allied services . 8 09 Laboratory equipment, except medical and dental 8351 1 Child day-care services 512 Public buildings, including the following - Social services offices Free medical clinics (4) Manufacturing and wholesaling support services: (a) All permitted manufacturing and wholesaling support services shall meet the flex -tech performance standards as identified in § 165-48.7C of this chapter. (b) All outdoor lighting fixtures designed to illuminate parking lots, loading bay areas, maneuvering areas, staging areas, and outdoor storage areas shall be shielded to direct light downward. (5) Related residential uses: Standard Industrial Classification Allowed Uses (SIC) Operators of apartment buildings 6513 165:128 06-15-2007 Standard Industrial Classification (SIC) Allowed Uses Pharmaceutical machinery 3559 Surgical, medical, and dental instruments and supplies 384 385 Ophthalmic goods Medical, dental, and hospital equipment and supplies 5047 5048 Ophthalmic goods Laboratory equipment, except medical and dental 5049 Drugs, drug proprietaries, and druggist sundries 512 (a) All permitted manufacturing and wholesaling support services shall meet the flex -tech performance standards as identified in § 165-48.7C of this chapter. (b) All outdoor lighting fixtures designed to illuminate parking lots, loading bay areas, maneuvering areas, staging areas, and outdoor storage areas shall be shielded to direct light downward. (5) Related residential uses: Standard Industrial Classification Allowed Uses (SIC) Operators of apartment buildings 6513 165:128 06-15-2007 § 165-97 ZONING § 165-98 Standard Industrial Allowed Uses Classification Allowed Uses (SIC) Operators of dwellings other than apartment buildings 6514 Dormitories, commercially operated 7021 Nursing and personal care facilities 805 Residential care facilities 836 Dormitories, medical and allied health (As defined) Halfway house (As defined) Adult treatment home (As defined) Drug treatment home (As defined) Family care home (As defined) Group home (As defined) Protected population home (As defined) (6) Other related uses: § 165-98. District area, floor -to -area ratios and residential gross densities. A. All parcels that are zoned NIS (Medical Support) District shall contain a minimum of 20 acres_ These parcels shall be required to receive approval of a master development plan which meets all applicable requirements of Article XVIII of this chapter. 165:129 06- 15-2007 Standard Industrial Classification Allowed Uses (SIC) Ambulance service, road and vanpool operation 4119 Ambulance service, air 4522 Automobile parking 7521 Churches 8661 Fire protection 9224 Conference/events center (As defined) Fleet maintenance facility, medical and allied health (As defined) On-site utility systems (As defined) Telecommunications towers and facilities (As defined) Warehousing, medical and allied health services (As defined) Wellness centers (As defined) § 165-98. District area, floor -to -area ratios and residential gross densities. A. All parcels that are zoned NIS (Medical Support) District shall contain a minimum of 20 acres_ These parcels shall be required to receive approval of a master development plan which meets all applicable requirements of Article XVIII of this chapter. 165:129 06- 15-2007 § 165-98 FREDERICK COUNTY CODE § 165-99 B_ Parcels that are less than 20 acres in size that are contiguous to a master -planned MS (Medical Support) District development, including those parcels that are directly across public rights-of-way to a master-plarmed MS (Medical Support) District development, may be rezoned to the MS District. C_ The Planning Commission may provide for the administrative approval of parcel subdivisions which front on private street systems during the master development plan approval process_ D_ Hospitals, office buildings, conference/events centers, wellness centers, and all land use pitted under § 165-97B(1), Educational support services, shall be allowed to develop permitted a maximum floor -to -area ratio (FAR) of two_ The maximum FAR shall be based on the total site area for a master -planned MS (Medical Support) District that is to be developed as one parcel, or for the total site area of individual parcels that are subdivided for development purposes. E_ All permitted land uses other than those described in § 165-98D providing support services to this district shall be allowed to develop a maximum floor -to -area ratio (FAR) of one_ The maximum FAR shall be determined as described in § 165 -98D - F. The overall gross densities for permitted land uses identified in § 165-97B(5) shall be calculated as described under this subsection_ (1) Detached and sena-detached residential structures having individual access may have a minimum lot size of 3,000 square feet per dwelling unit_ (2) All other related residential land uses shall provide a minimum of 1,000 square feet of lot area per bedroom. § 165-99. Access regulations. A. All land uses permitted in this article shall be served by street systems that are constructed to the geometric design standards for urban collector streets and urban local streets_ Such street systems may be private or may be dedicated to Frederick County for eventual acceptance into the state secondary road system B. Parcels that contain portions of collector street systems that are intended to continue through to other parcels to meet the intent of the Frederick County Comprehensive Policy Plan shall be built to applicable state secondary road standards and shall be dedicated to Frederick County for eventual acceptance into the state secondary road system_ C. Commercial entrances for permitted support services and entrances for related residential developments on urban collector streets shall have a minimum spacing requirement of 150 feet between entrances. D. Commercial entrances for permitted support services and entrances for related residential developments shall have a minimum spacing requirement of 100 feet from street intersections to provide for adequate vehicle stacking. 165:130 06-15-2007 § 165-99 ZONING § 165-101 E. Driveways serving individual related residential land uses shall only be permitted along urban local streets. F_ All permitted land uses shall be designed to provide for internal traffic circulation and interparcel connectors to adjoining land uses to provide for access between uses without entering onto urban collector streets. § 165-100. Structural and parking lot setback regulations. A. All permitted educational, research, professional, commercial, and other related support services shall have a minimum front yard setback of 50 feet from any urban collector street and a minimum front yard setback of 35 feet from any urban local street B. All permitted related residential uses shall have a minimum front yard setback of 25 feet from any urban local street. C_ All permitted support services and related residential land uses are not proposed to have minimum side or rear yard setbacks. Individual parcels which are designed to be placed on a side or rear property Iine shall obtain a maintenance easement from the adjoining parcel that is a minimum of 10 feet in width. D. Parking -lots shall be- set back a minimum of 20 feet from urban collector streets and shall be set back a minimum of 10 feet from urban local streets to provide for safe ingress and egress into developed parcels. E. Parking lots located between the urban collector street and the building front shall be developed to include an earth berm or natural topography that is a minimum of three feet in height above the finished grade developed at a 3:1 slope. Evergreen shrubbery that is a minimum of two feet in height at the time of planting shall be provided along the apex of the berm at a rate of 25 plantings per 100 Iinear feet This element shall begin at the street right-of-way and end at the beginning of the parking lot. Parking lots located between the urban local street and the building front shall be developed to the standards set forth in § 165-27 of this chapter.- F. hapter:F. Parcels which are designed to have parking lots located behind the building shall have a reduced front yard setback of 25 feet from any urban collector street and .15 feet from any urban local street. § 165-101. Height regulations. A. The maximum structural height for hospitals, office buildings, and all land use permitted under § 165-9713(1), Educational support services, shall be 90 feet. B. The maximum structural height for residential care facilities, nursing and personal care facilities, dormitories, and automobile parking structures shall be 70 feet. C. The maximum structural height for all other land uses permitted in this article shall be 35 feet. 165:131 06- 15 -2007 § 165-101 FREDERICK COUNTY CODE § 165-102 D. Structural setbacks for all land uses permitted under § 165 -IOTA and 165-IOIB shall be increased one foot for every foot that the structure exceeds 35 feet in height_ The increased structural setback shall be measured as follows: (1) From the minimum front yard setback established along urban collector streets and urban local streets for a master -planned MS (iviedical Support) District that is to he developed as one parcel, or from the minimum front, side, and rear yards of individual parcels that are subdivided for development purposes. (2) From any required buffer area for a master -planned MS (Medical Support) District that is to be developed as one parcel, or for individual parcels that are subdivided for development purposes_ (3) From the minimum buildingseparation distance established between residential and nonresidential land uses_ E- A clear zone void of structures, signage, vegetation, and berms shall be established in areas determined by the Fire Marshal to ensure appropriate emergency access for all land uses permitted under § 165-IOIA and 165-10113. These identified areas shall begin at a distance of 25 feet from the structure and shall have a minimum width of 20 feet- An easement shall be obtained on adjoining properties to establish required clear zone areas if they cannot be provided on the individual lot proposed for development_ § 165-102- Open space, landscaped area, and buffer and screening regulations. A_ The minimum open space percentage for the MS (Medical Support) District shall include: (1) Twenty percent of the overall gross area of a master -planned MS (Medical Support) District that is to be developed as one parcel. (2) Twenty-five percent of the total site area of individual parcels that are subdivided for support services and 30% of the total site area of individual parcels that are subdivided for related residential land uses. B. All open space areas shall be landscaped to provide for a grass cover and vegetative elements as required under § 165-27E(II),, Parking lot landscaping, and § 165-37, Buffers- and screening, of this chapter. Minimum standards for required vegetative elements include two-inch caliper trees and three-foot shrubs at the time of planting. Stormwater management facilities and landscaped parking lot raised islands shall be permitted to be- calculated as part of the overall open space percentage. C- Buffer and screening requirements for the MS (Medical Support) District shall include: (1) Master development planned area that is to be developed as one parcel. (a) A fifty -foot perimeter buffer from all adjoining parcels. The first 25 feet of this buffer area, measured from the adjoining property line, shall provide vegetative plantings, including a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting, and a single 165:132 06- 15-2007 § 165-102 ZONING § I65-102 row of deciduous trees spaced 30 feet apart that have a minimum. two-inch caliper at the time of planting. An earth berm that is four feet in height and constructed on a 3:1 slope shall be provided in addition to the vegetative plantings if the primary use of the adjoining property is residential. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. (b) A fifty -foot internal separation buffer between all support service land uses and related residential land uses meeting the vegetative planting and earth berm requirements specified in § 165-102C(1)(a) of this article. (c) An internal residential separation buffer between detached, semi-detached, and all other related residential land uses containing a twenty -five-foot buffer with a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting. (2) Master development planned area that is to be developed as individual parcels. (a) Buffer and screening requirements between all land uses which are not contained within the same categories identified in § 165-97B of this article_ (b) All land uses required to provide buffers and screening internal to the MS (Medical Support) District shall meet the requirements of a B Category buffer as described in § 165-37 of this chapter; as well as all other applicable provisions of this section. (3) All parcels within the MS (Medical Support) District which adjoin parcels that are utilized for agricultural activities shall provide the following buffers: (a) A one -hundred -foot buffer adjacent to a parcel whose primary use is agriculture. Agricultural land use shall -be considered to be any parcel zoned RA (Rural Areas) District whose primary use is not residential or orchard_ A twenty -foot landscaped easement, measured from the adjoining property line, shall be provided which contains a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting and an earth berm that is three feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. (b) A two -hundred -foot buffer adjacent to a parcel whose primary use is orchard. A forty -foot landscaped easement, measured from the adjoining property line, shall be provided which contains a double row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting and an earth berm that is six feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. 165:133 06, 15 - 2007 § 165-102 FREDERICK COUNTY CODE § 165-105 (4) A road efficiency buffer meeting the requirements § 165-37E of this chapter shall -be provided for all related residential land uses permitted in § 165-97B(5) of this article. § 165-103. Sign regulations. A. Land uses within the MS (Medical Support) District shall be permitted to utilize business signs, directional signs, on-site informational signs, building entrance signs, and wall -mounted signs to effectively communicate the location of and direction to support services and related residential structures_ B_ All business signs shall be monument -style signs that are a maximum of 12 feet in height_ Business signs shall not exceed 100 square feet in area_ C. All wall -mounted signs shall be permitted to encompass 20% of the wall area to which they are attached, provided that the total area of the wall -mounted sign does not exceed 200 square feet_ D. All business signs shall be set back a minimum of 10 feet from all urban collector streets and urban local streets and shall have a minimum spacing requirement of 100 feet between business signs_ E. Directional signs and on-site informational signs shall be set back a minimum of five feet from all urban collector streets, urban local streets, street intersections, and street entrances to provide for safe and adequate sight distance. Directional signs shall not exceed 50 square feet in area, and informational signs shall not exceed 20 square feet in area_ Directional signs and informational signs shall be exempt from minimum spacing requirements between business signs and other directional signs. ARTICLE XIV API Airport District § 165-104. Intent. The API Airport District is intended to ensure the complete safety of the Winchester Regional Airport. It is intended to prevent the encroachment of airport hazards and requires existing potential airport hazards to be removed, altered, marked or lighted as deemed necessary by the Executive Director of the Winchester Regional Airport Authority. This Article also provides for noise easements and noise abatement to protect adjoining zones from the exposure of airport noise. § 165-105. Airport safety zones. A. In order to carry out the provisions of this district, zones are established which include all of the land and airspace of Frederick County with elevations equal to and above the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Winchester Regional Airport. These zones are established as overlay zones 165.134 06'- t5. 2007 § 165-156 FREDERICK COUNTY CODE § 165-156 ACCESSORY USE — A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use. ACTIVE DISTANCE BUFFER — A distance buffer which contains no building or principal structure of activity but which may contain an accessory use or activity. ADDITION — A structure added to the original structure at some time after the completion of the original. ADJACENT OR ADJOINING LOT OR LAND — A lot or parcel of land which 'shares all or part of a common lot line with another lot or parcel or land or which is immediately across a street or road from said parcel or lot. ADULT CARE RESIDENCES and ASSISTED LIVING CARE FACILITIES — Any place, establishment or institution, public or private, operated or maintained for the maintenance or care of four or more adults who are aged, infirm or disabled and who are cared for in a primarily residential setting, except a facility or portion of a facility licensed by the State Board of Health or the Department of Mental Health, Mental Retardation and Substance Abuse Services; and the home or residence of an individual who cares for or maintains only persons related to him by blood or marriage; and a facility or portion of a facility serving infirm or disabled persons between the ages of 18 and 21. [Added 2-26-1997] ADULT RETAIL — A retail establishment for which 25% or more of its stock in trade, as determined by floor area, is in videos, magazines, books, publications, tapes, films or other periodicals and paraphernalia which are distinguished or characterized by an emphasis on depicting or describing specified sexual conduct or specified anatomical areas. [Added 8-13-1997] ADULT TREATMENT HOME — A residential facility for persons recovering from alcohol abuse where supervision, rehabilitation and counseling are provided to the residents. [Added 9-12-20011 ; AGE -RESTRICTED COMMUNITY — A designated area of at least 250 acres in size within a residential recreational community development which is intended to be absent of school age children and which ensures, through covenants, management regulations or other similar legal instruments, enforceable by a homeowners' association or other private entity, that at least one of the residents of at least 80% of the units is 55 years of age or older. [Added 8-9-2000] AGRICULTURAL (OR LOCALLY SIGNIFICANT) SOILS — A group of soils identified as prime farmland by the Soil Survey of Frederick County Virginia, prepared by the United States Department of Agriculture. [Added 4-23-20031 AGRICULTURE and FARMING — - Any of the following activities: . A. Cultivating the soil or raising or harvesting any agricultural or horticultural commodity on a farm, including the raising, shearing, feeding, caring for, training and management of animals. 165:172 06.15 - 2007 Existing Ordinance Suggested additions and des ARTICLE XIII MS (Medical Support) District [Added 9-12-20012o] § 165-96. Intent. ATTACHMENT 2 The MS (Medical Support) District is intended to provide for areas to support hospitals, medical centers, medical offices, clinics, and schools of medicine. These areas are intended to allow for a variety of support services and related residential land uses to be within close proximity of each other to provide for professional and patient convenience. All land to be contained within the Medical Support District shall be included within a master development plan to ensure that land uses are compatibly mixed, designed in a harmonious fashion, and developed to minimize adverse impacts to adjoining properties. § 165-97. Permitted uses. A. All land uses shall be developed in accordance with an approved master development plan that meets the criteria in Article XVIII of this chapter. B. Structures are to be erected or land used for one or more of the identified uses. The permitted uses are identified by Standard Industrial Classification. All uses described by Standard Industrial Classification are allowed only if the major group, industry group number, or industry number general group titles are used. (1) Educational support services: Standard Industrial CYassification Allowed Uses (SIC) Colleges, universities, professional schools and junior 822 colleges Libraries 823 Nursing schools, practical 8249 (2) Research support services: Standard Industrial Classification Allowed Uses (SIC) Research and development facilities for the 283 following manufacturing groups: Drugs Commercial physical and biological research 8731 Noncommercial research organizations Testing laboratories 8733 8734 (3) Professional and commercial support services. Standard Industrial Classification Allowed Uses (SIC) Convenience stores 5411 Retail bakeries 546 Coffee stores, health food stores and vitamin stores 5499 Retail uniform stores 5699 Eating places 5812 Drug stores and proprietary stores 591 Bookstores 5942 Stationery stores 5943 Gift shops, greeting card shops and balloon shops 5947 Florists 5992 News dealers and news stands 5994 Optical goods stores 5995 Orthopedic and artificial limb stores 5999 Commercial Banks 602 Credit Unions 606 Life insurance offices 6311 Accident and health insurance offices 6321 Hospital and medical service plans offices 6324 Pension, health and welfare funds offices 6371 Insurance agents, brokers and service offices 6411 Opef -Aer-s of fies-n esi eiAi-al- buildings Real estate agents and managers offices 6512 6531 Holding offices 671 Hotels and motels 701 Organizational hotels and lodging houses 704 Garment pressing and agents for laundries and drycleaners 7212 Linen supplies 7213 Beauty shops 7231 Barber shops 7241 Photocopying and duplicating services 7334 Medical equipment rental and leasing 7352 Data entry, data processing, data verification and optical 7374 Scanning data service Product sterilization services [Added 8-24-20041 7389 Hearing aid repair and medical equipment repair, electrical 7629 Dental instrument repair, laboratory instrument repair, 7699 medical equipment repair, except electric, microscope repair, optical instrument repair, scientific instrument repair, except electric and surgical instrument repair Physical fitness facilities 7991 Membership sports and recreation clubs 7997 (4) (5) Offices and clinics of doctors and dentists 801-804 Hospitals 806 Medical laboratories 8071 Dental laboratories 8072 Miscellaneous health and allied services 809 Adult day-care centers 8322 Child day-care services 8351 Public buildings, including the following: Social services offices Free medical clinics Manufacturing and wholesaling support services (a) All permitted manufacturing and wholesaling support services shall meet the flex - tech performance standards as identified in § 165-48.7C of this chapter. (b) All outdoor lighting fixtures designed to illuminate parking lots, loading bay areas, maneuvering areas, staging areas, and outdoor storage areas shall be shielded to direct light downward. Related residential uses to support hospitals, inedical centers, medical offices, clinics, and schools of medicine: Standard Industrial Classification Allowed Uses (SIC) Pharmaceutical machinery 3559 Surgical, medical and dental instruments and supplies 384 Ophthalmic goods 385 Medical, dental and hospital equipment and supplies 5047 Ophthalmic goods 5048 Laboratory equipment, except medical and dental 5049 Drugs, drug proprietaries and druggist sundries 512 (a) All permitted manufacturing and wholesaling support services shall meet the flex - tech performance standards as identified in § 165-48.7C of this chapter. (b) All outdoor lighting fixtures designed to illuminate parking lots, loading bay areas, maneuvering areas, staging areas, and outdoor storage areas shall be shielded to direct light downward. Related residential uses to support hospitals, inedical centers, medical offices, clinics, and schools of medicine: Standard Industrial Classification Allowed Uses SIC Operators of apartment buildings 6513 Operators of dwellings other than apartment buildings 6514 Dormitories, commercially operated 7021 Nursing and personal care facilities 805 Residential care facilities 836 Dormitories, medical and allied health (As defined) Halfway house (As defined) Adult treatment home (As defined) Drug treatment home (As defined) Family care home (As defined) (6) (7) Group home (As defined) Protected population home (As defined) Other related uses: On-site utility systems (As defined) Telecommunications towers and facilities (As defined) Warehousing, medical and allied health services (As defined) Wellness centers (As defined) Continuing Care Retirement Communities Standard Industrial Classification Allowed Uses (SIC) Operators of apartment buildings 6513 Operators of dwellings other than apartment buildings 6514 Nursing and personal care facilities 805 Residential care facilities 836 (a) Independent living facilities (as defined) may consist of any of the following residential structures: single-family small lot, duplex, multiplex, atrium house or garden apartments. (b) Home Occupations (as defined). (c) Continuing Care Retirement Communities (as defined) must conform to the following performance standards: 1. All Continuing Care Retirement Communities must be within a two mile radius from the center of the Route 37 Medical Center Interchange. 2. Maximum residential density shall not exceed ten units per acre provided the following: (a) Single-family detached and single-family attached residential structures having individual access shall have an average lot area of 3,000 square feet per dwelling unit. Standard Industrial Classification Allowed Uses (S YC) Ambulance service, road and vanpool operation 4119 Ambulance service, air 4522 Automobile parking 7521 Churches 8661 Fire protection 9224 Conference/events center (As defined) Fleet maintenance facility, medical and allied health (As defined) On-site utility systems (As defined) Telecommunications towers and facilities (As defined) Warehousing, medical and allied health services (As defined) Wellness centers (As defined) Continuing Care Retirement Communities Standard Industrial Classification Allowed Uses (SIC) Operators of apartment buildings 6513 Operators of dwellings other than apartment buildings 6514 Nursing and personal care facilities 805 Residential care facilities 836 (a) Independent living facilities (as defined) may consist of any of the following residential structures: single-family small lot, duplex, multiplex, atrium house or garden apartments. (b) Home Occupations (as defined). (c) Continuing Care Retirement Communities (as defined) must conform to the following performance standards: 1. All Continuing Care Retirement Communities must be within a two mile radius from the center of the Route 37 Medical Center Interchange. 2. Maximum residential density shall not exceed ten units per acre provided the following: (a) Single-family detached and single-family attached residential structures having individual access shall have an average lot area of 3,000 square feet per dwelling unit. (b) All other residential land uses shall provide a minimum of 1,000 square feet of lot average lot area per bedroom. 