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PC 03-19-08 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia March i9, 2008 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting............................................................................ (no tab) 2) February 6, 2008 Minutes................................................................................................ (A) 3) Committee Reports.................................................................................................. (no tab) 4) Citizen Comments.................................................................................................... (no tab) PUBLIC MEETING 5) Twelfth Elementary School Site Plan Mrs. Perkins............................................................................ (B) COMMISSION DISCUSSION 6) Ordinance Amendment — Chapter 165, Zoning, Article XIII MS (Medical Support) District. Addition of Continuing Care Retirement Communities (CCRC) in the MS District. Mrs. Perkins ....... (C) 7) 8) Strategic Planning Policy Mr. Lawrence.......................................................................... Other FILE COPY ................. (D) 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 February 6, 2008, PRESENT: June M. Wilmot, Chainman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Gregory S. Kerr, Red Bud District; John H. Light, Stonewall District; Gary R Oates, Stonewall District; Cordell Watt, Back Creek District; H. Paige Manuel, Shawnee District, Lawrence R Ambrogi, Shawnee District; Charles DeHaven, Jr., Board of Supervisors Liaison; and Roderick Williams, Legal Counsel. ABSENT: Christopher M. Mohn, Red Bud District and Greg L. Unger, Back Creek District, STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cberan, Zoning & Subdivision Administrator; Amber Powers, Planner 1; and Renee' S. Arlotta, Clerk_ WELCOME NEWLY -APPOINTED PLANNING COMMISSIONER, LAWRENCE R. AMBROGL SHAWNEE DISTRICT REPRESENTATIVE Chairman Wilmot welcomed the newly -appointed Planning Commission Representative for Shawnee District, Mr. Lawrence R. Ambrogi, on behalf of the entire Commission. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Convnissioner Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously adopted the agenda for the February 6, 2008 meeting. MINUTES Upon motion made by Convnissioner Oates and seconded by Commissioner Manuel, the meeting minutes of December 5, 2007 were unanimously approved as presented. Frederick County Planning Commission Minutes of February 6, 2008 M�I3 Page 2195 111 -2 - COMMITTEE REPORTS Development Review & RQj!ulations Subcommittee(MRS) — 01/24/08 Mtg. Commissioner Oates reported two items of discussion at the DRRS meeting: 1) a list ofpriorities for the upcoming year, which will be taken to the Planning Commission's Retreat, and, 2) discussion of assisted living in the MS District and a review of ordinances prepared by the staff Coimnissioner Oates reported that many connnents were made and several new members were in attendance. Transportation Committee — 01/28/08 Mtg. Conunissioner Kriz reported that a new committee member, Mr. David Burleson, was introduced. The following items were acted upon: 1) The meeting date for February was changed to Thursday, February28. 2) A report of the Rt. 37 Access Management Study which covers the I-81 and US- 11 interchanges will be presented to the Transportation Committee and local officials of Frederick County, the City of Winchester, and Stephens City on Monday, February 11, in the Board Room at 7:00 p.m., which will immediately precede the CPPS meeting. All of the Planning Commission is invited to attend and the meeting is open to the general public. 3) A Work Group was fonned to study Transportation Impact Fees and the establishment of a Transportation Authority in Frederick County. The Work Group will begin meeting on Tuesday, February 12, in the Planning Department Conference Room. 4) The Rt. 277 -Triangle Area Land Use Plan, which is being studied by a CPPS Work Group, was discussed and several con rents were made for changes, particularly regarding the eastern portion of US -522. 5) The committee recoinmended further study for the access break of Rt. 11 and Rt. 37, which was presented by Greenway Engineering. The applicant was asked to come back at the next meeting with further information. 6) Planning Deputy Director -Transportation, John Bishop, presented a legislative update, particularly Senate Bill 768, and Nvhy he was not in favor of it. The discussion had relevance to impact fees and the difficulties adopting policies with rules and guidelines that change every year. CITIZEN COMMENTS RESOLUTION OF APPRECIATION FOR COMMISSIONER JOHN H. LIGHT STONEWALL DISTRICT REPRESENTATIVE Chairman Wilmot called for citizen comments on any item that was not on this evening's agenda. Mr. James W. Golladay, Jr., retired Planning Commission Chainnan, came forward to thank retiring Stonewall District Representative, Commissioner John H. Light, for his many years of service to the Planning Commission and the citizens of Frederick County. Mr. Golladay presented a Resolution of Appreciation to Commissioner Light on behalf of the Planning Commission. Board Supervisor, Charles S. DeHaven, Jr., came forward to also express his appreciation and thanks, on behalf of the citizens of Stonewall District and the Board of Supervisors, to Commissioner John