3. The Continuing Care Retirement Community must consist of residential units which provide all of the following for its residents: independent living facilities, congregate care -assisted living facilities, and nursing home care. 4. Occupancy of the dwelling units is restricted to older persons (as such term is used in the definition of "housing for older persons" in Sec. 36-96.7 of the Code of Virginia (1950, as amended), with the following exceptions: (1) The spouse of a resident, regardless of age; or (2) Resident staff necessary for operation of the facility are also allowed to live on site. S. The communities may provide ancillary services and facilities, such as but not limited to transportation, a common dining room and kitchen, recreation area, meeting or activity rooms, library, chapel, convenience commercial area, or other services and facilities for the enjoyment, service or care of the residents. Such facilities must be conveniently located in relation to the remainder of the development, particularly the dwelling units; they must not be externally advertised. The Board of Supervisors may restrict their use to residents and staff only. § 165-95. District area, floor -to -area ratios and residential gross densities. A. All parcels that are zoned MS (Medical Support) District shall contain a minimum of 20 acres. These parcels shall be required to receive approval of a master development plan which meets all applicable requirements of Article XVIII of this chapter. B. Parcels that are less than 20 acres in size that are contiguous to a master -planned MS (Medical Support) District development, including those parcels that are directly across public right-of-way to a master -planned MS (Medical Support) District development, an4 may be rezoned to the MS District. C. The Plaming Gammissio Board of Supervisors may provide for the administrative approval of a parcel subdivision which fronts on private street systems during the master development plan approval process. D. Hospitals, office buildings, conference/events centers, wellness centers, and all land use permitted under §165-97B(1), Educational support services, shall be allowed to develop a maximum floor -to -area ratio (FAR) of two. The maximum FAR shall be based on the total site area for a master -planned MS (Medical Support) District development that is to be developed as one parcel, or for the total site area of individual parcels in the development that are subdivided for development purposes. E. All permitted land uses other than those described in §165-98D providing support services to this district shall be allowed to develop a maximum floor -to -area ratio (FAR) of one. The maximum FAR shall be determined as described in § 165-98D. F. The overall gross densities for permitted land uses identified in § 165-97B(5) shall be calculated as described under this subsection: (1) Detaehed and semi d&laehea Single family detached and Single-family attached residential structures having individual access may have a minimum lot size or average lot area of 3,000 square feet per dwelling unit. (2) All other related residential land uses shall provide a minimum of 1,000 square feet of lot size or average lot area per bedroom. § 165-99. Access regulations. A. All land uses permitted in this article shall be served by street systems that are constructed to the geometric design standards for urban collector streets and urban local streets. Such street systems may be private or may be dedicated to Frederick County for eventual acceptance into the state secondary road system. B. Parcels that contain portions of collector street systems that are intended to continue through to other parcels to meet the intent of the Frederick County Comprehensive Policy Plan shall be built to applicable state secondary road standards and shall be dedicated to Frederick County for eventual acceptance into the state secondary road system. C. Commercial entrances for permitted support services and entrances for related residential developments on urban collector streets shall have a minimum spacing requirement of 4-5-0 250 feet or minimum VDOT spacing, whichever is greater, between entrances. D. Commercial entrances for permitted support services and entrances for related residential developments shall have a minimum spacing requirement of 440 150 feet or minimum VDOT spacing, whichever is greater, from street intersections to provide for adequate vehicle stacking. E. Driveways serving individual related residential land uses shall only be permitted along urban local streets. F. All permitted land uses shall be designed to provide for internal traffic circulation and interparcel connectors to adjoining land uses to provide for access between uses without entering onto urban collector streets. The Board of Supervisors may grant a waiver to this requirement if topographic constraints or land use conflicts prevent Interparcel connectivity or make it undesirable. § 165-100. Statural Structure and parking lot setback regulations. A. All permitted educational, research, professional, commercial and other related support services shall have a minimum front yard setback of 50 feet from any urban collector street and a minimum front yard setback of 35 feet from any urban local street. B. All permitted related residential uses and Continuing Care Retirement Communities shall have a minimum front yard setback of 25 feet from any public urban local street and a front yard setback of 20 feet from any private urban local road. On residential units utilizing a rear alley for access, the setback off of a private road may be reduced by 10 feet provided there are not driveways on the private road to the residential unit. Structural front yard setbacks from private roads shall be measured from the edge of the access easement. C. Residential Housing units within a Continuing Care Retirement Community to include single-family small lot, duplex and multiplex shale have a minimum building spacing of 10 feet between units and no building can be within 50' of the perimeter boundary of the development. C -D. All permitted support services and related residential land uses other than those described in §165-1000 are not proposed to have minimum side or rear yard setbacks. Individual parcels which are designed to be have structures placed on a side or rear property line shall obi be provided with a maintenance easement €r -OM on the adjoining parcel that is a minimum of 10 feet in width. D-: E. Parking lots shall be set back a minimum of 20 feet from urban collector streets and shall be set back a minimum of 10 feet from urban local streets to provide for safe ingress and egress into developed parcels. F. Parking lots located between the urban collector street and the building front shall be developed to include an earth berm or natural topography that is a minimum of three feet in height above the finished grade developed at a 3:1 slope. Evergreen shrubbery that is a minimum of two feet in height at the time of planting shall be provided along the apex of the berm at a rate of 25 plantings per 100 linear feet. This element shall begin at the street right-of-way and end at the beginning of the parking lot. Parking lots located between the urban local street and the building front shall be developed to the standards set forth in § 165-27 of this chapter. F: G. Parcels which are designed to have parking lots located behind the building shall may have a reduced front yard setback of 25�- 20 feet from any urban collector street and 15 feet from any urban local street. § 165-101. 'Height regulations. A. The maximum structural height for hospitals, office buildings and all land use permitted under § 165-9713(1), Educational support services, shall be 90 feet. B. The maximum structural height for residential care facilities, nursing and personal care facilities, dormitories, garden apartments and automobile parking structures shall be 70 feet. C. The maximum structural height for all other land uses permitted in this article shall be 35 feet. D. Structural setbacks for all land uses permitted under § 165-IOIA and 165-1OIB shall be increased one foot for every foot that the structure exceeds 35 feet in height. The increased structural setback shall be measured as follows: (1) From the minimum front yard setback established along urban collector streets and urban local streets for a master -planned MS (Medical Support) District development that is to be developed as one parcel, or from the minimum front, side and rear yard of individual parcels that are subdivided for development purposes. (2) From any required buffer area for a master -planned MS (Medical. Support) District that is to be developed as one parcel, or for individual parcels that are subdivided for development purposes. (3) From the minimum building separation distance established between residential and nonresidential land uses. E. A clear zone void of structures, signage, vegetation and berms shall be established in areas determined by the Fire Marshall to ensure appropriate emergency access for all land uses permitted under § 165-IOIA and 165-101B. These identified areas shall begin at a distance of 25 feet from the structure and shall have a minimum width of 20 feet. An easement shall be obtained on adjoining properties to establish required clear zone areas if they cannot be provided on the individual lot proposed for development. § 165-102. Open spaces, landscaped area and buffer and screening regulations. A. The minimum open space percentage for.the MS (Medical Support) District shall include: (1) Twenty percent of the overall gross area of a master -planned MS (Medical Support) District that is to be developed as one parcel. (2) Twenty-five percent of the total site area of individual parcels that are subdivided for support services and 30% of the total site area of individual parcels that are subdivided for related residential land uses. B. All open space areas shall be landscaped to provide for a grass cover and vegetative elements as required under § 165-27E(11), Parking lot landscaping, and § 165-37, Buffers and screening, of this chapter. Minimum standards for required vegetative elements include two-inch caliper trees and three-foot shrubs at the time of planting. Stormwater management facilities and landscaped parking lot raised islands shall be permitted to be calculated as part of the overall open space percentage. C. Buffer and screening requirements for the MS (Medical Support) District shall include: (1) Master development planned area that is to be developed as one parcel. (a) A fifty -foot perimeter buffer from all adjoining parcels. The first 25 feet of this buffer area, measured from the adjoining property line, shall provide vegetative plantings, including a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting, and a single row of deciduous trees spaced 30 feet apart that have a minimum two-inch caliper at the time of planting. An earth berm that is four feet in height and constructed on a 3:1 slope shall be provided in addition to the vegetative plantings if the primary use of the adjoining property is residential. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. (b) A fifty -foot internal separation buffer between all support service land uses and related residential land uses meeting the vegetative planting and earth berm requirements specified in § 165-102C(1)(a) of this article. (c) An internal residential separation buffer between detached, semi- detached, and all other related residential land uses containing a twenty-five foot buffer with a single row of evergreen trees on ten - foot centers that are a minimum of four feet at the time of planting. (d) Continuing Care Retirement Communities (as defined) shall be exempt from internal separation and internal residential separation buffers. (2) Master development planned area that is to be developed as individual parcels. (a) Buffer and screening requirements between all land uses which are not contained within the same categories identified in § 165-97B of this article. (b) All land uses required to provide buffers and screening internal to the MS (Medical Support) District shall meet the requirements of a B Category buffer as described in § 165-37 of this chapter; as well as all other applicable provisions of this section. (3) All parcels within the MS (Medical Support) District which adjoin parcels that are utilized for agricultural activities shall provide the following buffers: (a) A one -hundred foot buffer adjacent to a parcel whose primary use is agriculture. Agricultural land use shall be considered to be any parcel zoned RA (Rural Areas) District whose primary use is not residential or orchard. A twenty -foot landscaped easement, measured from the adjoining property line, shall be provided which contains a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting and an earth berm that is three feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. (b) A two -hundred -foot buffer adjacent to a parcel whose primary use is orchard. A forty -foot landscaped easement, measured from the adjoining property line, shall be provided which contains a double row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting and an earth berm that is six feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. (4) A road efficiency buffer meeting the requirements § 165-37E of this chapter shall be provided for all related residential land uses permitted in § 165-97B(5) of this article. § 165-103. Sign regulations. A Permitted Signage (1) Business signs (2) Signs allowed in § 165-30B (3) Multi -tenant complex signs (4) Freestanding building entrance signs B. All business signs shall be monument -style signs that are a maximum of 12 feet in height. Business signs shall not exceed 100 square feet in area. C. All wall -mounted signs shall be pei:m +t_,a to e___a- pans 20,% of the „ii area to whieh they are a#aehed, provided that the total area of the wa4l moupAed sign does not exeeed 200-s e- fM. conform to §165-30H(1) of the Frederick County Zoning Ordinance. D. All business signs shall b + b kminim-umof 10 f + f.,, all rb elie„+, fea between business signs. Sign setbacks shall conform to §165-30E of the Frederick County Zoning Ordinance and sign spacing shall conform to §165-30F of the Frederick County Zoning Ordinance. E. Directional signs and on-site informational signs shall be set back a minimum of five feet from all urban collector streets, urban local streets, street intersections, and street entrances to provide for safe and adequate sight distance. Directional signs shall not exceed 50 square feet in area, and informational signs shall not exceed 20 square feet in area. Directional signs and informational signs shall be exempt from minimum spacing requirements between business signs and other directional signs. 20. Editor's Note: This ordinance also redesignated former Arts. XIII through XXI as XIV through XXII, respectively; and renumbered §§ 165-96 through 165-145 as 165-104 through 165-156, respectively. ATTACHMENT 3 Section 165-156 (Definitions) of the Frederick County Zoning Ordinance Continuing Care Retirement Community (C CRC) — A housing development on one parcel of land that meets the requirements for housing for older persons (as defined in Chapter 36-96.7 of the Code of Virginia, 1950 as amended) that is planned, designed and operated to provide a full range of accommodations for older persons, including independent living facilities, congregate care facilities, assisted living facilities and nursing home (skilled -care) facilities. CCRC's must also include ancillary facilities for the further enjoyment, service or care of the residents. In a CCRC residents may move from one level to another level of housing accommodations as their needs change. Continuing Care Residential Communities may not contain individual parcels and may not include condominium options, the community must be developed as one parcel that is owned and operated by one entity that offers rental options for the residential units. Independent Living Facility - A building or series of buildings containing independent dwelling units or individual housing units to include: single family detached. duplex or multiplex units. Independent living facilities are intended to provide housing for older persons not requiring health or other services offered through a central management structure/source. The facility may include ownership or rental units and must be subject to appropriate covenants, conditions, management policies or other procedures to ensure that the facility provides only housing for older persons (as defined in Chapter 36-96.7 of the Code of Virginia, 1950 as amended). Congregate Care Facility - A building containing residential living facilities intended as housing for older persons and which offers the residents of such facility the opportunity to receive their meals in a central dining facility, to receive housekeeping services and to participate in activities, health services, and other services offered through a central management structure/service. Assisted Living Facility - A building or series of buildings containing residential living facilities for older, disabled or infirm persons and which provides personal and health care services, 24-hour supervision, and various types of assistance (scheduled and unscheduled) in daily living and meeting the requirements of Section 63.2-1500, et. seq. of the Code of Virginia (1950), as amended. Adult Care Residences — A public or private establishment operated or maintained for the maintenance or care of four or more adults who are aged, infirm or disabled and who are cared for in a primarily residential setting. Adult care residences do not include facilities or portions of a facility licensed by the state Board of Health or the Department of Mental Health, Mental Retardation and Substance Abuse Services; and the home or residence of an individual who cares for or maintains only persons related to him by blood or marriage; and a facility or portion of a acility serving infirm or disabled persons between the ages of 18 and 21. CLEAN VERSION ARTICLE XIII IVIS (Medical Support) District [Added 9-12-20012x] § 165-96. Intent. ATTACHMENT 4 The MS (Medical Support) District is intended to provide for areas to support hospitals, medical centers, medical offices, clinics, and schools of medicine. These areas are intended to allow for a variety of support services and related residential land uses to be within close proximity of each other to provide for professional and patient convenience. All land to be contained within the Medical Support District shall be included within a master development plan to ensure that land uses are compatibly mixed, designed in a harmonious fashion, and developed to minimize adverse impacts to adjoining properties. § 165-97. Permitted uses. A. All land uses shall be developed in accordance with an approved master development plan that meets the criteria in Article XVIII of this chapter. B. Structures are to be erected or land used for one or more of the identified uses. The permitted uses are identified by Standard Industrial Classification. All uses described by Standard Industrial Classification are allowed only if the major group, industry group number, or industry number general group titles are used. (1) Educational support services: Standard Industrial Classification Allowed Uses (SIC) Colleges, universities, professional schools and junior 822 colleges Libraries 823 Nursing schools, practical 8249 (2) Research support services: Standard Industrial Classification Allowed Uses (SIC) Research and development facilities for the 283 following manufacturing groups: Drugs Commercial physical and biological research 8731 Noncommercial research organizations 8733 Testing laboratories 8734 (3) Professional and commercial support services. Standard Industrial Classification Allowed Uses (SIC) Convenience stores 5411 Retail bakeries 546 Coffee stores, health food stores and vitamin stores 5499 Retail uniform stores 5699 Eating places 5812 Drug stores and proprietary stores 591 Bookstores 5942 Stationery stores 5943 Gift shops, greeting card shops and balloon shops 5947 Florists 5992 News dealers and news stands 5994 Optical goods stores 5995 Orthopedic and artificial limb stores 5999 Commercial Banks 602 Credit Unions 606 Life insurance offices 6311 Accident and health insurance offices 6321 Hospital and medical service plans offices 6324 Pension, health and welfare funds offices 6371 Insurance agents, brokers and service offices 6411 Real estate agents and managers offices 6531 Holding offices 671 Hotels and motels 701 Organizational hotels and lodging houses 704 Garment pressing and agents for laundries and drycleaners 7212 Linen supplies 7213 Beauty shops 7231 Barber shops 7241 Photocopying and duplicating services 7334 Medical equipment rental and leasing 7352 Data entry, data processing, data verification and optical 7374 Scanning dal�i service Product sterilization services (Added 8-24-20041 7389 Hearing aid repair and medical equipment repair, electrical 7629 Dental instrument repair, laboratory instrument repair, 7699 medical equipment repair, except electric, microscope repair, optical instrument repair, scientific instrument repair, except electric and surgical instrument repair Physical fitness facilities 7991 101 (5) Membership sports and recreation clubs 7997 Offices and clinics of doctors and dentists 801-804 Hospitals 806 Medical laboratories 8071 Dental laboratories 8072 Miscellaneous health and allied services 809 Adult day-care centers 8322 Child day-care services 8351 Public buildings, including the following: 836 Social services offices (As defined) Free medical clinics (As defined) Manufacturing and wholesaling support services Standard Industrial Classification Allowed Uses (SC) Pharmaceutical machinery 3559 Surgical, medical and dental instruments and supplies 384 Ophthalmic goods 385 Medical, dental and hospital equipment and supplies 5047 Ophthalmic goods 5048 Laboratory equipment, except medical and dental 5049 Drugs, drug proprietaries and druggist sundries 512 (a) All permitted manufacturing and wholesaling support services shall meet the flex - tech performance standards as identified in § 165-48.7C of this chapter. (b) All outdoor lighting fixtures designed to illuminate parking lots, loading bay areas, maneuvering areas, staging areas, and outdoor storage areas shall be shielded to direct light downward. Related residential uses to support hospitals, medical centers, medical offices, clinics, and schools of medicine: Standard Industrial Classification Allowed Uses SIC Operators of apartment buildings 6513 Operators of dwellings other than apartment buildings 6514 Dormitories, commercially operated 7021 Nursing and personal care facilities 805 Residential care facilities 836 Dormitories, medical and allied health (As defined) Halfway house (As defined) Adult treatment home (As defined) Drug treatment home (As defined) (6) Family care. home (_As defined) Group home (As defined) Protected population home (As defined) Other related uses: On-site utility systems (As defined) Telecommunications towers and facilities (As defined) Warehousing, medical and allied health services (As defined) Wellness centers (As defined) (7) Continuing Care Retirement Communities Standard Industrial Classification Allowed Uses (SIC) Operators of apartment buildings 6513 Operators of dwellings other than apartment buildings 6514 Nursing and personal care facilities 805 Residential care facilities 836 (a) Independent living facilities (as defined) may consist of any of the following residential structures: single-family small lot, duplex, multiplex, atrium house or garden apartments. (b) Home Occupations (as defined). (c) Continuing Care Retirement Communities (as defined) must conform to the following performance standards: 1. All Continuing Care Retirement Communities must be within a two mile radius from the center of the Route 37 Medical Center Interchange. 2. Maximum residential density shall not exceed ten units per acre provided the following: Standard Industrial Classification Allowed Uses (SIC) Ambulance service, road and vanpool operation 4119 Ambulance service, air 4522 Automobile parking 7521 Churches 8661 Fire protection 9224 Conference/events center (As defined) Fleet maintenance facility, medical and allied health (As defined) On-site utility systems (As defined) Telecommunications towers and facilities (As defined) Warehousing, medical and allied health services (As defined) Wellness centers (As defined) (7) Continuing Care Retirement Communities Standard Industrial Classification Allowed Uses (SIC) Operators of apartment buildings 6513 Operators of dwellings other than apartment buildings 6514 Nursing and personal care facilities 805 Residential care facilities 836 (a) Independent living facilities (as defined) may consist of any of the following residential structures: single-family small lot, duplex, multiplex, atrium house or garden apartments. (b) Home Occupations (as defined). (c) Continuing Care Retirement Communities (as defined) must conform to the following performance standards: 1. All Continuing Care Retirement Communities must be within a two mile radius from the center of the Route 37 Medical Center Interchange. 2. Maximum residential density shall not exceed ten units per acre provided the following: (a) Single-family detached and single-family attached residential structures having individual access shall have an average lot area of 3,000 square feet per dwelling unit. (b) All other residential land uses shall provide a minimum of 1,000 square feet of lot average lot area per bedroom. 3. The Continuing Care Retirement Community must consist of residential units which provide all of the following for its residents: independent living facilities, congregate care -assisted living facilities, and nursing home care. 4. Occupancy of the dwelling units is restricted to older persons (as such term is used in the definition of "housing for older persons" in Sec. 36-96.7 of the Code of Virginia (1950, as amended), with the following exceptions: (1) The spouse of a resident, regardless of age; or (2) Resident staff necessary for operation of the facility are also allowed to live on site. 5. The communities may provide ancillary services and facilities, such as but not limited to transportation, a common dining room and kitchen, recreation area, meeting or activity rooms, library, chapel, convenience commercial area, or other services and facilities for the enjoyment, service or care of the residents. Such facilities must be conveniently located in relation to the remainder of the development, particularly the dwelling units; they must not be externally advertised. The Board of Supervisors may restrict their use to residents and staff only. § 165-98. District area, floor -to -area ratios and residential gross densities. A. All parcels that are zoned MS (Medical Support) District shall contain a minimum of 20 acres. These parcels shall be required to receive approval of a master development plan which meets all applicable requirements of Article XVIII of this chapter. B. Parcels that are less than 20 acres in size that are contiguous to a master -planned MS (Medical Support) District development, including those parcels that are directly across public right-of-way to a master -planned MS (Medical Support) District development, may be rezoned to the MS District. C. The Board of Supervisors may provide for the administrative approval of a parcel subdivision which fronts on private street systems during the master development plan approval process. D. Hospitals, office buildings, conference/events centers, wellness centers, and all land use permitted under §165-97B(1), Educational support services, shall be allowed to develop a maximum floor -to -area ratio (FAR) of two. The maximum FAR shall be based on the total site area for a master -planned MS (Medical Support) District development that is to be developed as one parcel., or for the total site area of individual parcels in the development that are subdivided for development purposes. E. All permitted land uses other than those described in §165-98D providing support services to this district shall be allowed to develop a maximum floor -to -area ratio (FAR) of one. The maximum FAR shall be determined as described in § 165-98D. F. The overall gross densities for permitted land uses identified in §165-97B(5) shall be calculated as described under this subsection: (1) Single-family detached and single-family attached residential structures having individual access may have a minimum lot size or average lot area of 3,000 square feet per dwelling unit. (2) All other related residential land uses shall provide a minimum of 1,000 square feet of lot size or average lot area per bedroom. § 165-99. Access regulations. A. All land uses permitted in this article shall be served by street systems that are constructed to the geometric design standards for urban collector streets and urban local streets. Such street systems may be private or may be dedicated to Frederick County for eventual acceptance into the state secondary road system. B. Parcels that contain portions of collector street systems that are intended to continue through to other parcels to meet the intent of the Frederick County Comprehensive Policy Plan shall be built to applicable state secondary road standards and shall be dedicated to Frederick County for eventual acceptance into the state secondary road system. C. Commercial entrances for permitted support services and entrances for related residential developments on urban collector streets shall have a minimum spacing requirement of 250 feet or minimum VDOT spacing, whichever is greater, between entrances. D. Commercial entrances for permitted support services and entrances for related residential developments shall have a minimum spacing requirement of 150 feet or minimum VDOT spacing, whichever is greater, from street intersections to provide for adequate vehicle stacking. E. Driveways serving individual related residential land uses shall only be permitted along urban local streets. F. All permitted land uses shall be designed to provide for internal traffic circulation and interparcel connectors to adjoining land uses to provide for access between uses without entering onto urban collector streets. The Board of Supervisors may grant a waiver to this requirement if topographic constraints or land use conflicts prevent Interparcel connectivity or make it undesirable. § 165-100. Structure and parking lot setback regulations. A. All permitted educational, research, professional, commercial and other related support services shall have a minimum front yard setback of 50 feet from any urban collector street and a minimum front yard setback of 35 feet from any urban local street. B. All permitted related residential uses and Continuing Care Retirement Communities shall have a minimum front yard setback of 25 feet from any public urban local street and a front yard setback of 20 feet from any private urban local road. On residential units utilizing a rear alley for access, the setback off of a private road may be reduced by 10 feet provided there are not driveways on the private road to the residential unit. Structural front yard setbacks from private roads shall be measured from the edge of the access easement. C. Residential housing units within a Continuing Care Retirement Community to include single-family small lot, duplex and multiplex shall have a minimum building spacing of 10 feet between units and no building can be within 50' of the perimeter boundary of the development. D. All permitted support services and related residential land uses other than those described in §165-100C are not proposed to have minimum side or rear yard setbacks. Individual parcels which are designed to have structures placed on a side or rear property line shall be provided with a maintenance easement on the adjoining parcel that is a minimum of 10 feet in width. E. Parking lots shall be set back a minimum of 20 feet from urban collector streets and shall be set back a minimum of 10 feet from urban local streets to provide for safe ingress and egress into developed parcels. F. Parking lots located between the urban collector street and the building front shall be developed to include an earth berm or natural topography that is a minimum of three feet in height above the finished grade developed at a 3:1 slope. Evergreen shrubbery that is a minimum of two feet in height at the time of planting shall be provided along the apex of the berm at a rate of 25 plantings per 100 linear feet. This element shall begin at the street right-of-way and end at the beginning of the parking lot. Parking lots located between the urban local street and the building front shall be developed to the standards set forth in § 165-27 of this chapter. G. Parcels which are designed to have parking lots located behind the building may have a reduced front yard setback of 20 feet from any urban collector street and 15 feet from any urban local street. § 165-101. Height regulations. A. The maximum structural height for hospitals, office buildings and all land use permitted under §165-97B(1), Educational support services, shall be 90 feet. B. The maximum structural height for residential care facilities, nursing and personal care facilities, dormitories, garden apartments and automobile parking structures shall be 70 feet. C. The maximum structural height for all other land uses permitted in this article shall be 35 feet. D. Structural setbacks for all land uses permitted under § 165-101 A and 165-101 B shall be increased one foot for every foot that the structure exceeds 35 feet in height. The increased structural setback shall be measured as follows: (1) From the minimum front yard setback established along urban collector streets and urban local streets for a master -planned MS (Medical Support) District development that is to be developed as one parcel, or from the minimum front, side and rear yard of individual parcels that are subdivided for development purposes. (2) From any required buffer area for a master -planned MS (Medical Support) District that is to be developed as one parcel, or for individual parcels that are subdivided for development purposes. (3) From the minimum building separation distance established between residential and nonresidential land uses. E. A clear zone void of structures, signage, vegetation and berms shall be established in areas determined by the Fire Marshall to ensure appropriate emergency access for all land uses permitted under § 165 -IOTA and 165-101B. These identified areas shall begin at a distance of 25 feet from the structure and shall have a minimum width of 20 feet. An easement shall be obtained on adjoining properties to establish required clear zone areas if they cannot be provided on the individual lot proposed for development. § 165-102. Open spaces, landscaped area and buffer and screening regulations. A. The minimum open space percentage for the MS (Medical Support) District shall include: (1) Twenty percent of the overall gross area of a master -planned MS (Medical Support) District that is to be developed as one parcel. (2) Twenty-five percent of the total site area of individual parcels that are subdivided for support services and 30% of the total site area of individual parcels that are subdivided for related residential land uses. B. All open space areas shall be landscaped to provide for a grass cover and vegetative elements as required under § 165-27E(11), Parking lot landscaping, and § 165-37, Buffers and screening, of this chapter. Minimum standards for required vegetative elements include two-inch caliper trees and three-foot shrubs at the time of planting. Stormwater management facilities and landscaped parking lot raised islands shall be permitted to be calculated as part of the overall open space percentage. C. Buffer and screening . requirements for the MS (Medical Support) District shall include: (1) Master development planned area that is to be developed as one parcel. (a) A fifty -foot perimeter buffer from all adjoining parcels. The first 25 feet of this buffer area, measured from the adjoining property line, shall provide vegetative plantings, including a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting, and a single row of deciduous trees spaced 30 feet apart that have a minimum two-inch caliper at the time of planting. An earth been that is four feet in height and constructed on a 3:1 slope shall be provided in addition to the vegetative plantings if the primary use of the adjoining property is residential. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met_ (b) A fifty -foot internal separation buffer between all support service land uses and related residential land uses meeting the vegetative planting and earth berm requirements specified in § 165-102C(1)(a) of this article. (c) An internal residential separation buffer between detached, semi- detached, and all other related residential land uses containing a twenty-five foot buffer with a single row of evergreen trees on ten - foot centers that are a minimum of four feet at the time of planting. (d) Continuing Care Retirement Communities (as defined) shall be exempt from internal separation and internal residential separation buffers. (2) Master development planned area that is to be developed as individual parcels. (a) Buffer and screening requirements between all land uses which are not contained within the same categories identified in § 165-97B of this article. (b) All land uses required to provide buffers and screening internal to the MS (Medical Support) District shall meet the requirements of a B Category buffer as described in § 165-37 of this chapter; as well as all other applicable provisions of this section. (3) All parcels within the MS (Medical Support) District which adjoin parcels that are utilized for agricultural activities shall provide the following buffers: (a) A one -hundred foot buffer adjacent to a parcel whose primary use is agriculture. Agricultural land use shall be considered to be any parcel zoned RA (Rural Areas) District whose primary use is not residential or orchard. A twenty -foot landscaped easement, measured from the adjoining property line, shall be provided which contains a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting and an earth berm that is three feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. (b) A two -hundred -foot buffer adjacent to a parcel whose primary use is orchard.. A forty -foot landscaped easement, measured from the adjoining property line, shall be provided which contains a double row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting and an earth berm that is six feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. (4) A road efficiency buffer meeting the requirements § 165-37E of this chapter shall be provided for all related residential land uses permitted in § 165-97B(5) of this article. § 165-103. Sign regulations. A Permitted Signage (1) Business signs (2) Signs allowed in §165-30B (3) Multi -tenant complex signs (4) Freestanding building entrance signs B. All business signs shall be monument -style signs that are a maximum of 12 feet in height. Business signs shall not exceed 100 square feet in area. C. All wall -mounted signs shall conform to §165-30H(1) of the Frederick County Zoning Ordinance. D. Sign setbacks shall conform to §165-30E of the Frederick County Zoning Ordinance and sign spacing shall conform to §165-30F of the Frederick County Zoning Ordinance. E. Directional signs and on-site informational signs shall be set back a minimum of five feet from all urban collector streets, urban local streets, street intersections, and street entrances to provide for safe and adequate sight distance. Directional signs shall not exceed 50 square feet in area, and informational signs shall not exceed 20 square feet in area. Directional signs and informational signs shall be exempt from minimum spacing requirements between business signs and other directional signs. 20. Editor's Note: This ordinance also redesignated former Arts. XIII through XXI as XIV through XXII, respectively; and renumbered §§ 165-96 through 165-145 as 165-104 through 165-156, respectively. MEMORANDUM Ta: Frederick County Planning Commission From: Candice E. Perkins, AICP, Senior Planner C Subject: Public Dearing— Business Overlay District Date: June 4, 2008 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 This is the first draft ordinance to begin implementation of the Urban Development Area (UDA) Study, adopted on Februaiy 28, 2007. After the adoption of the study, the DRRS worked to develop a small business overlay district to start implementing the goals of the study quickly. A larger traditional neighborhood ordinance will be drafted at a later time. This overlay district (Attachment # 1) would be relevant only for properties zoned B 1 (Neighborhood Business) District or B2 (Business General) District. Existing B 1 and B2 zoned properties could seek this overlay through a rezoning. Other properties could seek the overlay at the same time they sought a B 1 or B2 rezoning. This overlay would be an option and not a requirement. The intent of the overlay is to allow traditional neighborhood design on parcels in the Urban Development Area as well as parcels located in areas identified as a potential urban center or neighborhood village in the Comprehensive Plan (Attachments #2-3) which are located within the Sewer and Water Service Area. Features of traditional neighborhood design include: Mix and integration of a variety of uses Increased density in an urban form Connectivity High quality architecture and urban design Smart transportation Community focal points Mix and diversity of housing opportunities Walkability Traditional neighborhood structure Sustainability and environmental quality Integrated community facilities Enhanced design and planning Differences with this overlay compared to the existing B 1 and B2 regulations include: • Shallow (maximum) front setbacks; • Wide sidewalks and a central plaza; • Parking behind the buildings; • Required windows and entrances on the first floor; • Housing allowed, but not required, on the second and third floors; • No required recreational units for the residential units; • Greater waiver opportunities from MDP requirements; 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 Page 2 Frederick County Planning Commission Re: Public Hearing - Business Overlay District June 4, 2008 • Greater variety of allowed sign types; and • Calculating wall -mounted signs based on linear frontage, not on area. The DRRS first considered this ordinance at their meeting on April 26, 2007. DRRS Members were supportive of the ordinance. The ordinance was discussed by the Planning Commission on May 16, 2007 and then discussed by the Board of Supervisors at a work session on June 4, 2007. At the work session, a consensus on the appropriate location for the overlay was not achieved. Since the work session, staff has taken the draft ordinance back to the DRRS and has revised the location as well as other aspects of the ordinance. The DRRS considered the revised ordinance at their meeting on February 28, 2008. DRRS Members were supportive of the revised ordinance and only recommended a few changes. The Planning Commission discussed this revised ordinance amendment at their meeting on May 7, 2008. The Commission thought this concept was a very positive step toward achieving desired land uses; they believed a variety of available sites, some of which could be relatively small, were perfectly suited for the proposed ordinance and development of the types of uses they hoped to see. Before the ordinance is scheduled for a public hearing, the Commission believed a charrette, involving the local design community with engineering, architectural, and design -planning personnel, would be valuable to see how all of the design elements come together. It was felt the proposal would work very well for parcels of ten to 20 acres and was acceptable for parcels between five and ten acres; however, the one -size -fits -all approach was questioned by some members for parcels less than five acres. Specifically, they felt the parking, setbacks, ten -foot sidewalks, and central plaza design concepts may not all be workable on sites less than five acres. They believed the ordinance needed to be flexible, that the residential above commercial needed to be promoted and possibly, allowance of some quick -in, quick -out parking in front of buildings. During the citizen comment portion of the Commission's meeting, one person came forward to speak about the business overlay district ordinance. They were in favor of the design concept and said it was encouraging to see these new ideas coming forward. In working with his retail clients, however, he said some of the design concepts become problematic, such as parking behind buildings. He suggested that instead of an all -or -nothing proposal, a parking percentage split, such as 15% in front and 85% in the rear, be considered in order to satisfy his retail clients. He said the build -to line also becomes problematic when trying to incorporate the other design elements sought, such as ten -foot - wide sidewalks in front, street trees, and plaza areas. He liked the individual design concepts, such as apartments over retail, outdoor plazas, and mixed uses, but he felt the draft ordinance was design challenged because it was over -parked, buffer -heavy, and did not integrate with adjoining communities. Staff would note that this proposed ordinance is an overlay district meant to implement the concepts of the UDA Study, and the citizen comments provided were contrary to the intent ofthe district. The overlay will allow the principles of neo -traditional design to be developed in Frederick County. The concepts of neo -traditional design are to promote walkability, mixed uses, high quality architecture, and diversity, as well as the other aspects listed previously. The purpose of this overlay is to allow developments to utilize these established principles where appropriate. These developments should have a main street located centrally to the development with on -street parking. The main parking areas are required to be behind the main building to promote a pedestrian -friendly atmosphere. Page 3 Frederick County Planning Commission Re: Public Hearing - Business Overlay District June 4, 2008 Examples of main streets with on -street parking and examples of how the parking can be implemented behind the structures have been included in this agenda (Attachment 4). Minimum and maximum front yard setbacks have also been included with this overlay to ensure that structures are not pushed back away from the road, which would not be in conformance with the concepts of neo- traditional design. The purpose of this overlay is to promote a new form of development in Frederick County, not to permit strip developments with apartments on the second floor. As shown in the examples included with this agenda, there are specific expectations of developments that would utilize this overlay if adopted, and the ordinance as currently written spells out those expectations. The Board of Supervisors discussed this proposed ordinance at their meeting on May 28, 2008. The Board requested clarification on the proposed location where the overlay would be permitted and had questions regarding fees. Since the Board discussion, the intent and establishment of district portions of the proposed ordinance have been revised to address the concerns regarding location. A recommendation from the Planning Commission on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Draft Ordinance. 2. Map of potential locations for the Overlay District. 3. Map of Potential Urban Centers and Neighborhood Villages identified in the Comprehensive Policy Plan. 4. Examples of neo -traditional design concepts. CEP/bad June 4, 2005 - Draft TNDB Overlay District ATTACHMENT 1 Article XVII -A TNDB (Traditional Neighborhood Design -Business) Overlay District §165-131.1. Intent. The TNDB (Traditional Neighborhood Design -Business) Overlay District is intended to implement the comprehensive plan goals of supporting a business climate conducive to economic activity and orderly economic growth, providing a variety of housing types and locations to meet the varied needs and income levels of the county's present and future population, providing for adequate and safe pedestrian and bicycle travel and promoting traditional neighborhood design in urban centers and neighborhood villages, all of the foregoing being deemed to advance and promote the health, safety and general welfare of the public and the orderly development of Frederick County. The TNDB (Traditional Neighborhood Design -Business) Overlay District provides parcels within the County's Urban Development Area (UDA), or parcels located in areas identified as a potential urban center or neighborhood village in the Comprehensive Plan which are located within the Sewer and Water Service Area, the ability to utilize traditional neighborhood design criteria that are different from the criteria specified in § 165-82 and § 165-83 of this chapter. Parcels within this district should be located along major roadways and prominent road intersections that are located in close proximity to existing or planned residential areas. This flexibility is provided to enable traditional neighborhood design which includes a mix and integration of uses, a mix and diversity of housing types, increased density, walkability, connectivity, traditional neighborhood structure, high quality architecture and urban design, sustainability and environmental quality and enhanced design and planning. §165=131.2. District >.;o�ndaries. Properties that are included within the TNDB (Traditional Neighborhood Design - Business) Overlay District shall be delineated on the Official Zoning Map for Frederick County. This map shall be maintained and updated by the Frederick County Department of Planning and Development. §165-131.3. Establishment of districts. A. The Frederick County Board of Supervisors may apply the TNDB (Traditional Neighborhood Design -Business) Overlay District, following the procedures of ARTICLE II of this Chapter, to BI Neighborhood Business District and B2 Business General District properties less than 20 acres upon concluding that: 1. The parcel is located within the Urban Development Area, or located in an area identified as a potential urban center or neighborhood village in the Comprehensive Plan which is located within the Sewer and Water Service Area. se June 4, 2008 - Draft TNDB Overlay District 2. The requirements of this section will not have an adverse impact on adjoining properties whose primary use is residential. B. The TNDB (Traditional Neighborhood Design -Business) Overlay District shall be in addition to and shall overlay all other zoning districts where it is applied so that any parcel of land within the TNDB (Traditional Neighborhood Design -Business) Overlay District shall also be within one or more zoning districts as specified within this chapter. The effect shall be the creation of regulations and requirements for the TNDB (Traditional Neighborhood Design -Business) Overlay District that are in addition to, or supersede, as the case may be, those for the underlying zoning district(s). §165-131.4. General regulations. A. Use. Any use allowed in the underlying zoning district shall be allowed. Residential dwelling units shall be permitted within the same buildings as other permitted uses, provided that such dwellings units shall be located above the ground floor of the building so as not to interrupt the commercial frontage in the district. B. Residential density. Maximum gross density shall be 10 units per acre. C. Dimensional and intensity requirements. The following dimensional and intensity requirements shall supersede those of the underlying zoning district: Requirement Minimum front yard setback on primary or arterial highways (feet) Maximum front yard setback on primary or arterial highways (feet) Minimum front yard setback on Collector or minor streets (feet) Maximum front yard setback on collector or minor streets (feet) Side yard setbacks (feet) Rear yard setbacks (feet) Floor area to lot area ratio (FAR) Minimum landscaped area -2- TNDB (Traditional Neighborhood Design -Business) Overlay District 30 50 10 20 1.00 15 June 4, 2008 - Draft TNDB Overlay District (percentage of lot area) Maximum height (feet) Maximum (number) of habitable floors 45 3 D. A waiver from the maximum front yard setback on collector or minor streets may be granted by the Board of Supervisors at the time of rezoning to enable areas open to the public such as pocket parks and outdoor seating. E. All other dimensional and intensity requirements of § 165-83 of this Chapter shall apply - §165 -131.5. Off-street pply. §165-131.5.Off-street parking; parking lots. Off-street parking shall be provided on each lot or parcel on which any use is established according to the requirements of this section. A. Required parking spaces. 1. Required parking spaces for residential dwelling units shall be dedicated and delineated solely for use by the residents and identified on the Site Plan for the development. 2. Number of required off-street parking spaces for residential dwelling units: Number of bedrooms Efficiency 1 2 plus Off-street parking spaces 1.0 1.0 2.0 3. Required parking spaces for commercial uses shall be in accordance with §165-27 of this chapter. The Zoning Administrator may allow some variation in the standards for required parking for the commercial uses based on detailed parking demand studies provided by the applicant. 4. On -street parking can be counted towards meeting the required parking in § 165-27 of this chapter, provided such parking is located within 400 feet of the subject principal use. B. Location of parking and circulation areas. Areas devoted to parking or circulation of vehicles shall not be located between a primary structure on a lot and the street, nor shall such areas be located closer to the street than the primary structure on the lot. C. All other regulations concerning off-street parking and parking lots shall be as required in § 165-27 of this chapter. -3- June 4, 2008 - Draft TNDB Overlay District (3) Height of the top edge of the signboard shall not exceed the height of the wall from which it projects for single story buildings, or the height of the sill or bottom of any second story window for multi -story buildings. (4j Distance from the building to the signboard shall not exceed six (6) inches. (5) Width of the signboard shall not exceed three (3) feet. B. Awning signs. Where awnings are provided over windows or doors, awning signage is permitted with the following provisions: (1) Maximum eight (8) square feet of signage area on an awning. (2)- No backlit awnings are allowed. C. Wall -mounted signs shall be permitted to encompass 1.5 square feet for every 1.0 linear feet of building frontage, provided that the total area of the wall -mounted sign does not exceed 150 square feet. Wall -mounted signs shall not exceed 18 feet in height. D. Freestanding business signs shall not exceed 50 square feet in area. Freestanding business signs shall not exceed 12 feet in height. E. All other signs regulations shall be as required in §165-30 of this chapter for the underlying zoning district. -6- June 4, 2008 Draft TNDB Overlay District ARTICLE XXII Definitions §165-156. Definitions and word usage. [Amended 11-13-1991] HABITABLE FLOOR — Any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or a combination thereof, except for a floor used only for storage purposes. STREET, COLLECTOR - A street, so classified by the Virginia Department of Transportation or by the standards of Frederick County, designed to collect and distribute traffic to and from local streets. STREET, LOCAL — A street, so classified by the Virginia Department of Transportation or by the standards of Frederick County, designed to provide access to adjoining or abutting properties. Chapter 144 — Subdivision Ordinance ARTICLE lI Definitions §144-2. Definitions and word usage. [Amended 6-9-1993; 4-26,2005; 2-28-20071 STREET, COLLECTOR - A street, so classified by the Virginia Department of Transportation or by the standards of Frederick County, designed to collect and distribute traffic to and from local streets. STREET, LOCAL — A street, so classified by the Virginia Department of Transportation or by the standards of Frederick County, designed to provide access to adjoining or abutting properties. -7- Potential ATTACHMENT 2 Business Overlay Districts r-11, 4F 4# 4p Ole A 0 % mu, Potential Business Overlay Districts ms to It 0 g, I -i b o r h o o d V i I IF,, g e R?