H. Light for his many years of service and dedication to Frederick County. Frederick County Planning Commission Minutes of February 6, 2008 Page 2196 -3 - PUBLIC MEETING Consideration of a request by Nina G. Smoke, submitted by Marsh & Legge Land Surveyors, for a waiver from the Frederick County Code, Chapter 144, Subdivision of Land, Article V, Design Standards, Section 31, Rural Subdivisions, (C)(3), Minor Rural Subdivisions, to enable the family division of a parcel of land on a right-of-way less than 50 feet. This property is located on the western side of Diamondback Lane, approximately 0.4 miles north of the intersection of Diamondback Lane and Back Mountain Road (Rt. 600). The property is further identified by P.I.N. 58-10-A3 in the Back Creek Magisterial District. Action — Recommended Approval Zoning and Subdivision Achninistrator, Mark R. Cheran, reported that the applicant is seeking an exception from the lot requirements of Section 144-31(C)(3) of the Subdivision Ordinance to enable a family division of a parcel of land into two lots on a right-of-way less than 50 feet. Mr. Cheran said the parent tract is currently served by a 30 -foot right-of-way and 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 is 50 feet. He added that a letter from the property o«giers served by Diamondback Lane, who declined to grant an easement to Ms. Smoke, is included in the Cominission's agenda. Commissioner Watt asked staff how soon a property from a family subdivision could be sold. Mr. Cheran replied an avadavat is included with a family subdivision which states that the subdivided property must remain with the family member for five years. Mr. Cheran pointed out the waiver only applies to the two lots being considered this evening; he said any other subdivision must be brought back to the Planning Commission and the Board of Supervisors for review. Mr. Duane Brown, with Marsh & Legge Land Surveyors, P.L.C., introduced himself and Ms. Kathy Simon, the daughter of the applicant, Nina G. Smoke, who would be a recipient of one of the family lots. Mr. Brown answered questions from the Commission concerning the properties with access to the 30 -foot easement, Diamondback Lane. Mr. Brown stated that the ingress/egress easement ends just northwest of the subject property, before Mt. Falls subdivision. Chairman Wilmot called for public comments; however, no one came forward to speak. Conmiissioner Thomas observed there was a considerable amount of property here within the same family. He was concerned about giving two parcels access on a 30 -foot right-of-way vrhen there's a housing development that surrounds the entire property. He was concerned about what may happen in the future. Commissioner Watt was concerned about granting waivers for right-of-ways; however, he said the Commission has done so in the past for family subdivisions. Upon motion made by Commissioner Watt and seconded by Commissioner Manuel, BE IT RESOLVED, that by a majority vote, the Frederick County Plaiming Conunission does hereby recommend approval of the request by Nina G. Smoke, submitted by Marsh & Legge Land Surveyors, for a waiver from the Frederick County Code, Chapter 144, Subdivision of Land, Article V, Design Standards, Section 31, Rural Subdivisions, (C)(3), Minor Rural Subdivisions, to enable the family division of a parcel of land on a right-of- way less than 50 feet. Frederick County Planning Commission Minutes of February 6, 2008 Page 2197 -4 - The majority vote was as follows: YES (TO APPROVE): Kerr, Triplett, Kriz, Ours, Light, Ambrogi, Oates, Manuel, Watt, Wilmot NO: Thomas (Note: Commissioners Mohn and Unger were absent from the meeting.) COMMISSION DISCUSSION Overview of Recently -Enabled NOVA Proffer System Planning Director, Eric R. Lawrence, reported that on July 1, 2007, new state legislation was implemented which expands upon the County's ability to accept proffers during the rezoning process. Mr. Lawrence stated that this change provides the County with the ability to use the "Northern Virginia" form of conditional zoning. He explained that the Code of Virginia includes provisions offering greater opportunities to communities with "high growth," which is defined as population growth of five percent or more between census years. Mr. Lawrence stated that by this definition, Frederick County is a qualifying high-growth jurisdiction. More importantly, this permits the County to accept proffers for which the need is not generated solely by the rezoning proposal. He said the benefit to Frederick County is allowing the County to accept proffered improvements for infrastructure regardless of whether the development was generating an impact. This provision assists the County in securing more global improvements to schools and the transportation network. Co ninissioners asked if the County could lose its "high-growth" classification, if the County's population growth was not sustained at five percent. Mr. Lawrence said the growth rate to qualify needs to be five percent for a ten-year period; he didn't think the county's population would drop between census years. He said Frederick County has been typically growing at 2.9 percent. Cominissioners pointed out that the proffer model is based on the impact a requested rezoning has on county's facilities; if the county accepts a proffer not directly associated with the rezoning, they questioned whether it would be in addition