� ITrr�er J Potential Nei-hborhood Village i & Urban Center Locations Neighborhood Villa -es (with Ped Sheds (.2-5 & .5 miles)) Urban Centers (with Ped Sheds (.35 & .5 miles)) Urban Development Area e Sewer &: Wator Sennce .A-rea This Land Use oolrcy may be used in relationship with the Easelern Frederick County Lang Rm1e Land Use Plan. d f� i 0 0.5 1 2 3 4 Miles - - Adopted Peonf•nry 79.1007 GK'G Cp F d nd Ca my Camprcttcnsive Plan M P FrCdFiCk County Dept of Planning & Development 197 N Kc [S4 Wind—=, Viremia 21_601 G 9 r;�{;:: _ 'rnh'SV CD PREDELi10E..VA-US 540-665-5651 ATTAC�.�NT 3 Locations J Potential Nei-hborhood Village i & Urban Center Locations Neighborhood Villa -es (with Ped Sheds (.2-5 & .5 miles)) Urban Centers (with Ped Sheds (.35 & .5 miles)) Urban Development Area e Sewer &: Wator Sennce .A-rea This Land Use oolrcy may be used in relationship with the Easelern Frederick County Lang Rm1e Land Use Plan. d f� i 0 0.5 1 2 3 4 Miles - - Adopted Peonf•nry 79.1007 GK'G Cp F d nd Ca my Camprcttcnsive Plan M P FrCdFiCk County Dept of Planning & Development 197 N Kc [S4 Wind—=, Viremia 21_601 G 9 r;�{;:: _ 'rnh'SV CD PREDELi10E..VA-US 540-665-5651 ATTAC�.�NT 3 Examples ofMain Streets with ora-street parking. ATTAC-HATENT 4 Examples of Parking Pehind the main structures'. Examples of Plazas and Outdoor .zeatin- Areas. content SITE MAP I FEATURED BOOKS I PRINCIPLES I SPRAWL & HEALTH I SMART GROWTH PRINCIPLES OF NEVV URBANISM The principles of New Urbanism can be applied increasingly to projects at the full range of scales from a single building to an entire community. 1. Walkability -Most things within a 10 -minute walk of home and work -Pedestrian friendly street design (buildings close to street; porches, windows & doors; tree -lined streets-, on street parking,- hidden arking;hidden parking lots; garages in rear lane; narrow, slow speed streets) -Pedestrian streets free of cars in special cases 2. Connectivity -Interconnected street grid network disperses traffic & eases walking -A hierarchy of narrow streets, boulevards, and alleys -High quality pedestrian network and public realm makes walking pleasurable 3. Mixed -Use & Diversity -A mix of shops, offices, apartments, and homes on site. Mixed- use within neighborhoods, within blocks, and within buildings -Diversity of people - of ages, income levels, cultures, and races 4. Mixed Housing A range of types, sizes and prices in closer p.0x1 _Lv Page 1 of http://www.newurbanism.org/newurbanismIFrame-5321.15-principlespage532115.html?re£ _. 5/19/2008 content Quality Architecture & !Urban Design Emphasis on beauty, aesthetics, human comfort, and creating a sense of place; Special placement of civic uses and sites within community. Human scale architecture & beautiful surroundings nourish the human spirit 6. Traditional Neighborhood Structure -Discernable center and edge -Public space at center Importance of quality public realm; public open space designed as civic art -Contains a range of uses and densities within 10 -minute walk -Transect planning: Highest densities at town center; progressively less dense towards the edge. The transect is an analytical system that conceptualizes mutually reinforcing elements, creating a series of specific natural habitats and/or urban lifestyle settings. The Transect integrates environmental methodology for habitat assessment with zoning methodology for community design. The professional boundary between the natural and man-made disappears, enabling environmentalists to assess the design of the human habitat and the urbanists to support' r the viability of nature. This urban -to -rural transect hierarchy has appropriate building and street types for each area along the " 4� continuum. ��T1 ., y " T3 ....H. T 7. increased Density -More buildings, residences, shops, and services closer together for ease of walking, to enable a more efficient use of services and resources, and to create a more convenient, enjoyable place to live. -New Urbanism design principles are applied at the full range of densities from small towns, to large cities 8. Smart Transportation -A network of high-quality trains connecting cities, towns, and neighborhoods together -Pedestrian-friendly design that encourages a greater use of bicycles, rollerblades, scooters, and walking as daily transportation 9. Sustainability -Minimal environmental impact of development and its operations -Eco-friendly technologies, respect for ecology and value of natural systems -Energy efficiency -Less use of finite fuels R T5 OA ` Page 2 of 5 bttp://www.newurbanism.org/newurbaDismIFrame-5 32115-principlespage53 2115.html?ref... 5/19/2008 content -More local production -More walking, less driving 10. Quality of Life Taken together these add up to a high quality of life well worth living, and create places that enrich, uplift, and inspire the human spirit. BENEFITS OF NEW URBANISM 1. BENEFITS TO RESIDENTS Higher quality of life; Better places to live, work, & play; Higher, more stable property values; Less traffic congestion & less driving; Healthier lifestyle with more walking, and less stress; Close proximity to main street retail & services; Close proximity to bike trails, parks, and nature; Pedestrian friendly communities offer more opportunities to get to know others in the neighborhood and town, resulting in meaningful relationships with more people, and a friendlier town; More freedom and independence to children, elderly, and the poor in being able to get to jobs, recreation, and services without the need for a car or someone to drive them; Great savings to residents and school boards in reduced busing costs from children being able to walk or bicycle to neighborhood schools; More diversity and smaller, unique shops and services with local owners who are involved in community; Big savings by driving less, and owning less cars; Less ugly, congested sprawl to deal with daily; Better sense of place and community identity with more unique architecture; More open space to enjoy that will remain open space; More efficient use of tax money with less spent on spread out utilities and roads 2. BENEFITS TO BUSINESSES Increased sales due to more foot traffic & people spending less on cars and gas; More profits due to spending less on advertising and large signs; Better lifestyle by living above shop in live -work units - saves the stressful & costly commute; Economies of scale in marketing due to close proximity and cooperation with other local businesses; Smaller spaces promote small local business incubation; Lower rents due to smaller spaces & smaller parking lots; Healthier lifestyle due to more walking and being near healthier restaurants; More community involvement from being part of community and knowing residents 3. BENEFITS TO DEVELOPERS More income potential from higher density mixed-use projects due to more leasable square footage, more sales per square foot, and higher property values and selling prices; Faster approvals in communities that have adopted smart growth principles resulting in cost / time savings; Cost savings in parking facilities in mixed-use properties due to sharing of spaces throughout the day and night, resulting in less duplication in providing parking; Less need for parking facilities due to mix of residences and commercial uses within walking distance of each other; Less impact on roads / traffic, which can result in lower impact fees; Lower cost of utilities due to compact nature of New Urbanist design; Greater acceptance by the public and less resistance from NIMBYS,- Faster sell out due to greater acceptance by consumers from a wider product range resulting in wider market share 4. BENEFITS TO MUNICIPALITIES Yagc s or D http://www.newurbanism.org/newurbanism/Frame-532115-principlespage532115.htm1?re£ .. 5/19/2008 content Stable, appreciating tax base; Less spent per capita on infrastructure and utilities than typical suburban development due to compact, high-density nature of projects; Increased tax base due to more buildings packed into a tighter area; Less traffic congestion due to walkability of design; Less crime and less spent on policing due to the presence of more people day and night; Less resistance from community; Better overall community image and sense of place; Less incentive to sprawl when urban core area is desirable; Easy to install transit where it's not, and improve it where it is; Greater civic involvement of population leads to better governance WAYS TO IMPLEMENT NEW URBANISM The most effective way to implement New Urbanism is to plan for it, and write it into zoning and development codes_ This directs all future development into this form. Latest version of theSmartCode New Urbanism is best planned at all levels of development: -The single building -Groups of buildings -The urban block -The neighborhood -Networks of neighborhoods -Towns -Cities -Regions Increasingly, regional planning techniques are being used to control and shape growth into compact, high-density, mixed-use neighborhoods, villages, towns, and cities. Planning new train systems (instead of more roads) delivers the best results when designed in harmony with regional land planning - known as Transit Oriented Development (TOD). At the same time, the revitalization of urban areas directs and encourages infill development back into city centers. Planning for compact growth, rather than letting it sprawl out, has the potential to greatly increase the quality of the environment. It also prevents congestion problems and the environmental degradation normally associated with growth. OBSTACLES TO OVERCOME The most important obstacle to overcome is the restrictive and incorrect zoning codes currently in force in most municipalities. Current codes do not allow New Urbanism to be built, but do allow sprawl. Adopting a TND ordinance and/or a system of'smart codes' allows New Urbanism to be built easily without having to rewrite existing codes. Download the_latest SmartCode for free An equally important obstacle is the continuous road building and expansion taking place in every community across America. This encourages more driving and more sprawl which has a domino effect increasing traffic congestion across the region. Halting road projects and building new train systems helps reverse this problematic trend. Read more "Only when humans are again permitted to build authentic urbanism — those cities, towns, and villages that nurture us by their comforts and delights — will we cease the despoiling of Nature by escaping to sprawl" -Andres Duany Page 4 of 5 llttp://www.newurbanism.org/newarbanismIFrame-532115-pn'neiplespage532115.htm]?ref .. 5/19/2008 TO: Planning Commission FROM: Michael T. Ruddy, AICP�' Deputy Director COUNTl:' of FRE EXXX Department of Plannhig 4 nd Development 540/665-5651 FAX: 540/665-6395 RE: Route 277 Triangle and Urban Center Land Use Plan; Public Hearing to Amend the 2007 Comprehensive Policy Plan. DATE: June 2, 2008 Enclosed for the Planning Commission's review and recommendation to the Board of Supervisors is the draft Route 277 Triangle and Urban Center Land Use Plan text and maps. The Route 277 Study effort has identified opportunities to create new communities, integrate land use and transportation choices, address community infrastructure needs, and expand the County's goals for economic development. The Route 277 Triangle and Urban Center Land Use Study promotes five main areas of new land use focus; the Route 277 Urban Center, the Route 277 Triangle; Center of Economy, Interstate Commercial @ 307, Neighborhood Commercial @ White Oak Woods, and Tasker Woods. A series of maps which identify Future Land Use, Transportation, Community Facilities, and Historical, Natural and Recreational Resources within the study area are part of the land use plan. Also part of this effort, and in implementation of the Plan, is the addition of approximately 664 acres to the Urban Development Area (UDA) and 2,360 acres to the Sewer and Water Service Area (SWSA) of the Plan as depicted on the accompanying maps. The Community was engaged throughout this planning effort which resulted in a high level of participation. The participation was enormously valuable to the overall study effort. Much of the discussion and many of the comments and issues offered by the public were incorporated in the land use plan. Following the Public Hearing, a recommendation from the Planning Commission to the Board of Supervisors would be appropriate at this time. Please contact me if you have any further questions. MTR/bad Attachments 107 North Dent Street, Suite 202 • Winchester, Virginia 22601-5000 he Route 277 'Trianj4le and Urban renter Land Use Flap.. The Route 277 Studv effort has identified opportunities to create new communities, integrate land use and transportation choices, address community iyiastructure needs, and expand the County's goals for economic development. Recommendation Pending Planning Commission Public Hearing June 18, 2008 Action Pending Board of Supervisors July 9, 2008 The Route 277 Triangle and Urban Center Land Use Plan. The Route 277 Study effort has identified opportunities to create new communities, integrate land use and transportation choices, address community infrastructure needs, and expand the County's goals for economic development. A series of maps have been prepared which identify Future Land Use, Transportation, Community Facilities, and Historical, Natural and Recreational Resources within the study area. The Route 277 Triangle and Urban Center Land Use Study promotes five main areas of new land use focus; the Route 277 Urban Center, the Route 277 Triangle; Center of Economy, Interstate Commercial (a: 307, Neighborhood Commercial @ White Oak Woods, and Tasker Woods. The above areas combine to frame the southern boundary of the County's urban areas. Land Use. The Route 277 Urban Center The Route 277 Urban Center is envisioned to be an intensive, walkable urban area that is well integrated with the surrounding community. The urban center should be based on the principles of New Urbanism or Traditional Neighborhood Design promoted in the Comprehensive Plan. It shall contain a large commercial core, generally higher residential densities with a mix of housing types, an interconnected street system, and public open space around which the urban center is designed. Community facilities shall also provide a focal point for the urban center and surrounding community. Presently, Sherando High School and Sherando Park provide this function. In the future, these resources shall be complemented by a new Elementary School which shall serve the existing and future population and be located within the urban center. Public spaces in the form of pocket parks, plazas, or greens shall be further integrated into the design of the Route 277 Urban Center. The Route 277 Urban Center is centrally located to the community and is in the short term, respectful to the Agricultural District. The commercial and residential mix of land uses shall have a strong street presence and shall relate to existing Route 277, Warrior Drive and Double Church Road. The mix of commercial, residential, employment, and community uses shall be linked to the surrounding community with inter modal transportation choices and public open spaces. Route 277 Triangle; Centers of Economy Route 277 Triangle; Centers of Economy is designed to be a significant area of commercial and industrial opportunity that is fully supportive of the County Economic Development Commission's targeted goals and strategies. The intent of the mixed use designation is to further enhance the County's commercial and industrial areas and to provide focus to the County's future regional employment centers. In specific areas a mix of flexible uses, with office uses in prominent locations is encouraged. Such areas are supported by substantial areas of industrial and commercial opportunity, and provide for areas that are well designed with high quality architecture and site design. It is the intent of such areas to promote a strong positive community image. Residential land uses are not permitted. Interstate Commercial @ 307 Located at a highly visible location on a prominent interstate interchange, this area of land use shall be designed specifically to accommodate and promote highway commercial land uses. Particular effort must be made to ensure that access management for the supporting transportation network is a key priority as the function of the interstate and primary road network is of paramount importance. Access to the areas of interstate commercial land uses shall be carefully designed. The building and site layout and design of the projects shall be of a high quality. In addition, an enhanced buffer and landscaping area shall be provided adjacent to the Interstate 81 right-of-way, its ramps, and the new arterial road, the South Frederick Parkway, and adjacent to Route 11. Neighborhood Village Commercial @ White Oak Woods A Neighborhood Village Commercial area is proposed at White Oak Road and Route 277 which is sensitive to the existing character and scale of the location, adjacent to Sherando Park and the White Oak Campground. The orientation of this neighborhood commercial shall be to the park and adjoining street network. A new Fire and Rescue Facility and Community Facility shall provide an additional focal point to this area. This facility and the commercial land uses shall be of a general scale and context similar to projects such as Creekside. High quality building and site design is a priority. Accessory residential uses are only permitted as second story or above residential units. A second smaller area of Neighborhood Village Commercial is identified on the south side of Route 277 in the general vicinity of the future entrance of Shenandoah and the existing Sandy's Mobile Home Park. Tasker Woods The Tasker Woods Land Use Plan was approved in 2005. The Route 277 Study has provided the opportunity to complement the original plan and complete the whole picture by providing guidance on the future land use for all of the land area between Route 522, Tasker Road, and White Oak Road. An area of Neighborhood Village Commercial is proposed between the originally proposed residential areas and Route 522, serving the Tasker Woods area. An internal access road serving this area has been provided with the Tasker Woods project. Therefore, no new commercial entrances shall be permitted on Route 522. Access Management is a priority along the Route 522 corridor. A significant corridor appearance buffer is proposed along Route 522 similar to that established for Route 50 West corridor in the Round Hill Land Use Plan which consisted of a 50' buffer area, landscaping, and bike path. Accessory residential uses are only permitted as second story or above residential units. The area of natural resources connecting Tasker Woods with Route 522, including the existing pond shall continue to be recognized in this plan. An extension of the neighborhood commercial land uses may be appropriate on the east and west sides of the 0 existing pond if a balance is achieved between protecting the environmental features and allowing compatible neighborhood commercial uses, which may also include commercial recreational uses. In addition to the Neighborhood Village Commercial land uses, an area of commercial land use is proposed generally north of Tasker Road. This is an extension of the previously planned commercial area on Tasker Road. Two areas have been identified as recreational and natural resources and have been connected together in an effort to protect the existing natural resources and provide additional recreational opportunities for the Tasker Woods area. Defined Rural Areas. The Route 277 Study has sought to further define the boundary between the Rural and Urban Areas of the community_ As noted, the above areas of proposed land use combine to frame the southern boundary of the County's urban areas. The plan provides enhanced recognition of Double Church Agricultural District. This recognition and the location and boundaries of the proposed land uses further promote a clean separation between the County's rural and urban areas. A summary of the new future land use designations promoted in the Route 277 Study is provided as Appendix A of this plan. Transportation. In support of the new areas of land use, a transportation network has been proposed which relates to the location and context of the areas of land use, promotes multi -modal transportation choices and walkability, and furthers the efforts of the Win -Fred MPO. In this study there is a direct nexus between transportation and land use. The relocation of Interstate 81, Exit 307, provides a new orientation for the County's primary road system and provides new opportunities to create a transportation network which supports the future growth of the community growth in the right locations. A new arterial road is proposed, Route 277 relocated, which connects the relocated Interstate Exit 307 with existing Route 277 west of Double Tollgate. This is in the vicinity of the proposed entrance to Shenandoah. The context of this road is a limited access parkway whose function is to move large volumes of traffic through and around the community. The concept of a South Frederick Parkway was envisioned through the study. Access to this new parkway would be limited to Town Run Lane, Double Church Road, Warrior Drive, Hudson Hollow Road, and existing Route 277 business at its new intersection with the parkway. With regards to access to Town Run Lane, the Exit 307 _Interchange Justification Study should evaluate the possibility of an alternative access east of its current location to ensure a viable long term approach to access management in this area in a manner that accommodates the anticipated highway commercial land uses. Access Management is a significant consideration of this study and is a key element of the potential South Frederick Parkway. This concept is supportive of providing for key 3 connections to the south. The use of frontage roads, minor collector roads, and inter parcel connections to bring traffic to access points is promoted. Access management is also a key consideration on other roads within the study area, however, within a different context. The study also proposes a new and extended major collector network supplemented by interconnected minor collector street network in support of a significant urban center and new areas of economic growth. Existing Route 277 and Town Run Lane, Double Church Road, Warrior Drive, Hudson Hollow Road, and White Oak Road are all identified for enhancement. A particular emphasis shall be placed on ensuring that improvements to existing Route 277 remain a short term transportation priority for the study area. An extension of existing Route 277 is proposed to provide a new parallel road connection from Route 277 to Route 522 in support of this area of economic growth and to better distribute the vehicle movements to Route 522. Roundabouts should be considered as a priority preference for intersection design. Roundabouts are particularly effective when used in series, such as along the Parkway, and when used where intersection spacing may be an issue such as where Warrior Drive and Double Church Road intersect with the Parkway. The context of the collector road network is proposed to be significantly different however than that of the Parkway with the focus being placed on a more walkable and complete street thoroughfare design. The change in context is based upon classification of road and to ensure compatibility with adjacent land uses and community goals. Particular attention should be paid to street network within the Urban Center. The surrounding land use, site design, and building design are features that will help create context and promote the creation of new communities, places, and focal points. Attention should also be provided to the context of the street in the immediate vicinity of Sherando High School, Sherando Park, and the Neighborhood Village Commercial Areas to ensure that these prominent locations are safe and accessible to all modes of transportation. Bicycle and pedestrian accommodations should be fully integrated to achieve complete streets. Appropriately designed intersection accommodations should include pedestrian refuge islands and pedestrian actualized signals. More specific transportation considerations for Sherando Park include taking a proactive approach in creating safe interconnected routes to the park from the adjacent areas. Traffic calming across the entire frontage of Sherando Park is warranted with special attention placed on providing a safe and efficient main entrance to the park. Consistent application of Comprehensive Plan goals to achieve an acceptable level of service on area roads and overall transportation network, level of service C or better, should be promoted. Further, efforts should be made to ensure that additional degradation of the transportation beyond an acceptable level of service shall be avoided. Consideration of future development applications within the study area should only occur when an acceptable level of service has been achieved and key elements and connections identified in this plan have been provided. 4 Com m nits Facilities, Natural, Historical and Recreational Resources Cominunio Facilities. The Route 277 study effort included an evaluation of current and future community facility needs and a collaborative discussion with community facility providers inciudiiig Frederick Couniy Public Schools, School Transportation, Parks and Recreation, Fire and Rescue, and Public Works who provided input regarding their long range plans. Representatives of the Handley Regional Library also provided input. As a result of effort, the Roue 277 Study addresses community facility needs and identifies new opportunities for collaboration. Fire and Rescue expressed a preference for a smaller facility in this area to support existing operations and identified the optimum location for such a facility in the general vicinity of the intersection of White Oak/Hudson Hollow Road and Route 277. In conjunction with this need, Parks and Recreation and Fire and Rescue identified a particular location that could jointly accommodate their future needs. This example may also provide an opportunity to accommodate additional longstanding community need; to provide satellite meeting space for the Sheriff's Office and the Treasurer/Commissioner of Revenue's Office in this area of the County. The Route 277 Study seeks to provide for such a facility generally in the White Oak Woods area. Anticipated growth in the County school and park systems is recognized by providing for additional areas of expansion adjacent to the existing Sherando High School and Sherando Park. It is important that the County is proactive in obtaining any additional land resources that are necessary to support their future operations. A new Elementary School has been identified as necessary in the future_ Every effort should be made to locate this future elementary school as a component and focal point of the Route 277 Urban Center. Natural and Recreational Resources. The natural and cultural features of an area provide an opportunity to incorporate the unique features of an area into a planning effort that promotes the character of the community, furthering the community's sense of place. In addition to the recognition of the County's Rural Areas and Agricultural Districts, the Route 277 Study and future land use maps recognize the areas green infrastructure. Of particular note is the Wrights Run area which provides a great opportunity for a future Greenway through the center of the study area. In addition, several other environmental stream corridors provide important connectivity throughout the study area. Other features of note include the mature woodlands located throughout the study area but especially in the vicinity of the White Oak Woods area and at the intersection of Route 277 and Warrior Drive. Historic Resources. Several structures were recognized by the HRAB as having significance to the Route 277 Study Area. The identified structures should be buffered and preserved whenever possible. Three historical churches located in the study area are in good condition, have historic cemeteries, and should be preserved during any development or land use planning of the 277 corridor. To that end the two churches along Double Church Road have been recognized and the general area surrounding these churches being designated as a rural area. Macedonia Church is located just north of the Tasker Woods area and should continue to be preserved. All of the above churches are 5 active and provide a great resource for the community. The Melvin Sandy house is located immediately adjacent to Sherando Park and would be ideal for use as an element of the Park. In the event that it cannot be included as part of the park, it would be appropriate for the use on the property to develop as something which would encourage the protection of the structure and provide a use which encourages park users to utilize the property. Similarly, the White Oak Campground has significant historic presence in the area and should also be included into uses associated with Sherando Park. The HRAB felt that increasing the trail network throughout the 277 corridor would increase the preservation and rehabilitation of the historic structures listed above but especially between the Melvin Sandy house and the White Oak campground into Sherando Park. Implementation UDA & SWSA Boundaries In an effort to promote the implementation of the land use plan it is recommended that the UDA & SWSA boundaries are modified consistent with the land use designations of the Study. This shall be done at the time of the approval of the land use plan by the Board of Supervisors. Infrastructure and Community Facilities It is essential to ensure that the infrastructure, in particular transportation infrastructure, and the necessary community facilities are provided in a timely and coordinated manner in order to enable the successful implementation of the land use plan. The land use designations that will form the basis for future zoning amendments were designed in coordination with the infrastructure, in particular transportation infrastructure, and the necessary community facilities. Therefore, future development applications shall address the impacts of the project and shall further the implementation of the infrastructure and community facility transportation improvements identified in the Comprehensive Policy Plan. This may include the design and construction of key segments of the proposed South Frederick Parkway and major collector roads identified in the Route 277 Plan. Consideration of future development applications within the study area should only occur when an acceptable level of service has been achieved and key elements and connections identified in this plan have been provided. The plan proposes a balanced approach to the proposed transportation improvements and the Agricultural and Forestal district to ensure the future function of both important elements. The transportation needs of the broader community and the function and context of the Agricultural and Forestal District shall continue to be recognized in the implementation of this plan. 31 Zoning Amendments to implement the plan Zoning .Amendments to implement the Route 277 Plan shall be proactive in im-plementing key components of this land use plan. It is expected that all new projects shall be consistent with the Comprehensive Policy Plan, fully mitigate any impacts associated with requests, and implement the elements of the Route 277 Study. Particular attention shall be paid to the land uses, infrastructure and community facilities. Two New Zoning Districts are proposed in implementation of this land use study: Office -Manufacturing (OM) Park District. The intent of this district is to implement the mixed use industrial/office land use classification of the Comprehensive Policy Plan. The OM Park District is designed to provide areas for research and development centers, office parks, and minimal impact industrial uses. This district shall be located in a campus like atmosphere near major transportation facilities. New -Urbanist/)traditional Neighborhood Zoning Classification. This flexible zoning classification is intended to enable Neighborhood and Urban Village Centers, or a part thereof, to be developed. The Neighborhood Villages and Urban Centers are to be designed to implement the planning principles promoted for the urban areas of the County. This flexible new urbanist classification shall implement traditional neighborhood design and fully enable new urbanism. This Planned Community approach would be similar to that of the R-4, Residential Planned Community; however it would be applicable to smaller properties located within those areas designated as Neighborhood Villages and Urban Centers. Such an approach should be promoted throughout the UDA. However, particular emphasis should be placed on the designated Neighborhood Villages and Urban Centers, including the Route 277 Urban Center. This zoning classification, along with the proposed Business Overlay District, shall be the classifications used with the Route 277 Urban Center. 7 Appendix A The Route 277 Triangle and Urban Center future land use designations. The County's Comprehensive Plan and Zoning Ordinance currently provide for commercial and industrial land uses. To further enhance the commercial and industrial opportunities and to provide a focus for this future regional employment center, two new mixed use land use designations are promoted by the study. The mixed use land use designations envisioned for the study area are described further in the following narrative. Urban Center The Urban Center is larger than the Neighborhood Village Commercial and is envisioned to be a more intensive, walkable urban area with a larger coimnercial core, higher residential densities, and be designed around some form of public space or focal point and an interconnected street system. Urban Centers should be located in close proximity to major transportation infrastructure. Minimum 50 percent of area shall be non residential. Accessory residential bonus for second story and above residential units Neighborhood Village Commercial Neighborhood Village Commercial areas are envisioned to be compact commercial centers that focus and complement the surrounding neighborhoods, are walkable and designed at a human scale, and which are supported by existing and planned road networks. Accessory residential uses are only permitted as second story and above residential units Centers of Economy - Promoting the County's Economic Development efforts. The intent of the mixed use designation is to provide focus to the County's future regional employment centers, to encourage a mix of flexible uses which are consistent with the EDC's targeted industries and are supported by substantial areas of industrial and commercial opportunity, and to provide for areas that are well designed with high quality architecture and site design, and which will promote a strong positive community image. Residential land uses are not permitted. Mixed Use Office Commercial Employment center with low to mid rise offices transitioning and mixing with commercial land uses. Located at, and supported by, key transportation elements and intersections. Minimum 25 percent of area shall be office Mixed Use Office Industrial Employment center with mid to higher rise office buildings on individual sites or within campus style parks transitioning and mixing with industrial land uses. Office land uses shall have a prominent visual location in relation to surrounding community and street network. Located at, and supported by, key transportation elements and intersections. Minimum 25 percent of area shall be office 8 81 WMM2" - ,� i` • t,�. ,, `` •' ♦ ` �, ♦ - ''! ate, I, i•'i ♦ i ,`� �'-i i.• , . r,' "'•t'i _♦ , ••. a ♦L � ♦ _ fes, Route 277 Triangle & Urban Center Study Proposed Transportation & Trail Network - DRAFT - - ; :._; :.. _ tia"♦—+#ImB R w 1♦� .., .tea$Tasker - Elementary '; . '• ♦,.atr- ' -. v - 7 . wi t 1111 •I♦, • Woods y _ . - c , ' !'' ,--� �. �' tea c_ � at ♦ \� .. *Theme �,♦ a - rr, � . . 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POPOS � 77 parkas • . ; � , + •p s • ■ . .. P j 1 4b 40 ' - Double � .,4 � - ,;°�� 7 i '• Resources` -, 4 Forest Lake Potential RT277 Transportation Double Church `Q� Esta 25 T� -• 0%.0 New Major Arterial Ag & Forestal District Natural Resource & Rec Space , �• _ #'%Op New Major collector 640 *10% go New Minor Collector Floodplain • ,: Potential Trails -Lakes . �+ ' 0 0.125 0.25 0.5 Miles �i Stream Centerlines 'i • Shenandoah /'� ORelocated Exit 307 Interchange1 r, \ Rural Community Center K.� c • f O Roundabout Intersection Historical Resources t t r Map(N:\Planning_And_Development\GIS_13 S\2007_Project$kTRIANGLE\Triangle_LanduseStudyArea,TransOUtion_Trails_ DRAFT_ FINAL_11x17_C sM e_041408)4/1 008--2:57�57PM '�,-- Route 277 Triangle & Nrban Center Study - ♦ , !' �, �, •, �'• �� , `, e • Circ w�,. i ' , • ' ''� •'' n �'I r '• •' _ •_ s Jar Ij `♦ '" AR _ � , •�.. � I + �� _ _ • L _ , Vim; _. - �• r - ..... ' . 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I� 64� ' • � \ �: l ' `• t - ' - ' � Miles Floodplain New Minor Collector High School Expansion - Lakes �%p Potential Trails , I f r 0 0.125 0 25 015 Park Stream Centerlines Relocated Exit 307 Interchange ! .2 r Future Park 0 g :; ' �Shenandoah Rural Community Center • ' �� 1F$t)lt, Fire & Rescue Station O Roundabout Intersection - • Historical Resources ' \\ _ _ Map Document: (NAPlanning_And_DevelpF en S_PROJECTS\2007_Projects\TRIANGLE\Triahgle_LanduseStu yArea_CommunityFacilities�tlap ails D T_FINALµ x44_ChangesMade 041408) 4/14/2008 - 1:55:57 PM Route 277 Triangle & Urban Center Study otential SWSA Expansion Area - DRAFT +,,• Bass -Hoover \ Elementary :4C, ✓ � a , < •�, � � `� � •• , `h ice. �� �*. , - w.;\ ObMiadle ert, for Frederic Potential Expansions Areae �� Sheran�o� o e • . ;. Meadows � ., Southern ` *. Potential l Expansion ; ; \�� • • h �- Area ,. a. (120 acres •" ' ' �' aPPrx) ,.,,.. Double Church - Ag & Forestral District „h Forest Lake a• Estates Proposed SWSA Expansion (2360 apx acres) N r.Y Potential Future Transportation 640 `ti 1 N f Current SWSAArea 4*w*#*.o New Major Arterial .. ' Current Park ^Illbo New Major Collector `, Current School New Minor Collector 0 0.125 0.25 0.5 Miles Double Church Qi Roundabout Intersection Ag & Forestral District S Relocated Exit 307 Interchange Rural Community Centercy Map Docurw : (N:\Pia,ftng_And_Development\GIS_PROJEAX2007 Proiects\TRIANGLE\Triangle La Potential ARMELRD 64 Expansion p , �skExer' ioodssR Area (59 acres a rx) Eastgate ` clustr al Argiel Rujal Community Center • \\ f" fir rvan,szon Area dy f a_Futur andoah VS ANSION_11x17.m ) /2008 -- 11: 41 AM \ COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Mark R. Cheran, Zoning and Subdivision Administrator RE: Waiver Request — Irene Schafer Trust DATE: June 3, 2008 On behalf of the Irene Schafer Trust, Greenway Engineering is requesting a waiver of Chapter 144- 31 C (3) of the Subdivision Ordinance requirement to enable a family subdivision of land on a right- of-way less than 50 feet. The property is located on Burr Stone Lane off of Wardensville Grade (Route 608) in the Back Creek Magisterial District, and is identified by Property Identification Number 70-A-2. The applicant is seeking a waiver from the minimum width requirement for a shared private driveway. The minimum right-of-way width for a shared private driveway shall be 50 feet. The reason for the waiver request is to provide relief from a 50 foot right-of-way; the parent parcel is currently served by a 30 foot right-of-way. Your agenda includes letters from adjoining property owners served by Burr Stone Lane, who declined to grant this easement. This waiver would enable the creation of two family lots to be served by the current 30 foot right-of-way. This proposed driveway access right-of-way is illustrated on Exhibit "A". The proposed plats are illustrated on Exhibit B". A recommendation from the Planning Commission to the Board of Supervisors is requested. Attachments MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 58 A 7 / 3 1D SANTMIERPHIL 7D 11,O r SEATES ROGERE /// 70 A 75 0 GSR COMBS LLOYD L. 8 HATTIE 1. Location Map 70 A 2D / lD SRpGER t a 'F LUMSDEN MARION L. / SEpZE �0 5 Wavier Request Application NI / / , <, Irene Schafer "Trust Parcel ID: Z �oe10` , \mel;� P� , / 70 - A - 2 gL�PF�R- 1by�QP��v Z Qi a� �o I-- m 70 A 75A my � MILLER RODNEY L TRUSTEE / 70 A 2F COLEMAN CONNIE T. a `f Map Features O Hamlets 70 a 2 Subject Property o SCHAFER IRENE L = Poo y •�« 2F9 m #D Buildings Lakes/Ponds v m ' A0 A 74D 1p SCHAFERIRENEL- Streams DUNAYER DORIS P 70 A 13 �`r!9SS VANMETER ROBERT H & VALERIEANNO OG 6' 70 A 16G �` gp,\p, , ," 4** f 9 WATSON LAURA MARIE li V j1\yti� 7U A 166 /(( f �< PiTCOCK 80YD L e " + • +,cre y&✓4oyF Flt 8pV,a lFp��0NNP • , 1 �� ^���J� { ��EeR �6N V.1'p� �O 5 T. mery � i / O • \\` fo NJpGiNSRU'(HI,...--�..r-�". -2�PP �o M�VDsQVRoeq ;,:el Spri rgs t_Dcation in Surrounding Arca 16,p'✓,.� FRT C 4 K7'UB4% PAGE A70 NDREW J TRUSTEE FR4), 70 A 17 p --------." ! -y- "-=- W .� - __ �•� � WILLIAMSON KAREN H & SHERRILL HOTT � 70 A 16F DAG 31T DARLA L 1 t. 1, i .. C 1FDeet o �� Case Planner: Mark RA n — -- �r �" q \•.���a�������y_r,���_vevewprnent�-1_L-ocator_mps\2UU8UreneSchaferTrust_Wavier_053008.mxd) 5130/2008-- 11:02:57 AM lq.. .k` c G it R " © w r ,�"$ , "a }■\, (,y Ire ! y 1�JPJ ` , ti • tom. , t}41 U 1 ` , <�A •� 70 A 75A . zy.• ` '�+ p+ �t� k '' "�q MILLER RODNEYLTRUSTEE t � -.? �. � " •..' ' '0.Y t}T �`_^ x � � ��",�1.:�.�� .���04y � �.. " T: ■� 3 Map Features COLEgAH COHNIf T. �.�' q P 9 �`- s}/ O Hamlets hF • _� ,, < Subject Property 70 A z* ■ "a oW' Buildings SCHAFE&IRENEFk Lakes/Ponds � m Streams +w . i 11 +ri' e x ri \ d ry i `ick\ x y x a + 'yl • • " fit SCHAFFR.IRfNF L + ;, A 13.t , DORIS Pto �` ak ► i YtaCC �a?lr4,A_ i3F` tiVANIAETERR09ERT:.H & VALERIE'ANN,f •' -'. ,4 70. A i6(:1kj - y �Q.�O ' ; '4 +C ti,. , 9. WATSON LAURNNIARI€ as a y �. to1. �� 4a S."Sp1G r i T j L 1 PAGE A o W JRUS _ ti�� Sv7 _ TEE NORE � 711. A. 17- d 'i"«• ■ '► . E t} '-, W L AMSON KAREN N'& SHERRILL HOTT � �`_ ■ ,; tir c.;n•.��a• "� 70 A 16F _ �la �r! •, - - - s DAGGITDARLA'L to VA^ NA— flnnumAn+ /NI•\PI—ninn And n."AlnnmanR 1 I nnnfnr hAnc\,?nnR\IrgnaSchafarTri{sf 1Ataviar n53nm mxr1\ 5/30/2008-- 11*02:57AM Location in Surrounding Area GS CpG 0 '125 257 F Case Planner: Mark -� t ti., ` ` � 'll P1t•■�� Y1 Y � ? y.#i * � � a •� - `� SANTMIER PH,L iEpZESR. GER.. `�' 7 r� 1 Aerial -i a ,�k � ■■ �,,.'� '70 A• 75` R GOMBS,LLOYDL:B'HATTIEI" .. Map p um—EN moo gi�pp, Wavier Request Application Y'rene Schafer Trust ,�". Parcel ID: 7a -A-2 lq.. .k` c G it R " © w r ,�"$ , "a }■\, (,y Ire ! y 1�JPJ ` , ti • tom. , t}41 U 1 ` , <�A •� 70 A 75A . zy.• ` '�+ p+ �t� k '' "�q MILLER RODNEYLTRUSTEE t � -.? �. � " •..' ' '0.Y t}T �`_^ x � � ��",�1.:�.�� .���04y � �.. " T: ■� 3 Map Features COLEgAH COHNIf T. �.�' q P 9 �`- s}/ O Hamlets hF • _� ,, < Subject Property 70 A z* ■ "a oW' Buildings SCHAFE&IRENEFk Lakes/Ponds � m Streams +w . i 11 +ri' e x ri \ d ry i `ick\ x y x a + 'yl • • " fit SCHAFFR.IRfNF L + ;, A 13.t , DORIS Pto �` ak ► i YtaCC �a?lr4,A_ i3F` tiVANIAETERR09ERT:.H & VALERIE'ANN,f •' -'. ,4 70. A i6(:1kj - y �Q.�O ' ; '4 +C ti,. , 9. WATSON LAURNNIARI€ as a y �. to1. �� 4a S."Sp1G r i T j L 1 PAGE A o W JRUS _ ti�� Sv7 _ TEE NORE � 711. A. 17- d 'i"«• ■ '► . E t} '-, W L AMSON KAREN N'& SHERRILL HOTT � �`_ ■ ,; tir c.;n•.��a• "� 70 A 16F _ �la �r! •, - - - s DAGGITDARLA'L to VA^ NA— flnnumAn+ /NI•\PI—ninn And n."AlnnmanR 1 I nnnfnr hAnc\,?nnR\IrgnaSchafarTri{sf 1Ataviar n53nm mxr1\ 5/30/2008-- 11*02:57AM Location in Surrounding Area GS CpG 0 '125 257 F Case Planner: Mark -� t ti., !Q7! 4 Founded in 1971 GREENWAY ENGINEERING, It9G. 151 Windy Hill Lane Winchester, Virginia 22602 May 22, 2008 Frederick County Planning Department Attn: Mark Cheran, Subdivision Administrator 107 North Kent Street Winchester, VA 22601 RE- Schafer Trust Subdivision Waiver Request Dear Mark: On behalf of the Irene Lucille Schafer Trust, Greenway Engineering is requesting Board of Supervisor approval of a waiver to the minimum right-of-way width for shared private driveways as permitted under Section 144-5 of the Frederick County Subdivision Ordinance. The Irene Lucille Schafer Trust owns three parcels of land located along Burr Stone Lane in the Back Creek Magisterial District that are only accessible via an existing 30 -foot right-of-way. The Irene Lucille Schafer Trust desires to create a Family Lot from tax parcel 70-((A))-2, which will allow for a residential lot to be established for each member of the Trust. However, the Burr Stone Lane 30 -foot right-of-way does not meet the requirements of Section 144-31C(3), which requires a 50 -foot right-of-way for shared private driveways. The Trust has petitioned all adjoining property owners to determine if additional right-of- way would be available to meet the 50 -foot requirement and have received letters indicating that the property owners are unable or unwilling to establish a 50 -foot right-of- way on their property; a Board of Supervisor waiver to this ordinance requirement is necessary to create this Family Lot. It should be noted that the Trust will provide the land along their properties needed to create a 50 -foot right-of-way for Burr Stone Lane associated with those property frontages. Please find attached an exhibit identifying the subject property for Family Division and all adjoining properties; a sketch plat of the Family Lot Division of tax parcel 70-((A))-2, and copies of the letters from the property owners along Burr Stone Lane indicating their inability to establish the 50 -foot right-of-way, as well as evidence of certified mail delivery of this request to all adjoining property owners. Please accept this information for consideration by the Planning Commission at their June 18, 2008 meeting. Engineers Surveyors Planners Environmental Scientists Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com File #4983 5/22/2008 Please contact me if you have any questions regarding this request, or if you need any additional information. Sincerely, t Evan Wyatt, AICP Greenway Engineering Cc: Irene Lucille Schafer Trust File #4983 2 5/22/2008 April 10, 2008 Greenway Engineering 151 Windy Lane Winchester, Va 22602 Attention: Evan Wyatt Re:Survey, Easement, and Waiver for Burr Stone Lane, Star Tannery, VA 22654 Enclosures: Copies of Easement Requests and Certified Letter Return Receipts Evan Sorry that this took so long in getting to you. Our office fax had been temporarily disabled. I work for Verizon, and our fax hadn't been re -registered for a couple of years. Corporate cut off all unregistered faxes until they were registered and made 'legal' again. I will also be mailing you copies of these today from Frederick. The following were those willing to grant easement; SCHAFER property SCHAFER property SCHAFER property The following were all denials for easement: COLEMAN property McFALL property GRAHAM property O'CONNOR property SPICER property VAN METER property WATSON property WATSON and KERNS property The following were no replies, just the return receipts: LOCKHART property MILLER property,one was delivered, one was returned as no such number ... but that address is on there mailbox on the road SIMONS property I hope these are of help to you. Thank your for all of you help in working on the subdivision of my property. Mary M. Plunkert 1559 Brehm Road Westminster, MD 21157 Cell=410-804-8278 Home=410-840-3045 Office=301-663-9957 Office Fax=301-668-8416 October 15, 2007 Mrs. Mary M. Schafer-Plunkert Certified Letter 1559 Brehm Road Westminster, MD 21157 REFERENCE: Easement for Property Access Mrs. Mary M. Schafer-Plunkert, Trustee for the Irene Lucille Schafer Trust is planning to divide the 14 -acre parcel of land situated between properties number I and 2 in half, to provide family members with equal shares, as indicated on the enclosed map. This division is deemed necessary to satisfy the provisions of the trust. The resulting two parcels will remain in the Schafer family and is not planned for development at this time. <. S Frederick County now requires a fifty -foot private injZress-egress to a state -road. In --order to complete the property division acreate new deeds, it must be proven to Frederick County that 1, acting as Trusteaor the Trust am unable to acquire additional twenty feet of land for a fifty -foot easement from property owners bounding Burr Stone Lane and the property to be divided, for i*ess-egress to Wardensville Grade, if one cannot be acquired. There is already an existing thirty-foot private ingress -egress right of way to the state road, known as Burr S16e Lane. The additional twenty feet'.plus the existing thirty-foot right-of-way equals the new fifty -foot easement that is required. _ I will need to either get 10' from each side of Burr Stone Lane or if one side is unwilling, Y then I will have to get the full 20' from the other side. I have enclosed a copy of a -map, _j higllighting what is needed fox this 50 private"ingress-egress easement. 8 tr cooperation in providing 150' priy_ate ingress -egress easement to Warc�ens�+i�le � -- Grade would also benefit you in the future if you ever decided to divide your property to family or others. You will most likely have to provide a way -to access a state road just as I am trying to do. I am not able or willing to provide footage' -for a 50' easement along Burr Stoae Lane_ Mary M. Schafer-Plunkert, trustee Date _ Irene Lucille Schafer Trust I am willing to provide footage for a 0' easement along Burr Stone Lane. Mary M. Schafef-f5lunkert, trustee Date Irene Lucille Schafer Trust I am willing to give 10 feet only. -'I am willing to give 20 feet, if necessary. Thank you very much for your cooperation in this matter. Mary M. Schafer-Plunkert, Trustee Irene Lucille Schafer Trust October x5, 2007 Mrs. Mary M. Schafer-Plunkert Certified Letter 1559 Brehm Road Westminster, MD 21157 REFERENCE: Easement for Property Access Mrs. Mary M. Schafer -P lunkert, Trustee for the Irene Lucille Schafer T; USt is planniing to divide the 14 -acre parcel of land situated between properties number 1 and 2 in half, to provide family members with equal shares, as indicated on the enclosed map. This division is deemed necessary to satisfy the provisions of the trust. The resulting two parcels will remain in the Schafer family and is not planned for development at this time. .Frederick County now requires a fifty -foot private ingress -egress to a state road. In girder to complete the property division a create new deeds; it must be proven to "Frederick County that T, acting as Trugtee'for the Trust am unable to acquire additional ¢twenty feet of land for a fifty-foor easement from properly owners bounding Burr Stone . Lane and the property to be divided, for ingress -egress to Wardexsville Grade, if one `='Cannot be acquired. There is already an existing thirty-foot private ingress -egress right of way to the state road, known as Burr Stone Lane. The additional twenty feet plus the existing thirty-foot right-of-way equals thg new fifty -foot easement that. is required. Y I will need to either get 10' from each side of Burr Stone Lane or if one side is -unwilling, r: then.I will have to get the full. 20' from the other side. I have enclosed a copy of a map, highlighting what is needed for this 50' private ingress -egress easement. _ _ Your cooperation in provididg a S nv tem _e ens asernent to arderasv�l e -� < . Grade would also benefit you in the�'ttture if you ever eel tc� di^videyDur property to -- ?family or others. You will most likely have to provide a way to access a state road just as I am trying to do. I am not able or willing to provide footage for a 50' easement along Burr Stone Lane. Mary M. Schafer-Plunkert, trustee _ Date Irene Lucille Schafer Trust tI am willing to provide footage for a 50' easement along Burr -Stone Lane. Mary M. Schafer-Plunkert, trustee _ / Date ^;Irene Lucille Schafer Trust e r I am willing to give 10 feet only. - I ,__Aam willing to give 20 feet, if necessary. .Thank you very much for your cooperation in this matter. Mary M. Schafer-Plunkert, Trustee . Irene Lucille Schafer Trust October 15, 2007 Mrs. Mary M. Schafer-Plunkert Certified Letter 1559 Brehrn Road l Westminster, MD 21157 / REFERENCE: Easement for Property Access Mrs. Mary M. Schafer-Plunkert, Trustee for the Irene Lucille Schafer Trust is planning to divide the 14 -acre parcel of land situated between properties number 1 and 2 in half, to provide family members with equal shares, as indicated on the enclosed map. This division is deemed necessary to satisfy the provisions of the trust. The resulting two parcels will remain in the Schafer family and is not planned for development at this time. Frederick County now requires a fifty -foot private ingress-elZress to a state road. In order to complete the property division and create new deeds, it must be proven to Frederick County that I, acting as Trustee for the Trust am unable to acquire additional twenty feet of land for a fifty -foot easement from property owners bounding Burr Stone Lane and the property to be divided, for ingress -egress to Wardensville Grade, if one .cannot be acquired. There is already an existing thirty-foot private ingress -egress right sof way to the state road, known as Burr Stone Lane. The additional twenty feet, plus the existing thirty-foot right-of-way equals the new fifty -foot easement that is required. d will need to either get 10' from each side of Burr Stone Lane or if one side is unwilling, -then I will have to get the full 20' from the other side. I have enclosed a copy of a map, _.highlighting what is needed for this 50' private ingress -egress easement. Your cospenm50'Vgm esss easeent=to Wardensville Grade wotald a1 6 byre you in the fiztie` yb eget decided to divide your property to family or others. You will most likely have to provide away to access a state road just as I am trying to do. I am not able or willing to provide footage for a 50' easement along Burr Stone Lane. Mary M. Schafer-Plunkert, trustee Date Irene Lucille Schafer Trust I am willing to provide foo a 50' easement along Burr Stone Lane. -Mary M. Schafe ert, trustee A Date Irene Lucille Schafer Trust I am willing to give 10 feet only. I am willing to give 20 feet, if necessary. Thank you very much for your cooperation in this matter. Mary M. Schafer-Plunkert, Trustee j ,Irene Lucille Schafer Trust October 25, 2007 ,,2 - /5 - u 9 Ms. Connie T. Coleman 415 Hopkins Road 10 Baltimore, MD 21212 REFERENCE: Easement for Property Access Certified Letter Mrs. Mary M. Schafer-Plunkert, Trustee for the Irene Lucille Schafer Trust is planning to divide the 14 -acre parcel of land situated between properties number 1 and 2 in half, to provide family members with equal shares, as indicated on the enclosed map. This division is deemed necessary to satisfy the provisions of the trust. The resulting two parcels will remain in the Schafer family and is not planned for any development at this `time. Frederick County now requires a fifty-yt-private ingress -egress to a state road: _ =order to complete the property division and create new deeds, it must be proven to Trederick County that I, acting as Trustee for the Trust am unable to acquire additional fiwenty feet of land for a fifty -foot easement from property owners bounding Burr Stone Lane and the property to be divided, for ingress -egress to Wardensville Grade, if one cannot be acquired. There is already an existing thirty-foot private ingress -egress riglit-of --way to the state road, known as Burr Sto4 Lance The additional twenty feet, -plus the - existing thirty-foot right-of-way equals tho- new fifty -foot easement that is required. Twill need to either get 10' from each side of Burr Stone Lane or if one side is unwilluig; ' when -I will have to get the full 2 from #hother side. I have enclosed a copy ofam ap, �--, A - — fighting what is needed l this 50� r rens-egress easement = y our cooperation in providing ar 0' priva%-ingress-egress easement to Wardensville-- -f rade would also benefit you in the future if you ever decided to divide your propertyto family or others. You will most likely have to provide a way to access a state road just as am trying to do. - m 4 am not able or willing to provide footage -for a 50' easement along Burr Stone Lane. -j >- nnie t. Coleman Date -A � am willing to provide footage for a 50' easement along Burr Stone Lane. ': zConnie T. Coleman - I am willing to give 10 feet only. -= I am wiling to give 20 feet, if necessary. -Thank yo vpr much f our cooperation in this matter. Mary M. Schafer- lunkert, Trustee Irene Lucille Schafer Trust Date October 15, 2007 Mr. and Mrs. Robert H. McFall Certified Letter 258 Burr Stone Lane Star Tannery, VA 22654 4 REFERENCE: Easement for Property Access Mrs. Mary M. Schafer-Plunkert, Trustee for the Irene Lucille Schafer Trust is planning to divide the 14 -acre parcel of land situated between properties number 1 and 2 in half, to provide family members with equal shares, as indicated on the enclosed map. This division is deemed necessary to satisfy the provisions of the trust. The resulting two parcels will remain in the Schafer family and is not planned for any development at this time. --IF'rederick County now requires a fifty -foot private ingress -egress to a state road. In Torder to complete the property-di_viston andtkeate new deeds, it must be proven to f Frederick County that I, acting as-Tdstee fat -the Trust am unable to acquire additional " twenty feet of land for a fifty -foot easement from property owners bounding Burr Stone y Lane and the property to be divided, for ingress -egress to Wardensville Grade, if one cannot be acquired. There is already an exiiting thirty-foot private ingress -egress right of -way to the state road, known as Burr ,Stone Lane. The additional twenty feet, plus the existing thirty-foot right-of-way equals theAew fifty -foot easement that is required �, A will need to either get 10' from each side of Burr Stone Lane or if one side is unwilling_ , -then I will have to get the full 20' from the other side. I have enclosed a copy of a map, ghlighting what is needed for tMs 50 private ingress -egress easement. ��tyYoi r aoperation in providin4i6 nrrva a gress-egress easement to Wards asutlie . -Gradewould also benefit you metitur it you ever decided to divide your property - to -family or others. You will most likely have to provide a way to access a state road just as I am trying to do. We are not able or willing to provide footage for a 50' easement along Burr Stone Lane. law -R ert H. McFall Date T. -J e L. McFall Date We are willing to provide footage for a 50' easement along Burr Stone Lane. -Robert H. McFall -June L. McFall - I am willing to give 10 feet only. I am willing to give 20 feet, if necessary. _Thank you very much for your cooperation in this matter. Mary M. Schafer-Plunkert, Trustee Irene Lucill% Schafer Trust Date Date October 15, 2007 �? L� S' � C/ IC Mr. David Graham Certified Letter 4204 31St Street Mt. Rainier, MD 20712 REFERENCE: Easement for Property Access Mrs. Mary M. Schafer-Plunkert, Trustee for the Irene Lucille Schafer Trust is planning to divide the 14 -acre parcel of land situated between properties number 1 and 2 in half, to provide family members with equal shares, as indicated on the enclosed map. This division is deemed necessary to satisfy the provisions of the trust. The resulting two parcels will remain in the Schafer family and is not planned for any development at this time. y.. Frederick County now requires afifty-food private ingress -egress to a state goad. in_.