to the proffer model or if the proffer model would be reduced. Mr. Lawrence replied that the development impact model works by assessing the capital facility impacts a rezoning proposal might have on the county. He said it is up to the applicant, as they are going through their rezoning process, to figure out how they want to off -set those impacts. Mr. Lawrence said the expectation is that they will directly off- set it, but it certainly provides flexibility if they feel there are other ways they can offset the impact. Chainnan Wilmot asked if there was a "reasonableness clause" in terns of how far away the alternative proposal may be. The Planning Commission's legal counsel, Mr. Roderick Williams, said the language in the legislature uses the word, "benefiting." Mr. Williams stated that the proffer does not have to be directly related, but as long as it "benefits" the property at issue, or is reasonably -related, then it qualifies. Frederick County Planning Commission Minutes of February 6, 2008 Page 2198 -5 - OTHER Bylaws Group Update Chairman Wilmot provided an update on the work being done on the Planning Commission's Bylaws by the Bylaws Group. She said the group has incorporated language, for the Commission's approval, to the affect that the Commission expects proffers to be available when the application materials are distributed. She said that another item under review by the Bylaws Group is the 90 -day period to forward applications to the Board of Supervisors. Chairman Wilmot said the Commission typically tables for 45 days, which puts the Commission in the middle of a 90 -day period to get the application to the Board of Supervisors. She said if the applicant is ready and the clock starts at the first public hearing, it will provide the Commission a longer opportunity for review. Furthermore, if the Conmmission tables, the mechanism exists for the Commission to put the application into a work session, allowing the Commission the opportunity to discuss with staffbefore action is taken. Chairman Wilmot said the 90 -day time line, the 45 -day tabling rule, and a possible work session for all rezoning applications is under study. She said another topic being discussed is the desire for the Chair and Vice Chair of major connmittees to be Planning Commission members, possibly from separate districts. She said there is a proposal to examine an alternate structure for the committees, which may work well for the CPPS, by establishing standing subcommittees to work on yearly issues, such as small area land use plans, the Comprehensive Policy Plan, or public facilities at CIP time. She said the suggestion for restructuring arose because of the considerable amount of interest by persons wishing to be on a committee and to help distribute some of the responsibilities. ADJOURNMENT vote. There being no further business to discuss, the meeting adjourned at 7:45 p.m. by a unanimous Respectfully submitted, June M. Wilmot, Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission tF p�� Page 2199 Minutes of February 6, 2008 ! nl °i, h L71a �,r'it r� u COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 1i�0R\4vvixtilLi To: Frederick County Planning Commission From: Candice E. Perkins, AICP, Senior Planner Cie Subject: Discussion —12th Elementary School Site Plan Date: March 6, 2008 At the March 19, 2008 Planning Commission meeting, staff will present the site plan for the 12th Elementary School to the Planning Commission for review. Customarily, projects involving public facilities are brought before the Planning Commission prior to site plan approval. A representative of the Frederick County Schools and Greenway Engineering will be present during the Planning Commission meeting. The new elementary school will be located on Channing Drive within the Lynnehaven Development in the Red Bud Magisterial District, and construction of the school itself is anticipated to begin this spring. Staff has reviewed the site plan and has identified one main issue with the site which deals with walkability. While the site does provide a trail from the sidewalk on Woodrow Road to the school building, there is no such connection to the sidewalk on Lynnehaven Drive and there are no sidewalks along Channing Drive. It appears that a trail could be provided from Lynnehaven Drive to the school building, and while there are topography constraints along Channing Drive that may make a sidewalk adjacent to the road difficult, a trail or sidewalk that may not be adjacent to Channing Drive but serves a similar purpose should be looked at by the applicant. Action on the site plan is not required, but input from the Planning Commission is being sought. A smaller version of the site plan is attached for your information. Please contact me if you would like to see the fidl version, or if you need any additional information. CEP/bad Attachment 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 1 1 \ mar. um. 1m. mP°oo`lom°n `.- ONSITE TYPICAL PAVEMENT SECTION HEAVT PAVEMENT SECTION zT o ,. F �`� �• f Mvou�` ----- ��,..-77 rY „_1 �.W.. �,. m m x4x B. SH11H Lic No.eeear 0 —__-- 0 z ONSITE TYPICAL PAVEMENT 5ECTION xm.o.cw W W I I BHT PA\2'-;ENiIPAPo�I = sECTIONgi Z e -a ..........., W K. r LU �KwL �ttn�utiWla n. loe mT ��ymK t�is�Ya»i � �� nC HATCHPD PAWING AFEAS INDICATE LIGHT PAVEMENT SECTION. x4x B. SH11H Lic No.eeear 1 o4��Hto a, 0 —__-- 0 i) y W A W W e -a ..........., W K. r 1 o4��Hto a, ONSITE T7PICAC,mpA�VEMENT SECTION ONSITE TYPICAL PAVEMENT SECTION � 1 I ' d rlf W tt / X1'1" PAVEHENt SECTION 7CHT PAVEMENT/PAWL 5EGTION a 9 In cc HATCHED PAWING AREAS WDICATE LIGHT P4VEIMENT 6ECTION. u Y - s _ _ 4 NNENA / POS / �aa40, / te acxoo� erwxa r�P i Q\v/ \ `i !