�. -' order to complete the property livision,= igeate stew deeds, it must he proven t� Frederick County that I, acting as Trustee -fob the Trust am unable to acquire additional twenty feet of land for a fifty -foot easement -from property owners bounding Burr Stone :_.Lane and the property to be divided, for ingress -egress to Wardensville Grade, if one- t cannot be acquired. There is already an exisft thirty-foot private ingress -egress right oi_ 1 way to the state road, known as Burr Stone Lane. The additional twenty feet, plus the F existing thirty-foot right-of-way equals the h`ew fifty -foot easement that is required. - '-I will need to either get 10' from each -side _ of Burr Stone Lane or if one side_is_unwillwgl then I will have to get the full 20'_ from the cher sidr.. I have enclosed a copy of a.map, highlighting what is needed for this 50' Ante ingress -egress easement. 3 - _ x amour cooperation in rovidin ess=e ss- easement to P P� a� - _ Grade would also benefit you in the future itouu_ewr decided to divide your`property-tfl } _ family or others. You will most likely have to provide a way to access a state road just as I am trying to do. g I am not able or willing provide footage for a 50' easement along Burr Stone Lane. David Graham Date L I am willing to provide footage for a 50' easement along Burr Stone Lane. David Graham I am willing to give 10 feet only. I am wiling to give 20 feet, if necessary. Thank yo very much for your cooperation in this matter. Mary M. Schafer-P�unkert, Trustee Irene Lucille Schafer Trust Date October 15, 2007 Mr. and Mrs. Kevin R. O'Connor Certified Letter 20533 Ashley Terrace Sterling, VA 20165 REFERENCE: Easement for Property Access Mrs. Mary M. Schafer-Plunkert, Trustee for the Irene Lucille Schafer Trust is planning to divide the 14 -acre parcel of land situated between properties number 1 and 2 in half, to provide family members with equal shares, as indicated on the enclosed map. This division is deemed necessary to satisfy the provisions of the trust. The resulting two parcels will remain in the Schafer family and is not planned for any development at this time. _rederick County no requires aft #y-oopri*ate ingre `ss -egress to a state road. In 4order to complete the property div siori and cre e new deeds, it must be proven to - 'Frederick County that I, acting as Trustee for the Trost am unable to acquire additional twenty feet of land for a fifty -foot easement from property owners bounding Burr Stone -Lane and the property to be divided, for ingress-gress to Wardensville Grade, if one ze cannot be acquired. There is already an existing--4hirty-foot private ingress -egress right of -_ Y = way to the state road, known as Burr Mone Lana-, The additional twenty feet, plus the _ J existing thirty-foot right-of-way equals the new fifty -foot easement that is required. I will need to either get 10' from each side of Burr Stone Lane or if one side -is unwilling, -' then I will have to get the full 20' frem the oth side. I have enclosed a copy -of a: map, ~ting what is needed for th!--50' privates_! -egress easement. - our cooperation in providing a 5 ' pnvatc-mgre-ss-egress easement to Wardensville Grade would also benefit you in the future if you ever -decided to divide your property to - family or others. You will most likely have to provide away to access a state road -just as I am trying to do. -Ve are not able or willing to provide footage for a 50' easement along Bun Stone Lane. 3 _y RSO' C�onno _ Date Christina O'Connor - Date - I We are willing to provide footage for a-50' easement along Burr Stone Lane. =Kevin R. O'Connor Date Christina O'Connor Date I am willing to give 10 feet only. I am willing to give 20 feet, if necessary. Thank you very much for your cooperation in this matter. Mary M. Schafer-Plunkert, Trustee Irene Lucille Schafer Trust October 15, 2007 v Mr. and Mrs. Samuel L. Spicer 131 Burr Stone Lane Star Tannery, VA 22654 REFERENCE: Easement for Property Access Certified Letter Mrs. Mary M. Schafer-Plunkert, Trustee for the Irene Lucille Schafer Trust is planning to divide the 14 -acre parcel of land situated between properties number 1 and 2 in half, to provide family members with equal shares, as indicated on the enclosed map. This division is deemed necessary to satisfy the provisions of the trust. The resulting two parcels will remain in the Schafer family and is not planned for any development at this time. Frederick County now requires afifty-footXrivate ingress -egress to a state road. In `order to complete the property division and cibate-new deeds, it must be proven to - = Frederick County that I, acting as Trustee foi the Trust am unable to acquire additional twenty feet of land for a fifty -foot easement J%m property owners bounding Bun Stone Lane and the property to be divided, for ingress egress to Wardensville Grade, if one ;cannot be acquired. There is already an existing -linty -foot private ingress -egress right of - way to the state road, known as Burr Stone LAneThe additional twenty feet, plus the - existing thirty-foot right-of-way equals the n9W fifty -foot easement that is required-. 'i will need to either get 10' from each side of Burt_=Stone Lane or if one side is unwilling, . then I. will have to get the full 20' from the other side. I have enclosed a copy of a map, highlighting what is needed for this 50' priva ingress -egress easement. =' &1 cooperation m providing a pnyat ress� greys easement to Wardensvdle- = _ ' Grade would also benefit you ii the future >fou ever decided to divide your property to family or others. You will most likely have to provide a way to access a state road just as I am trying to do. 4 -- -- We are not able or willing to provide footage -for aa50' easement along Burr Stone Lane. �'1 L Date Date -, We are willing to provide footage for a 50' easement along Burr Stone Lane Samuel L. Spicer Date Ruth J. Spicer Date I am willing to give 10 feet only. I am willing to give 20 feet, if necessary. Thank you very much for your cooperation in this matter. Mar}' M. Schafer-PlunkertTrustee Irene Lucille Schafer Trust October'15, 2007 Mr. and Mrs. Robert H. VanMeter 152 Richard Lane Star Tannery, VA 22654 REFERENCE: Easement for Property Access Certified Letter Mrs. Mary M. Schafer-Plunkert, Trustee for the Irene Lucille Schafer Trust is planning to divide the 14 -acre parcel of land situated between properties number 1 and 2 in half, to provide family members with equal shares, as indicated on the enclosed map. This division is deemed necessary to satisfy the provisions of the trust. The resulting two parcels will remain in the Schafer family and is not planned for any development at this -time. 3 Frederick County now requires a fifty4_ot Vrivate ingress -egress to a state r21td 4R ^=order to complete the property division and create new deeds, it must be proven -to- `=Frederick County that I, acting as Trustee --for the Trust am unable to acquire -additional - -fifty feet of land for a fifty -foot easement from property owners bounding the property to. be divided, but not bounding Burr Stone Lime, for ingress -egress to Wardensville Grade,- ---if one cannot be acquired. There is already an existing thirty-foot private ingress -egress a right of way to the state road, known as RU r Stone Lane. The additional twerity_feet,-plus - Ahe existing thirty-foot right-of-way equals the new fifty -foot easement that is required. y YI will need to get 50' from property owners not bounding Burr Stone Lane: I will need to AIX get 10' from each side -of -Burr Ston= Lane or if one side is unwilling, then I -will -_ LL r &e to get the full 20' from ate other sides l have enclosed a copy of a map, highlr� hat is needed for this 50' €i airs easement. P. ,� - Your cooperation in providing a 50' privaik ingress -egress easement to Wardensville= Grade would also benefit you in the future if you ever decided to divide your property to family or others. You will most likely have to provide away to access a state road just as 'I am trying to do. =We are not abje or willing to provide footage for a 50' easement to Wardensville Grade o - -� VanMeter Date _= Valerie Ann VanMeter Date IV2_1d 1We are willing to provide footage for a 50v'easement to Wardensville Grade` 'Robert H. VariMeter Date Valerie Ann VanMeter Date Thank you very much for your cooperation in this matter. Mary M. Schafer-Plunkert, Trustee Irene Lu i Schafer October 15, 2007 Ms. Laura M. Watson Certified Letter 5600 Wardensville Grade 10 Star Tannery, VA 22654 REFERENCE: Lasei-ttent for Property Access Mrs. Mary M. Schafer-Plunkert, Trustee for the Irene Lacille Schafer Trust is planning to divide the 14 -acre parcel of land situated between properties number 1 and 2 in half, to provide family members with equal shares, as indicated on the enclosed map. This `division is deemed necessary to satisfy the provisions of the trust. The resulting two parcels will remain in the Schafer family and is not planned for any development at this time. -Frederick County now requires a fifty-fortpriyate injZress-egress to a state road_-Irt "- - y order to complete the property division and -,create rieW "deeds, it must be proven to Frederick County that I, acting as Trustee for the =Trust am unable to acquire additional '- fifty feet of land for afifty-foot easement from property owners bounding the property_ to divided, but not bounding Burr Stone Lane, for ingress -egress to Wardensville Grade; .. if one cannot be acquired. There is already.an existing thirty-foot private ingress -egress right of way to the state road, known as Buie StoneLane: The additional twenty feet, plan= the existing thirty-foot right-of-way equals the new fifty -foot easement that is required. ~I will need to get 50' from property ownersnot bounding Burr Stone Lane. I will need to either get 10' from each side of Burr Stoneane if one side is unwilling, they will Sir --;have to get the full 20' from the_other� hi4-e taclosed a copy of a maj _i ighli htm�� -- _ - _ --- •orf is needed for this 50' pnx�egz�tes§ase�nent. m Your cooperation in providing a 50' privatingress-egress easement to Wardensville Grade would also benefit you in the future if you ever decided to divide your property to -` family or others. You will most likely have. to provide a way to access a state road just as, 4 ` I am trying to do. I am not able or willing to provide footage for a-50' to Wardensvill�Grade. Laura M. Watson = Date 111d U" 7, I am willing to provide footage for a 50' to Wardensville Grade Laura M. Watson - Date Thank you very much for your cooperation in this matter. Mary M. Schafer-Plunkert, Trustee Irene Luci e Schafer T r October -4-5, 2007 Ms. Laura M. Watson and Mr. Louis A. Kerns Certified Letter 5600 Wardensville Grade Star Tannery, VA 22654 REFERENCE: Easement for Property Access Mrs. Mary M. Schafer-Plunkert, Trustee for the Irene Lucille Schafer Trust is punning to divide the 14 -acre parcel of land situated between properties number 1 and 2 in half, to provide family members with equal shares, as indicated on the enclosed map. This division is deemed necessary to satisfy the provisions of the trust. The resulting two parcels will remain in the Schafer family and is not planned for any development at this time. U�1Frederick County now requixes a fifty -foot private ingress -egress to a state road. ll order to complete the property. division and' reate new deeds, it must be proven to, Frederick County that I, acting as Trustee fci the Trust am unable to acquire additional -s fifty feet of land for a fifty -foot easement fr6m property owners bounding the property_to `be divided, but not bounding Burr Stone Laid; for ingress -egress to Wardensville Grade;:_ if one cannot be acquired. There is already an existing thirty-foot private ingress -egress - 3 right of way to the state road, known -as Bum Stone Lane. The additional twenty feet, -plus the existing thirty-foot right-of-way equals the -new fifty -foot easement that is_required. = 4 will need to get 50' from property owners"not bounding Burr Stone Lane. f will needlo either get 10' from each side of Burr _Stone Lane or if one side is unwilling, then I will �` ,enclosed a copy of a m , highli _ - , wis needed for flus 50 pnatu3rgrJ ess_e -� -� .rte.- have to het the full 20' from t) - ther side - Iiav�e _ r Your cooperation in providing a 50' private egress -egress easement to Wardensville Grade would also benefit you in the future if you ever decided to divide your property to family or others. You will most likely.have-to provide a way to access a state road just as I am trying to do. Y 1 } -. We are not able or willing to provide footage for a 50' easement to Wardensville Grade Laura M Watson '= Date �G'v ?� eel Louis A. Kerns! �( Date 21 21 4-�;-We are willing to provide footage for a 50' easement to Wardensville Grade Laura M. Watson Date' Louis A. Kerns Date Thank you very much for your cooperation in this matter. Mary M. Schafer-Plunkert, Trustee Irene Lucille Schafer Tru 0j T.M. 70-3-2 N/F O'CONNER T.M. 70-3- J / NOTE. THIS PLAT HAS BEEN COMPILED FROM AVAILABLE RECORDS, AND IS NOT EX JO' R/W N/F SCHAFER PURPORTED TO BE A BOUNDARY SURVEY z Z T M. 70 -A -74H / OF THE LANDS SHOWN //F Ci W UA PROPOSED LOCKHART 10' RXW 50'R/W/ T.M. 70-A-7 o ^KNEW N/F MCFALL i T M. 70 -A -2F PROPOSE 10' R/ 3. y a N/F COLEMAN Lu v W o o v w k ywxk ;::...QE s/O NEW 50' R W Sc FNF 014- FS �� PROPOSED J%::`:... ` 01 7Ri'gRcF <� 20 R/W o Sc qFF �"? ` :`:.... T.M. 70 -A -2A BS FR7F N F MILLER Z 2 Q TM. 70 -A -74D N/F SCHAFER / Q W T.M. 70 -A -74A N/F MILLERVIX \ 7 ~ o Q 20oR/WD rr�. `� �n TU. m 70 -A -74E TM. 70-A-748 \ N/F o `;. N/F SCHAFER Q Z Q TM, 70-A-16,1DUNAYER/SIMONS N/F KERNS TY. 70 -A -16G `` Y N F WATSON 1pN Ro 5pMEpp 200 0 200 ouR1E VP DATE: aEBa Ie, 20" scarr= 2006 DESIGNED BY: JGB R. - GRAPHIC SCALE � (IN FEET) � 4 JOB NO. 4888 JP __ SHEET 1 OF I Exhibit "B" LINE BEARING DISTANCE Ll S 65'3249" E 138.97' L2 S 65-J5'51 " E 280.87' L3 S 65'35'51 " E 4.15' L4 S 72372 1 " E 115.80' L5 S 42'O3'i6" E 735.74' L6 S 66'24'10- E 142.43' L7 S 34.36'05' E 7.76' T.M. 70-3-2 N/F 0 CONN£R T.M. 70-3-1 N/F SCHAFER NOTES. - THIS PLAT HAS BEEN COMPILED FROM AVAILABLE RECORDS, AND IS NOT PURPORTED TO BE A BOUNDARY SUR OF THE LANDS SHOWN. ' � V T.M. 70—A -74H N/F LOCKHART IX 30'PROPOSED RA 10 R__z A EX 30 RA 0 Ll L2 _ L3 0" 7 60' BRL PROPOS D `= 10' R 6p B L7 II I A'� PROPOSED 20' R I I I J J NQS C6 o hl o I� �I Q W I FA MIL Y I ;� RESIDUE OF z " DIV/SION�I ^ TAX PARCEL 3 I LOT I I 70-A-2 I 1n IRENE LUCILLE N IRENE LUCILLE ;7 Q SCHAFER TRUST I �I I SCHAFER TRUST I h Q 2 I 7.0 ACRES I * I 6.5 ACRES I I S I I L100' BRL J L 100' BRL J 385.00' I 385.00' N 66'19'12' W 770.00' (TOTAL) T.M. 70—A-13 TM- 70—A — 16d T.M. 70—A— 16G N/F VANMET£R N/F KERNS N/F WATSON (48+ ACRES) (8+ ACRES) (15+ ACRES) 150 0 75 150 GRAPHIC SCALE (IN FEET) SKETCH PLAT FOR MINOR RURAL SUBDIVISION I FAMILY DMSION OF THE LAND OF TH �F IRENE LUCILLE SCHAFER TRUST211." BACK CREEK ANAGISTERLAL DISTRICT, FREDERICK COUNTY, VIRGINIA JASON G. BLY a SCALE. 1 " = 150' DATE. MAY 12, 2008 Lic. No. 2619 GREENii AY ENGINEERING, mc. �9 0� 151 Windy Hill Lane �� S U R`4 e'o Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 4983 SHEET 1 OF 1 Founded in 1971 www.greenwayeng.com COUNTY of FREDERICK Department of Planning and Development 540/665-5651 MEMORANDUM To: Frederick County Planning Commission From: Candice E. Perkins, Senior Planner �0 Subject: Planning Commission Discussion — Zoning Ordinance Text Amendment Age -Restricted Multifamily Housing Date: June 3, 2008 FAX: 540/665-6395 Patton Harris Rust & Associates (PHR&A) submitted a Zoning Ordinance text amendment to the County to enable age -restricted multifamily housing. The requested changes are based on a desire to incorporate elevators in a cost effective manner by permitting taller buildings, with more units per building, than allowed in the garden apartment housing type. The item was presented to the Development Review and Regulations Subcommittee (DDRS) at their meeting on February 22, 2007. The DRRS was supportive of the text amendment with some modifications. The main concern of the DRRS was parking and the number of habitable floors. This item was then discussed by the Planning Commission on April 4, 2007. Commission members raised the issue of compatibility with adjacent existing single-family neighborhoods. Since there are only eight existing developments that could seek to utilize this housing type, some Commissioners felt reasonably comfortable with it. They noted that the Commission would have the opportunity during the rezoning process for future requests to determine if the location and height were compatible with the surrounding neighborhood. The item was then discussed by the Board of Supervisors on April 25, 2007. Concerns regarding the number of habitable floors and the height were raised, as well as concerns about placing this type of use adjacent to existing residential uses. Changes were made to the ordinance after the BOS meeting, but consensus on the revisions was not achieved. The item was again presented at the Planning Commission Retreat in February 2008 and Board members expressed hesitation regarding the height of the structures when adjacent to existing residential units. The proposed text amendment has since been revised and was presented to the DRRS in April and May of 2008. At the April meeting, the DRRS suggested that the height of the structures not be reduced and remain at 60 feet and that the number of habitable floors remain at four to encourage pitched roofs instead of flat roofs. The DRRS also suggested that the side and rear perimeter boundary setbacks begin at 40 feet in height instead of 35 feet since garden apartments can be up to 40 feet in height by right. The DRRS also discussed the parking space requirements and requested that they be modified to include more spaces for the larger units. Revisions were also made to the definition of age -restricted to include the state code reference. The revisions were presented to the DRRS at their May meeting and they recommended that the ordinance be sent to the Planning Commission for review. The principle change to the ordinance would be the introduction of a new housing type in the RP (Residential Performance) District called age -restricted multifamily housing. It would be added to the list of allowed RP housing types. The proposal calls for the new housing type to be allowed only with proffered age -restricted housing. At the present time there are only eight developments to which this 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 Planning Commission Re: Age -Restricted Multifamily Housing June 3, 2008 Page 2 could apply — Snowden Bridge (part), Orrick Commons, Crosspointe (part), Cedar Meadows, Harvest Ridge, Westbury Commons, Westminster Canterbury and Willow Run (part). As evident in the attached text, the amendment has loosely based the new housing type on the existing garden apartment housing type (§ 165-65L). Differences from that section include: a higher density (20 units per acre), a higher maximum number of dwelling units per building (110), a higher maximum building height (60 feet), a reduced (five feet) setback from parking areas or driveways, a greater (60 feet) setback from the road right-of-way, a greater (100 feet) setback from the side and rear, and a requirement for an elevator. Text changes are needed in a number of other sections of the Zoning Ordinance and one section of the Subdivision Ordinance to ensure consistency throughout the ordinances. In general, the new housing type was treated similarly to a garden apartment. The modified sections are listed below and detailed in the attachments: RP Residential Performance District §165-59. Permitted uses. § 165-61. Number of uses restricted. §165-62. Gross Density. §165-62.1. Multifamily housing. (Note: Proposed changes would apply to all multifamily housing types) §165-65. Dimensional requirements. Supplemental Use Regulations §165-37 Buffer and screening requirements. Definitions §165-156 Definitions and word usage Design Standards § 144-24. Lot requirements. The at' ached documents show the existing ordinances, the changes to the ordinance supported by the DRRS (with strikethroughs for text eliminated and bold italic for text added) and a clean version of the proposed text as it is proposed to be adopted. This item is presented for discussion. Comments and suggestions from the Planning Commission will be forwarded to the Board of Supervisors. Attachments: 1. Existing ordinances 2. Existing ordinances with proposed changes shown in blackline 3. Proposed ordinances (clean version) CEP/bad Current Ordinance ATTACHMENT 1 CURRENT ADOPTED ORDINANCE Chapter 165 - Zoning ARTICLE VI RP Residential Performance District §165-59. Permitted uses. A. All uses shall be developed in accordance with an approved master development plan unless otherwise waived under Article V of this chapter. B_ Structures are to be erected or land used for one or more of the following uses: (1) Any of the following residential structures: single-family detached traditional rural, single-family detached traditional, single-family detached urban, single-family detached cluster, single-family detached zero lot line, single-family small lot, duplex, multiplex, atrium house, weak -link townhouse, townhouse or garden apartment. [Amended 10-27-1999] (2) Schools and churches. (3) Fire stations and companies and rescue squads. (4) Group homes. (5) Home occupations. (6) Utilities necessary to serve residential uses, including poles, lines, distribution transformers, pipes and meters. (7) Accessory uses and structures. Accessory structures attached to the main structure shall be considered part of the main structure. Mobile homes and trailers, as defined, shall not be considered as accessory structures or buildings. (8) Required or bonus recreational facilities and public parks, playgrounds and recreational facilities. (9) Business signs to advertise the sale or rent of the premises upon which they are erected, church bulletin boards and identification signs, signs for non-profit service clubs and charitable associations (off-site signs not to exceed eight square feet) and directional signs. (10) Temporary model homes used for sale of properties in a residential development. (11) Libraries. [Added 6-8-1994] (12) Adult -care residences and assisted -living care facilities. [Added 8-24- 2004] §165-61. Number of uses restricted. Appendix 1 — Current Ordinance Current Ordinance ATTACHMENT 1 More than one principal structure or use and its customary accessory structures or uses are permitted in the RP Residential Performance District for duplexes, multiplexes, atrium houses, weak -link townhouses and garden apartments. §165-62. Gross density. [Amended 5-11-19941 A gross density shall be established for each proposed development, including all land contained within a single master development plan, according to the characteristics of the land, the capacity of public facilities and roads and the nature of surrounding uses. Because of these characteristics, some developments may not be allowed to employ the maximum density allowed by these regulations. The following density requirements shall apply to all parcels as they exist at the time of the adoption of this section: A. Subsequent divisions of land shall not increase the allowed density on parcels of land. B. In no case shall the gross density of any development within an approved master development plan exceed 10 dwellings per acre. C. In no case shall the gross density of any development within an approved master development plan which contains more than 10 acres and less than 100 acres exceed 5.5 dwellings per acre. D. In no case shall the gross density of any development within an approved master development plan which contains more than 100 acres exceed four dwellings per acre. §165-62.1. Multifamily housing. [Added 5-11-19941 A. Developments that are less than 25 acres in size may include more than 50% multifamily housing types. B. Developments that are more than 25 acres and less than 50 acres in size shall be permitted to contain up to 50% multifamily housing types. C. Developments that are over 50 acres in size shall be permitted to contain up to 40% multifamily housing types. Appendix 1 — Current Ordinance - 2 - Current Ordinance ATTACHMENT 1 §165-65. Dimensional requirements. The following dimensional requirements shall be met by uses in the RP Residentail Performance District. The Administrator shall make the final determination as to the classification of housing types. Unless otherwise specified, all housing types shall be served by public sewer and water. L. Garden apartments. "Garden apartments" are multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Garden apartments shall contain six or more dwellings in a single structure. Required open space shall not be included as minimum lot area. (1) Maximum gross density shall be 10 units per acre. (2) Dimensional requirements shall be as follows: Minimum Lot Area per Number of Dwelling Unit -Off-Street Bedrooms (square feet) Parking Spaces Efficiency 1,300 1.50 1 1,700 2.00 2 2,000 2.25 3 plus 2,550 2.50 (3) Maximum site impervious surface ratio (on lot) shall be 0.50. (4) Minimum lot size shall be one acre. (5) Minimum yards shall be as follows: (a) Front setback: [1] Thirty-five feet from road right-of-way. [2] Twenty feet from parking area or driveway. (b) Side: 50 feet from perimeter boundary. (c) Rear: 50 feet from perimeter boundary. (6) Minimum on-site building spacing shall be 50 feet. (7) Maximum number of dwelling units per building shall be 16. (8) Maximum building height shall be as follows: (a) Principle building: 40 feet. (b) Accessory buildings: 15 feet Appendix 1— Current Ordinance M 3 Current Ordinance ATTACHMENT 1 ARTICLE IV Supplemental Use Regulations §165-37 Buffer and screening requirements. [Amended 6-13-19901 C. [Amended 5-11-1994] Residential separation buffers. (2) Perimeter apartment or multiplex separation buffers. (a) Wherever possible and practical, garden apartments and multiplex structures shall not be placed adjacent to other types of residential structures. If other types of residential structures must be placed adjacent to garden apartments or multiplex structures, the following buffers are required. (b) Buffers shall be placed between the garden apartment or multiplex structures and the lot line of the lots containing the other housing types. ARTICLE XXII Definitions §165-156. Definitions and word usage. [Amended 11-13-1991] AGE -RESTRICTED COMMUNITY — A designated area of at least 250 acres in size within a residential recreational community development which is intended to be absent of school age children and which ensures, through covenants, management regulations or other similar legal instruments, enforceable by a homeowners' association or other similar private entity, that at least one of the residents of at least 80% of the units is 55 years of age or older. [Added 8-9-2000] Appendix 1 — Current Ordinance - 4 - Distance Buffer Required Screening Inactive Active Provided (Minimum) (Maximum) Total (feet) (feet) (feet) Full screen 75 25 100 Landscape screen 150 50 200 No screen 350 50 400 (b) Buffers shall be placed between the garden apartment or multiplex structures and the lot line of the lots containing the other housing types. ARTICLE XXII Definitions §165-156. Definitions and word usage. [Amended 11-13-1991] AGE -RESTRICTED COMMUNITY — A designated area of at least 250 acres in size within a residential recreational community development which is intended to be absent of school age children and which ensures, through covenants, management regulations or other similar legal instruments, enforceable by a homeowners' association or other similar private entity, that at least one of the residents of at least 80% of the units is 55 years of age or older. [Added 8-9-2000] Appendix 1 — Current Ordinance - 4 - Current Ordinance ATTACHMENT 1 Chapter 144 — Subdivision of Land ARTICLE V Design Standards §144-24. Lot requirements. C. Lot Access. All lots shall abut and have direct access to a public street or right- of-way dedicated for maintenance by the Virginia Department of Transportation (2) Multifamily and single-family small lot housing. [Amended 10-27-1999] (a) Lots in subdivisions to be used for the following housing types, as defined by Chapter 165, Zoning, need not abut public streets: [ I ] Duplexes. [2] Multiplexes, [3] Atrium houses. [4] Townhouses. [5] Weak -link townhouses. [61 Garden apartments. [7] Single-family small lot housing. Appendix 1 — Current Ordinance - 5 - Proposed Changes — Blackline & Redline ATTACHMENT 2 PROPOSED CHANGES WITH STRIKETHROUGHS AND BOLD ITALIC DRRS Endorsed — May 22, 2008 Chapter 165 - Zoning ARTICLE VI RP Residential Performance District §165-59. Permitted uses. A. All uses shall be developed in accordance with an approved master development plan unless otherwise waived under Article V of this chapter. B. Structures are to be erected or land used for one or more of the following uses: (1) Any of the following residential structures: single-family detached traditional rural, single-family detached traditional, single-family detached urban, single-family detached cluster, single-family detached zero lot line, single-family small lot, duplex, multiplex, atrium house, weak -link townhouse, townhouse, or garden apartment or age -restricted multifamily housing. [Amended 10-27-1999] (2) Schools and churches. (3) Fire stations and companies and rescue squads. (4) Group homes. (5) Home occupations. (6) Utilities necessary to serve residential uses, including poles, lines, distribution transformers, pipes and meters. (7) Accessory uses and structures. Accessory structures attached to the main structure shall be considered part of the main structure. Mobile homes and trailers, as defined, shall not be considered as accessory structures or buildings. (8) Required or bonus recreational facilities and public parks, playgrounds and recreational facilities. (9) Business signs to advertise the sale or rent of the premises upon which they are erected, church bulletin boards and identification signs, signs for non-profit service clubs and charitable associations (off-site signs not to exceed eight square feet) and directional signs. (10) Temporary model homes used for sale of properties in a residential development. (11) Libraries. [Added 6-8-1994] (12) Adult -care residences and assisted -living care facilities. [Added 8-24- 2004] §165-61. Number of uses restricted. -1- Proposed Changes — Blackline & Redline ATTACHMENT 2 More than one principal structure or use and its customary accessory structures or uses are permitted in the RP Residential Performance District for duplexes, multiplexes, atrium houses, weak -link townhouses, fiftd garden apartments and age -restricted multifamily housing. §165-62. Gross density. [Amended 5-11-19941 A gross density shall be established for each proposed development, including all land contained within a single master development plan, according to the characteristics of the land, the capacity of public facilities and roads and the nature of surrounding uses. Because of these characteristics, some developments may not be allowed to employ the maximum density allowed by these regulations. The following density requirements shall apply to all parcels as they exist at the time of the adoption of this section: A. Subsequent divisions of land shall not increase the allowed density on parcels of land. B. In no case shall the gross density of any development within an approved master development plan exceed 4-0 20 dwellings per acre. C. In no case shall the gross density of any development within an approved master development plan which contains more than 10 acres and less than 100 acres exceed 5.5 dwellings per acre. D. In no case shall the gross density of any development within an approved master development plan which contains more than 100 acres exceed four dwellings per acre. §165-62.1. Multifamily housing. [Added 5-11-1994] A. Developments that are less than 25 acres in size may include more than 5" 60% multifamily housing types. B. Developments that are more than 25 acres and less than 50 acres in size shall be permitted to contain up to 59°� 60% multifamily housing types. C. Developments that are over 50 acres in size shall be permitted to contain up to 4&0 50% multifamily housing types. -2- Proposed Changes — Blackline & Redline ATTACHMENT 2 §165-65. Dimensional requirements. The following dimensional requirements shall be met by uses in the RP Residential Performance District. The Administrator shall make the final determination as to the classification of housing types. Unless otherwise specified, all housing types shall be served by public sewer and water. L. Garden apartments. "Garden apartments" are multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Garden apartments shall contain six or more dwellings in a single structure. Required open space shall not be included as minimum lot area. (1) Maximum gross density shall be 10 units per acre. (2) Dimensional requirements shall be as follows: Minimum Lot Area per Number of Dwelling Unit Off -Street Bedrooms (square feet) Parking Spaces Efficiency 1,300 1.50 1 1,700 2.00 2 2,000 2.25 3 plus 2,550 2.50 (3) Maximum site impervious surface ratio (on lot) shall be 0.50. (4) Minimum lot size shall be one acre. (5) Minimum yards shall be as follows: (a) Front setback: [1] Thirty-five feet from road right-of-way. [2] Twenty feet from parking area or driveway. (b) Side: 50 feet from perimeter boundary. (c) Rear: 50 feet from perimeter boundary. (6) Minimum on-site building spacing shall be 50 feet. (7) Maximum number of dwelling units per building shall be 16. (8) Maximum building height shall be as follows: (a) Principle building: 40 feet. (b) Accessory buildings: 15 feet -3- Proposed Changes — Blackline & Redline ATTACHMENT 2 O. Age -restricted multifamily housin-. "Age -restricted multifamily housing" are multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sumof the required lot areas of all dwelling units within the building. Age - restricted multifamily Housing shall only be permitted within proffered age - restricted developments. Elevator service shall be provided to each floor of age -restricted multifamily housing structures for use by residents. (1) Maximum gross density shall be 20 units per acre. (2) Dimensional requirements shall be as follows: Minimum Lot Area per Number of Dwelling Unit Off -Street Bedrooms (square feet) Parking Spaces Efficiency 1,300 1.5 1 1,700 1.5 2 2,000 2.0 3 plus 2,550 2.0 (3) Maximum site impervious surface ratio (on lot) shall be 0.50. (4) Minimum lot size shall be three acres. (5) Minimum yards shall be as follows: (a) Front setback: [I J Sixty feet from road right-of-ways. [21 Five feet from parking areas or driveways. (b) Side: 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet when the adjacent use is single family residences. (c) Rear: 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet when the adjacent use is single family residences. (6) Minimum on-site building spacing shall be 50 feet. (7) Maximum number of dwelling units per building shall be 110. (8) Maximum building height shall be as follows: (a) Principle building. 60 feet. (b) Accessory buildings: 15 feet -4- Proposed Changes — Blackline & Redline ATTAC> IMENT 2 ARTICLE IV Supplemental Use Regulations §165-37 Buffer and screening requirements. [Amended 6-13-1990] C. [Amended 5-11-1994] Residential separation buffers. (2) Perimeter apartment, er-multiplex or age -restricted multifamily housing separation buffers. (a) Wherever possible and practical, garden apartments, and multiplex structures and age -restricted multifamily housing structures shall not be placed adjacent to other types of residential structures. If other types of residential structures must be placed adjacent to garden apartments, or multiplex structures; or age -restricted multifamily housing structures the following buffers are required. (b) Buffers shall be placed between the garden apartment, of multiplex structures or age -restricted multifamily housing structures and the lot line of the lots containing the other housing types. (c) For age -restricted multifamily housing the full screen must include all elements of the landscape screen with the evergreen component planted at a height of six feet, and also include a six -foot -high wall, fence, mound or berm. -5- Distance Buffer Required Screening Inactive Active Provided (Minimum) (Maximum) Total (feet) (feet) (feet) Full screen 75 25 100 Landscape screen 150 50 200 No screen 350 50 400 (b) Buffers shall be placed between the garden apartment, of multiplex structures or age -restricted multifamily housing structures and the lot line of the lots containing the other housing types. (c) For age -restricted multifamily housing the full screen must include all elements of the landscape screen with the evergreen component planted at a height of six feet, and also include a six -foot -high wall, fence, mound or berm. -5- Proposed Changes — Blackline & Redline ATTACHMENT 2 ARTICLE XXII Definitions $165-156. Definitions and word usage. [Amended 11-13-1991] AGE -RESTRICTED — Housing intended for and occupied by older persons (as defaned in Chapter 36-96.7 of the Code of Virginia, 1950 as amended). The housing must include the publication of, and adherence to, policies and procedures which demonstrate an intent by the owner(s) and manager(s) to provide housing for older persons. IBM Proposed Changes — Blackline & Redline ATTACHMENT 2 Chapter 144 — Subdivision of Land ARTICLE V Design Standards §144-24. Lot requirements. C. Lot Access. All lots shall abut and have direct access to a public street or right- of-way dedicated for maintenance by the Virginia Department of Transportation (2) Multifamily Single-family small lot housing, single family attached housing and multifamily housing. [Amended 10-27-1999] (a) Lots in subdivisions to be used for the following housing types, as defined by Chapter 165, Zoning, need not abut public streets: [1] Duplexes. [2] Multiplexes, [3] Atrium houses. [4] Townhouses. [5] Weak -link townhouses. [6] Garden apartments. [7] Single-family small lot housing. [8] Age -restricted multifamily housing -7- Proposed Ordinances (Clean Version) ATTACHMENT 3 PROPOSED ORDINANCES (CLEAN VERSION) Chapter 165 - Zoning ARTICLE VI RP Residential Performance District §165-59. Permitted uses. A. All uses shall be developed in accordance with an approved master development plan unless otherwise waived under Article V of this chapter. B. Structures are to be erected or land used for one or more of the following uses: (1) Any of the following residential structures: single-family detached traditional rural, single-family detached traditional, single-family detached urban, single-family detached cluster, single-family detached zero lot line, single-family small lot, duplex, multiplex, atrium house, weak -link townhouse, townhouse, or garden apartment or age -restricted multifamily housing. [Amended 10-27-1999] (2) Schools and churches. (3) Fire stations and companies and rescue squads. (4) Group homes. (5) Home occupations. (6) Utilities necessary to serve residential uses, including poles, lines, distribution transformers, pipes and meters. (7) Accessory uses and structures. Accessory structures attached to the main structure shall be considered part of the main structure. Mobile homes and trailers, as defined, shall not be considered as accessory structures or buildings. (8) Required or bonus recreational facilities and public parks, playgrounds and recreational facilities. (9) Business signs to advertise the sale or rent of the premises upon which they are erected, church bulletin boards and identification signs, signs for non-profit service clubs and charitable associations (off-site signs not to exceed eight square feet) and directional signs. (10) Temporary model homes used for sale of properties in a residential development. (11) Libraries. [Added 6-8-1994] (12) Adult -care residences and assisted -living care facilities. [Added 8-24- 2004] §165-61. Number of uses restricted. ME Proposed Ordinances (Clean Version) ATTACHMENT 3 More than one principal structure or use and its customary accessory structures or uses are permitted in the RP Residential Performance District for duplexes, multiplexes, atrium houses, weak -link townhouses, garden apartments and age -restricted multifamily housing. §165-62. Gross density. [Amended 5-11-1994] A gross density shall be established for each proposed development, including all land contained within a single master development plan, according to the characteristics of the land, the capacity of public facilities and roads and the nature of surrounding uses. Because of these characteristics, some developments may not be allowed to employ the maximum density allowed by these regulations. The following density requirements shall apply to all parcels as they exist at the time of the adoption of this section: A. Subsequent divisions of land shall not increase the allowed density on parcels of land. B. In no case shall the gross density of any development within an approved master development plan exceed 20 dwellings per acre. C. In no case shall the gross density of any development within an approved master development plan which contains more than 10 acres and less than 100 acres exceed 5.5 dwellings per acre. D. In no case shall the gross density of any development within an approved master development plan which contains more than 100 acres exceed four dwellings per acre. §165-62.1. Multifamily housing. [Added 5-11-19941 A. Developments that are less than 25 acres in size may include more than 60% multifamily housing types. B. Developments that are more than 25 acres and less than 50 acres in size shall be permitted to contain up to 60% multifamily housing types. C. Developments that are over 50 acres in size shall be permitted to contain up to 50% multifamily housing types. -2- Proposed Ordinances (Clean Version) ATTACHMENT 3 §165-65. Dimensional requirements. The following dimensional requirements shall be met by uses in the RP Residential Performance District. The Administrator shall make the final determination as to the classification of housing types. Unless otherwise specified, all housing types shall be served by public sewer and water. L. Garden apartments. "Garden apartments" are multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Garden apartments shall contain six or more dwellings in a single structure. Required open space shall not be included as minimum lot area. (1) Maximum gross density shall be 10 units per acre. (2) Dimensional requirements shall be as follows: Minimum Lot Area per Number- of Dwelling Unit Off -Street Bedrooms (square feet) Parking Spaces Efficiency 1,300 1.50 1 1,700 2.00 2 2,000 2.25 3 plus 2,550 2.50 (3) Maximum site impervious surface ratio (on lot) shall be 0.50. (4) Minimum lot size shall be one acre. (5) Minimum yards shall be as follows: (a) Front setback: [ 1 ] Thirty-five feet from road right-of-way. [2] Twenty feet from parking area or driveway. (b) Side: 50 feet from perimeter boundary. (c) Rear: 50 feet from perimeter boundary. (6) Minimum on-site building spacing shall be 50 feet. (7) Maximum number of dwelling units per building shall be 16. (8) Maximum building height shall be as follows: (a) Principle building: 40 feet. (b) Accessory buildings: 15 feet -3- Proposed Ordinances (Clean Version) ATTACHMENT 3 Q. Age -restricted multifamily housing. "Age -restricted multifamily housing" are multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Age -restricted multifamily housing shall only be permitted within proffered age -restricted developments. Elevator service shall be provided to each floor of age - restricted multifamily housing structures for use by residents. (1) Maximum gross density shall be 20 units per acre. (2) Dimensional requirements shall be as follows: Minimum Lot Area per Number of Dwelling Unit Off -Street Bedrooms (square feet) Parking Spaces Efficiency 1,300 1.5 1 1,700 1.5 2 2,000 2.0 3 plus 2,550 2.0 (3) Maximum site impervious surface ratio (on lot) shall be 0.50. (4) Minimum lot size shall be three acres. (5) Minimum yards shall be as follows: (a) Front setback: [1] Sixty feet from road right-of-ways. [2] Five feet from parking areas or driveways. (b) Side: 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet when the adjacent use is single family residences. (c) Rear: 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet when the adjacent use is single family residences. (6) Minimum on-site building spacing shall be 50 feet. (7) Maximum number of dwelling units per building shall be 110. (8) Maximum building height shall be as follows: (a) Principle building: 60 feet. (b) Accessory buildings: 15 feet Proposed Ordinances (Clean Version) ATTACHMENT 3 ARTICLE IV Supplemental Use Regulations §165-37 Buffer and screening requirements. (Amended 6-13-19901 C. [Amended 5-11-1994] Residential separation buffers. (2) Perimeter apartment, multiplex or age -restricted multifamily housing separation buffers. (a) Wherever possible and practical, garden apartments, multiplex structures and age -restricted multifamily housing structures shall not be placed adjacent to other types of residential structures. If other types of residential structures must be placed adjacent to garden apartments, multiplex structures, or age -restricted multifamily housing structures the following buffers are required. (b) Buffers shall be placed between the garden apartment, multiplex structures or age -restricted multifamily housing structures and the lot line of the lots containing the other housing types. (c) For age -restricted multifamily housing the full screen must include all elements of the landscape screen with the evergreen component planted at a height of six feet, and also include a six -foot -high wall, fence, mound or berm. MIE Distance Buffer Required Screening Inactive Active Provided (Minimum) (Maximum) Total (feet) (feet) (feet) Full screen 75 25 100 Landscape screen 150 50 200 No screen 350 50 400 (b) Buffers shall be placed between the garden apartment, multiplex structures or age -restricted multifamily housing structures and the lot line of the lots containing the other housing types. (c) For age -restricted multifamily housing the full screen must include all elements of the landscape screen with the evergreen component planted at a height of six feet, and also include a six -foot -high wall, fence, mound or berm. MIE Proposed Ordinances (Clean Version) ATTACHMENT 3 ARTICLE XXII Definitions §165-156. Definitions and word usage. [Amended 11-13-19911 AGE -RESTRICTED — Housing intended for and occupied by older persons (as defined in Chapter 36-96.7 of the Code of Virginia, 1950 as amended). The housing must include the publication of, and adherence to, policies and procedures which demonstrate an intent by the owner(s) and manager(s) to provide housing for older persons. -6- Proposed Ordinances (Clean Version) ATTACHMENT 3 Chapter 144 — Subdivision of Land ARTICLE V Design Standards §144-24. Lot requirements. C. Lot Access. All lots shall abut and have direct access to a public street or right- of-way dedicated for maintenance by the Virginia Department of Transportation (2) Single-family small lot housing, single family attached housing and multifamily housing. [Amended 10-27-1999] (a) Lots in subdivisions to be used for the following housing types, as defined by Chapter 165, Zoning, need not abut public streets: [ 1 ] Duplexes. [2] Multiplexes, [3] Atrium houses. [4] Townhouses. [5] Weak -link townhouses. [6] Garden apartments. [7] Single-family small lot housing. [8] Age -restricted multifamily housing COUNTY of FREDERICK Department of Planning and Development 540/665-5651 MEMORANDUM FAX: 540/665-6395 To: Frederick County Planning Commission From: Candice E. Perkins, Senior Planner L Subject: Planning Commission Discussion — Zoning Ordinance Text Amendment Age -Restricted Multifamily Housing Date: June 3, 2008 Patton Harris Rust & Associates (PHR&A) submitted a Zoning Ordinance text amendment to the County to enable age -restricted multifamily housing. The requested changes are based on a desire to incorporate elevators in a cost effective manner by permitting taller buildings, with more units per building, than allowed in the garden apartment housing type. The item was presented to the Development Review and Regulations Subcommittee (DDRS) at their meeting on February 22, 2007. The DRRS was supportive of the text amendment with some modifications. The main concern of the DRRS was parking and the number of habitable floors. This item was then discussed by the Planning Commission on April 4, 2007. Commission members raised the issue of compatibility with adjacent existing single-family neighborhoods. Since there are only eight existing developments that could seek to utilize this housing type, some Commissioners felt reasonably comfortable with it. They noted that the Commission would have the opportunity during the rezoning process for future requests to determine if the location and height were compatible with the surrounding neighborhood. The item was then discussed by the Board of Supervisors on April 25, 2007. Concerns regarding the number of habitable floors and the height were raised, as well as concerns about placing this type of use adjacent to existing residential uses. Changes were made to the ordinance after the BOS meeting, but consensus on the revisions was not achieved. The item was again presented at the Planning Commission Retreat in February 2008 and Board members expressed hesitation regarding the height of the structures when adjacent to existing residential units. The proposed text amendment has since been revised and was presented to the DRRS in April and May of 2008. At the April meeting, the DRRS suggested that the height of the structures not be reduced and remain at 60 feet and that the number of habitable floors remain at four to encourage pitched roofs instead of flat roofs. The DRRS also suggested that the side and rear perimeter boundary setbacks begin at 40 feet in height instead of 35 feet since garden apartments can be up to 40 feet in height by right. The DRRS also discussed the parking space requirements and requested that they be modified to include more spaces for the larger units. Revisions were also made to the definition of age -restricted to include the state code reference. The revisions were presented to the DRRS at their May meeting and they recommended that the ordinance be sent to the Planning Commission for review. The principle change to the ordinance would be the introduction of a new housing type in the RP (Residential Performance) District called age -restricted multifamily housing. It would be added to the list of allowed RP housing types. The proposal calls for the new housing type to be allowed only with proffered age -restricted housing. At the present time there are only eight developments to which this 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Planning Commission Re: Age -Restricted Multifamily Housing June 3, 2008 Page 2 could apply — Snowden Bridge (part), Orrick Commons, Crosspointe (part), Cedar Meadows, Harvest Ridge, Westbury Commons, Westminster Canterbury and Willow Run (part). As evident in the attached text, the amendment has loosely based the new housing type on the existing garden apartment housing type (§ 165-65L). Differences from that section include: a higher density (20 units per acre), a higher maximum number of dwelling units per building (l 10), a higher maximum building height (60 feet), a reduced (five feet) setback from parking areas or driveways, a greater (60 feet) setback from the road right-of-way, a greater (100 feet) setback from the side and rear, and a requirement for an elevator. Text changes are needed in a number of other sections of the Zoning Ordinance and one section of the Subdivision Ordinance to ensure consistency throughout the ordinances. In general, the new housing type was treated similarly to a garden apartment. The modified sections are listed below and detailed in the attachments: RP Residential Performance District §165-59. Permitted uses. § 165-61. Number of uses restricted. §165-62. Gross Density. § 165-62.1. Multifamily housing. (Note housing types) §165-65. Dimensional requirements. Proposed changes would apply to all multifamily Supplemental Use Regulations §165-37 Buffer and screening requirements. Definitions §165-156 Definitions and word usage Design Standards § 144-24. Lot requirements. The at' ached documents show the existing ordinances, the changes to the ordinance supported by the DRRS (with strikethroughs for text eliminated and bold italic for text added) and a clean version of the proposed text as it is proposed to be adopted. This item is presented for discussion. Comments and suggestions from the Planning Commission will be forwarded to the Board of Supervisors. Attachments: 1. Existing ordinances 2. Existing ordinances with proposed changes shown in blackline 3. Proposed ordinances (clean version) CEP/bad Current Ordinance ATTACHMENT 1 CURRENT ADOPTER ORDINANCE Chapter 165 - Zoning ARTICLE VI RP Residential Perfonnance District §165-59. Permitted uses. A. All uses shall be developed in accordance with an approved master development plan unless otherwise waived under Article V of this chapter. B. Structures are to be erected or land used for one or more of the following uses: (1) Any of the following residential structures: single-family detached traditional rural, single-family detached traditional, single-family detached urban, single-family detached cluster, single-family detached zero lot line, single-family small lot, duplex, multiplex, atrium house, weak -link townhouse, townhouse or garden apartment. [Amended 10-27-1999] (2) Schools and churches. (3) Fire stations and companies and rescue squads. (4) Group homes. (5) Home occupations. (6) Utilities necessary to serve residential uses, including poles, lines, distribution transformers, pipes and meters. (7) Accessory uses and structures. Accessory structures attached to the main structure shall be considered part of the main structure. Mobile homes and trailers, as defined, shall not be considered as accessory structures or buildings. (8) Required or bonus recreational facilities and public parks, playgrounds and recreational facilities. (9) Business signs to advertise the sale or rent of the premises upon which they are erected, church bulletin boards and identification signs, signs for non-profit service clubs and charitable associations (off-site signs not to exceed eight square feet) and directional signs. (10) Temporary model homes used for sale of properties in a residential development. (11) Libraries. [Added 6-8-1994] (12) Adult -care residences and assisted -living care facilities. [Added 8-24- 20041 §165-61. Number of uses restricted. Appendix 1 — Current Ordinance Current Ordinance ATTACHMENT 1 More than one principal structure or use and its customary accessory structures or uses are permitted in the RP Residential Performance District for duplexes, multiplexes, atrium houses, weak -link townhouses and garden apartments. §165-62. Gross density. [Amended 5-i1-1994 11 A gross density shall be established for each proposed development, including all land contained within a single master development plan, according to the characteristics of the land, the capacity of public facilities and roads and the nature of surrounding uses. Because of these characteristics, some developments may not be allowed to employ the maximum density allowed by these regulations. The following density requirements shall apply to all parcels as they exist at the time of the adoption of this section: A. Subsequent divisions of land shall not increase the allowed density on parcels of land. B. In no case shall the gross density of any development within an approved master development plan exceed 10 dwellings per acre. C. In no case shall the gross density of any development within an approved master development plan which contains more than 10 acres and less than 100 acres exceed 5.5 dwellings per acre. D. In no case shall the gross density of any development within an approved master development plan which contains more than 100 acres exceed four dwellings per acre. §165-62.1. Multifamily housing. [Added 5-11-19941 A. Developments that are less than 25 acres in size may include more than 50% multifamily housing types. B. Developments that are more than 25 acres and less than 50 acres in size shall be permitted to contain up to 50% multifamily housing types. C. Developments that are over 50 acres in size shall be permitted to contain up to 40% multifamily housing types. Appendix 1 — Current Ordinance - 2 - Current Ordinance ATTACHMENT 1 §165-65. Dimensional requirements. The following dimensional requirements shall be met by uses in the RP Residentail Performance District. The Administrator shall make the final determination as to the classification of housing types. Unless otherwise specified, all housing types shall be served by public sewer and water. L. Garden apartments. "Garden apartments" are multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Garden apartments shall contain six or more dwellings in a single structure. Required open space shall not be included as minimum lot area. (1) Maximum gross density shall be 10 units per acre. (2) Dimensional requirements shall be as follows: Minimum Lot Area per Number of Dwelling Unit Off -Street Bedrooms (square feet) Parking Spaces Efficiency 1,300 1.50 1 1,700 2.00 2 2,000 2.25 3 plus 2,550 2.50 (3) Maximum site impervious surface ratio (on lot) shall be 0.50. (4) Minimum lot size shall be one acre. (5) Minimum yards shall be as follows: (a) Front setback: [1] Thirty-five feet from road right-of-way. [2] Twenty feet from parking area or driveway. (b) Side: 50 feet from perimeter boundary. (c) Rear: 50 feet from perimeter boundary. (6) Minimum on-site building spacing shall be 50 feet. (7) Maximum number of dwelling units per building shall be 16. (8) Maximum building height shall be as follows: (a) Principle building: 40 feet. (b) Accessory buildings: 15 feet Appendix l — Current Ordinance - 3 - Current Ordinance ATTACHMENT 1 ARTICLE IV Supplemental Use Regulations §165-37 Buffer and screening requirements. [Amended 6-13-19901 C. [Amended 5-11-19941 Residential separation buffers. (2) Perimeter apartment or multiplex separation buffers. (a) Wherever possible and practical, garden apartments and multiplex structures shall not be placed adjacent to other types of residential structures. If other types of residential structures must be placed adjacent to garden apartments or multiplex structures, the following buffers are required. (b) Buffers shall be placed between the garden apartment or multiplex structures and the lot line of the lots containing the other housing types. ARTICLE XXII Definitions §165-156. Definitions and word usage. [Amended 11-13-1991] AGE -RESTRICTED COMMUNITY — A designated area of at least 250 acres in size within a residential recreational community development which is intended to be absent of school age children and which ensures, through covenants, management regulations or other similar legal instruments, enforceable by a homeowners' association or other similar private entity, that at least one of the residents of at least 80% of the units is 55 years of age or older. [Added 8-9-20001 Appendix ] — Current Ordinance - 4 - Distance Buffer Required Screening Inactive Active Provided (Minimum) (Maximum) Total (feet) (feet) (feet) Full screen 75 25 100 Landscape screen 150 50 200 No screen 350 50 400 (b) Buffers shall be placed between the garden apartment or multiplex structures and the lot line of the lots containing the other housing types. ARTICLE XXII Definitions §165-156. Definitions and word usage. [Amended 11-13-1991] AGE -RESTRICTED COMMUNITY — A designated area of at least 250 acres in size within a residential recreational community development which is intended to be absent of school age children and which ensures, through covenants, management regulations or other similar legal instruments, enforceable by a homeowners' association or other similar private entity, that at least one of the residents of at least 80% of the units is 55 years of age or older. [Added 8-9-20001 Appendix ] — Current Ordinance - 4 - Current Ordinance ATTACHMENT 1 Chapter 144 — Subdivision of Land ARTICLE V Design Standards §144-24. Lot requirements. C. Lot Access. All lots shall abut and have direct access to a public street or right- of-way dedicated for maintenance by the Virginia Department of Transportation (2) Multifamily and single-family small lot housing. [Amended 10-27-1999] (a) Lots in subdivisions to be used for the following housing types, as defined by Chapter 165, Zoning, need not abut public streets: [1] Duplexes. [2] Multiplexes, [3] Atrium houses. [4] Townhouses. [5] Weak -link townhouses. [6] Garden apartments. [7] Single-family small lot housing. Appendix 1 — Current Ordinance _ 5 _ Proposed Changes — Blackline & Redline ATTACHMENT 2 PROPOSED CHANGES WITH STRIKETHROUGHS AND BOLD ITALIC DRRS Endorsed — May 22, 2008 Chapter 165 - Zoning ARi'1CLE Vi RP Residential Performance District §165-59. Permitted uses. A. All uses shall be developed in accordance with an approved master development plan unless otherwise waived under Article V of this chapter. B. Structures are to be erected or land used for one or more of the following uses: (1) Any of the following residential structures: single-family detached traditional rural, single-family detached traditional, single-family detached urban, single-family detached cluster, single-family detached zero lot line, single-family small lot, duplex, multiplex, atrium house, weak -link townhouse, townhouse, or garden apartment or age -restricted multifamily housing. [Amended 10-27-1999] (2) Schools and churches. (3) Fire stations and companies and rescue squads. (4) Group homes. (5) Home occupations. (6) Utilities necessary to serve residential uses, including poles, lines, distribution transformers, pipes and meters. (7) Accessory uses and structures. Accessory structures attached to the main structure shall be considered part of the main structure. Mobile homes and trailers, as defined, shall not be considered as accessory structures or buildings. (8) Required or bonus recreational facilities and public parks, playgrounds and recreational facilities. (9) Business signs to advertise the sale or rent of the premises upon which they are erected, church bulletin boards and identification signs, signs for non-profit service clubs and charitable associations (off-site signs not to exceed eight square feet) and directional signs. (10) Temporary model homes used for sale of properties in a residential development. (11) Libraries. [Added 6-8-1994] (12) Adult -care residences and assisted -living care facilities. [Added 8-24- 2004] §165-61. Number of uses restricted. Proposed Changes — Blackline & Redline ATTACHMENT 2 More than one principal structure or use and its customary accessory structures or uses are permitted in the RP Residential Performance District for duplexes, multiplexes, atrium houses, weak -link townhouses, and garden apartments and age -restricted multifamily housing. §165-62. Gross density. [Amended 5-11-19941 A gross density shall be established for each proposed development, including all land contained within a single master development plan, according to the characteristics of the land, the capacity of public facilities and roads and the nature of surrounding uses. Because of these characteristics, some developments may not be allowed to employ the maximum density allowed by these regulations_ The following density requirements shall apply to all parcels as they exist at the time of the adoption of this section: A. Subsequent divisions of land shall not increase the allowed density on parcels of land. B. In no case shall the gross density of any development within an approved master development plan exceed N 20 dwellings per acre. C. In no case shall the gross density of any development within an approved master development plan which contains more than 10 acres and less than 100 acres exceed 5.5 dwellings per acre. D. In no case shall the gross density of any development within an approved master development plan which contains more than 100 acres exceed four dwellings per acre. §165-62.1. Multifamily housing. [Added 5-11-19941 A. Developments that are less than 25 acres in size may include more than 60% multifamily housing types. B. Developments that are more than 25 acres and less than 50 acres in size shall be permitted to contain up to 5"0 60% multifamily housing types. C. Developments that are over 50 acres in size shall be permitted to contain up to 50% multifamily housing types. -2- Proposed Changes — Blackline & Redline ATTACHMENT 2 §165-65. Dimensional requirements. The following dimensional requirements shall be met by uses in the RP Residential Performance District. The Administrator shall make the final determination as to the classification of housing types. Unless otherwise specified, all housing types shall be served by public sewer and water. L. Garden apartments. "Garden apartments" are multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Garden apartments shall contain six or more dwellings in a single structure. Required open space shall not be included as minimum lot area. (1) Maximum gross density shall be 10 units per acre. (2) Dimensional requirements shall be as follows: Minimum Lot Area per Number of Dwelling Unit Off -Street Bedrooms (square feet) Parking Spaces Efficiency 1,300 1.50 1 1,700 2.00 2 2,000 2.25 3 plus 2,550 2.50 (3) Maximum site impervious surface ratio (on lot) shall be 0.50. (4) Minimum lot size shall be one acre. (5) Minimum yards shall be as follows: (a) Front setback: [ 1 ] Thirty-five feet from road right-of-way. [2] Twenty feet from parking area or driveway. (b) Side: 50 feet from perimeter boundary. (c) Rear: 50 feet from perimeter boundary. (6) Minimum on-site building spacing shall be 50 feet. (7) Maximum number of dwelling units per building shall be 16. (8) Maximum building height shall be as follows: (a) Principle building: 40 feet. (b) Accessory buildings: 15 feet .3- Proposed Changes — Blackline & Redline ATTACHMENT 2 O. Age -restricted multifamily housinz "Age -restricted multifamily housing" are multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Age - restricted multifamily housing shall only be permitted within proffered age - restricted developments. Elevator service shall be provided to each floor of age -restricted multifamily housing structures for use by residents. (1) Maximum gross density shall be 20 units per acre. (2) Dimensional requirements shall be as follows: Minimum Lot Area per Number of Dwelling Unit Off -Street Bedrooms (square feet) Parking Spaces Efficiency 1,300 1.5 1 1,700 1.5 2 2,000 2.0 3 plus 2,550 2.0 (3) Maximum site impervious surface ratio (on lot) shall be 0.50. (4) Minimum lot size shall be three acres. (5) Minimum yards shall be as follows: (a) Front setback: [11 Sixty feet from road right-of-ways. [21 Five feet from parking areas or driveways. (b) Side: 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet when the adjacent use is single family residences. (c) Rear: 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet when the adjacent use is single family residences. (6) Minimum on-site building spacing shall be 50 feet. (7) Maximum number of dwelling units per building shall be 110. (8) Maximum building height shall be as follows: (a) Principle building: 60 feet. (b) Accessory buildings: 15 feet -4- Proposed Changes -- Blackline & Redline ATTACHMENT 2 ARTICLE IV Supplemental Use Regulations §165-37 Buffer and screening requirements. [Amended 6-13-19901 C. [Amended 5-11-1994] Residential separation buffers. (2) Perimeter apartment, e -multiplex or age -restricted multifamily housing separation buffers. (a) Wherever possible and practical, garden apartments, aftd multiplex structures and age -restricted multifamily housing structures shall not be placed adjacent to other types of residential structures. If other types of residential structures must be placed adjacent to garden apartments, or multiplex structures; or age -restricted multifamily housing structures the following buffers are required. (b) Buffers shall be placed between the garden apartment, of multiplex structures or age -restricted multifamily housing structures and the lot line of the lots containing the other housing types. (c) For age -restricted multifamily housing the full screen must include all elements of the landscape screen with the evergreen component planted at a height of six feet, and also include a six -foot -high wall, fence, mound or berm. - 5 - Distance Buffer Required Screening Inactive Active Provided (Minimum) (Maximum) Total (feet) (feet) (feet) Full screen 75 25 100 Landscape screen 150 50 200 No screen 350 50 400 (b) Buffers shall be placed between the garden apartment, of multiplex structures or age -restricted multifamily housing structures and the lot line of the lots containing the other housing types. (c) For age -restricted multifamily housing the full screen must include all elements of the landscape screen with the evergreen component planted at a height of six feet, and also include a six -foot -high wall, fence, mound or berm. - 5 - Proposed Changes — Blackline & Redline ATTACHMENT 2 ARTICLE XXII Definitions §165-156, Definitions and word usage. [Amended 11-13-1991] gmgmmig .;; - :Mai 0.11 r :. 1-M-4 - ----- • • ��. AGE -RESTRICTED — Housing intended for and occupied by older persons (as defined in Chapter 36-96.7 of the Code of Virginia, 1950 as amended). The housing must include the publication of, and adherence to, policies and procedures which demonstrate an intent by the owner(s) and manager(s) to provide housing for older persons. Proposed Changes — Blackline fir. Redline ATTACHMENT 2 Chapter 144 — Subdivision of Land ARTICLE V Design Standards §144-24. Lot requirements. C. Lot Access. All lots shall abut and have direct access to a public street or right- of-way dedicated for maintenance by the Virginia Department of Transportation (2) Multifamily Single-family small lot housing, single family attached housing and multifamily housing. [Amended 10-27-1999] (a) Lots in subdivisions to be used for the following housing types, as defined by Chapter 165, Zoning, need not abut public streets: [1] Duplexes. [2] Multiplexes, [3] Atrium houses. [4] Townhouses. [5] Weak -link townhouses. [6] Garden apartments. [7] Single-family small lot housing. [SJ Age -restricted multifamily housing -7- Proposed Ordinances (Clean Version) ATTACHMENT 3 PROPOSED ORDINANCES (CLEAN VERSION) Chapter 165 - Zoning ARTICLE VI RP Residential Performance District §165-59. Permitted uses. A. All uses shall be developed in accordance with an approved master development plan unless otherwise waived under Article V of this chapter. B. Structures are to be erected or land used for one or more of the following uses: (1) Any of the following residential structures: single-family detached traditional rural, single-family detached traditional, single-family detached urban, single-family detached cluster, single-family detached zero lot line, single-family small lot, duplex, multiplex, atrium house, weak -link townhouse, townhouse, of garden apartment or age -restricted multifamily housing. [Amended 10-27-1999] (2) Schools and churches. (3) Fire stations and companies and rescue squads. (4) Group homes. (5) Home occupations. (6) Utilities necessary to serve residential uses, including poles, lines, distribution transformers, pipes and meters. (7) Accessory uses and structures. Accessory structures attached to the main structure shall be considered part of the main structure. Mobile homes and trailers, as defined, shall not be considered as accessory structures or buildings. (8) Required or bonus recreational facilities and public parks, playgrounds and recreational facilities. (9) Business signs to advertise the sale or rent of the premises upon which they are erected, church bulletin boards and identification signs, signs for non-profit service clubs and charitable associations (off-site signs not to exceed eight square feet) and directional signs. (10) Temporary model homes used for sale of properties in a residential development. (11) Libraries. [Added 6-8-1994] (12) Adult -care residences and assisted -living care facilities. [Added 8-24- 2004] §165-61. Number of uses restricted. -1- Proposed Ordinances (Clean Version) ATTACHMENT 3 More than one principal structure or use and its customary accessory structures or uses are permitted in the RP Residential Performance District for duplexes, multiplexes, atrium houses, weak -link townhouses, garden apartments and age -restricted multifamily housing. §165-62. Gross density. [Amended 5-11-19941 A gross density shall be established for each proposed development, including all land contained within a single master development plan, according to the characteristics of the land, the capacity of public facilities and roads and the nature of surrounding uses. Because of these characteristics, some developments may not be allowed to employ the maximum density allowed by these regulations. The following density requirements shall apply to all parcels as they exist at the time of the adoption of this section: A. Subsequent divisions of land shall not increase the allowed density on parcels of land. B. In no case shall the gross density of any development within an approved master development plan exceed 20 dwellings per acre. C. In no case shall the gross density of any development within an approved master development plan which contains more than 10 acres and less than 100 acres exceed 5.5 dwellings per acre. D. In no case shall the gross density of any development within an approved master development plan which contains more than 100 acres exceed four dwellings per acre. §165-62.1. Multifamily housing. [Added 5-11-19941 A. Developments that are less than 25 acres in size may include more than 60% multifamily housing types. B. Developments that are more than 25 acres and less than 50 acres in size shall be permitted to contain up to 60% multifamily housing types. C. Developments that are over 50 acres in size shall be permitted to contain up to 50% multifamily housing types. -2- Proposed Ordinances (Clean Version) ATTACHMENT 3 §165-65. Dimensional requirements. The following dimensional requirements shall be met by uses in the RP Residential Performance District. The Administrator shall make the final determination as to the classification of housing types. Unless otherwise specified, all housing types shall be served b y public 3ewer and water. L. Garden apartments. "Garden apartments" are multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Garden apartments shall contain six or more dwellings in a single structure. Required open space shall not be included as minimum lot area. (1) Maximum gross density shall be 10 units per acre. (2) Dimensional requirements shall be as follows: Minimum Lot Area per Number of Dwelling Unit Off -Street Bedrooms (square feet) Parking Spaces Efficiency 1,300 1.50 1 1,700 2.00 2 2,000 2.25 3 plus 2,550 2.50 (3) Maximum site impervious surface ratio (on lot) shall be 0.50. (4) Minimum lot size shall be one acre. (5) Minimum yards shall be as follows: (a) Front setback: [ 1 ] Thirty-five feet from road right-of-way. [2] Twenty feet from parking area or driveway. (b) Side: 50 feet from perimeter boundary. (c) Rear: 50 feet from perimeter boundary. (6) Minimum on-site building spacing shall be 50 feet. (7) Maximum number of dwelling units per building shall be 16. (8) Maximum building height shall be as follows: (a) Principle building: 40 feet. (b) Accessory buildings: 15 feet -3- Proposed Ordinances (Clean Version) ATTACHMENT 3 Q. Age -restricted multifamily housing. "Age -restricted multifamily housing" are multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Age -restricted multifamily housing shall only be permitted witliin proffered age -restricted developments. Elevator service shall be provided to each floor of age - restricted multifamily housing structures for use by residents. (1) Maximum gross density shall be 20 units per acre. (2) Dimensional requirements shall be as follows: Minimum Lot Area per Number of Dwelling Unit Off -Street Bedrooms (square feet) Parking Spaces Efficiency 1,300 1.5 1 1,700 1.5 2 2,000 2.0 3 plus 2,550 2.0 (3) Maximum site impervious surface ratio (on lot) shall be 0.50. (4) Minimum lot size shall be three acres. (5) Minimum yards shall be as follows: (a) Front setback: [ 1 ] Sixty feet from road right-of-ways. [2] Five feet from parking areas or driveways. (b) Side: 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet when the adjacent use is single family residences. (c) Rear: 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet when the adjacent use is single family residences. (6) Minimum on-site building spacing shall be 50 feet. (7) Maximum number of dwelling units per building shall be 110. (8) Maximum building height shall be as follows: (a) Principle building: 60 feet. (b) Accessory buildings: 15 feet -4- Proposed Ordinances (Clean Version) ATTACHMENT 3 ARTICLE IV Supplemental Use Regulations §165-37 Buffer and screening requirements. [Amended 6-13-19901 C. [Amended 5-11-1994] Residential separation buffers. (2) Perimeter apartment, multiplex or age -restricted multifamily housing separation buffers. (a) Wherever possible and practical, garden apartments, multiplex structures and age -restricted multifamily housing structures shall not be placed adjacent to other types of residential structures. If other types of residential structures must be placed adjacent to garden apartments, multiplex structures, or age -restricted multifamily housing structures the following buffers are required. (b) Buffers shall be placed between the garden apartment, multiplex structures or age -restricted multifamily housing structures and the lot line of the lots containing the other housing types. (c) For age -restricted multifamily housing the full screen must include all elements of the landscape screen with the evergreen component planted at a height of six feet, and also include a six -foot -high wall, fence, mound or berm. -5- Distance Buffer Required Screening Inactive Active Provided (Minimum) (Maximum) Total (feet) (feet) (feet) Full screen 75 25 100 Landscape screen 150 50 200 No screen 350 50 400 (b) Buffers shall be placed between the garden apartment, multiplex structures or age -restricted multifamily housing structures and the lot line of the lots containing the other housing types. (c) For age -restricted multifamily housing the full screen must include all elements of the landscape screen with the evergreen component planted at a height of six feet, and also include a six -foot -high wall, fence, mound or berm. -5- Proposed Ordinances (Clean Version) ATTACHMENT 3 ARTICLE XXII Definitions §165-156. Definitions and word usage. [Amended 11-13-1991] AGE -RESTRICTED — Housing intended for and occupied by older persons (as defined in Chapter 36-96.7 of the Code of Virginia, 1950 as amended). The housing must include the publication of, and adherence to, policies and procedures which demonstrate an intent by the owner(s) and manager(s) to provide housing for older persons. -6- Proposed Ordinances (Clean Version) ATTACHMENT 3 Chapter 144 — Subdivision of Land ARTICLE V Design Standards §144-24. Lot requirements. C. Lot Access. All lots shall abut and have direct access to a public street or right- of-way dedicated for maintenance by the Virginia Department of Transportation (2) Single-family small lot housing, single family attached housing and multifamily housing. [Amended 10-27-1999] (a) Lots in subdivisions to be used for the following housing types, as defined by Chapter 165, Zoning, need not abut public streets: [ 1 ] Duplexes. [2] Multiplexes, [3] Atrium houses. [4] Townhouses. [5] Weak -link townhouses. [6] Garden apartments. [7] Single-family small lot housing. [8] Age -restricted multifamily housing