� \ \•...�// �INa zz oaf I,- - r � '/Y \ o` / / � / am• � manluv aac v mwum i i} ri co cc LU ul LU `:r 1 -r. 7 .. . ..... . . . . . . aRI otivN�., xA�E. I• , .�I . MEMORANDUM To: Frederick County Planning Commission From: Candice E. Perkins, AICP, Senior Planner COUNTY of FREDERICK Department of Planzaing and Development 540/665-5651 FAX: 540/665-6395 Subject: Planning Commission Discussion — Addition of Continuing Care Retirement Communities (CCRC's) in the MS (Medical Support) Zoning District. Date: March 3, 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 conditional use in the MS District to provide the opportunity for this use to develop in a supervised manner. A conditional use permit approach has been used for this proposed ordinance amendment to ensure that the development of the CCRC use can be limited by the Board of Supervisors to ensure that overall intent of the Medical Support District is still implemented. 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 conditional use permit for the CCRC could accompany either the rezoning or master development plan for the proposed MS District or could be submitted afterwards. 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 item was revised to address the concerns and reviewed again at the February 28, 2008 DRRS meeting and was endorsed with a few 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Frederick County Planning Commission Re: CCRC Discussion March 3, 2008 minor revisions. Staff has provided a copy of the ordinance as it exists currently in the Zoning Ordinance and an example of how the ordinance could be revised. If the DRRS is supportive of this ordinance amendment, staff will forward it to the Planning Commission and Board of Supervisors for their consideration. The attached documents show the existing ordinance, the changes to the ordinance and the proposed definitions 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 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 § 165-92 ZONING 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. ATTACIEVIENT 1 § 165-96 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 9-12-200120 ] § 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 XXI as XIV through_ XXII, respectively; and renumbered §§ 165-96 through 165-145 as 165-104 through 165-156, respectively. 165:125 06-15-2007 § 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. 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: 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 ZONi G § 165-97 Standard Industrial 165:127 06 - is - 2007 Classification Allowed Uses (SIC) Eating places 5812 Drug stores and proprietary stares 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 verification, 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 - is - 2007 § 165-97 FREDERICK COUNTY CODE § 165-97 (4) Allowed Uses Membership sports and recreation clubs Offices and clinics of doctors and dentists Hospitals Medical laboratories Dental laboratories Miscellaneous health and allied services Child day-care services Public buildings, including the following: Social services offices Free medical clinics Manufacturing and wholesaling support services: Standard Industrial Classification (SIC) 7997 801-804 806 8071 8072 809 8351 (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 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. (5) Related residential uses: Standard Industrial Classification Allowed Uses (SIC) Operators of apartment buildings 6513 165:128 06 - 15 - 2007 § 16.5-97 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 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. 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 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. 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 -planned 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 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 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 semi-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 the intent of the Frederick County Comprehensive through to other parcels to meet 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 pernutted 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 line shall obtain a maintenance easement from the adjoining parcel that is a min -num 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 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. 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=97130), 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-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 that is to be 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 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 Marshal to ensure appropriate emergency access for all land uses permitted under § 165-IOIA and 165-IO1B. 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(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 165:132 06-15-2007 § 165-102 ZONING § 165-102 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 buffet 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(I1), 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'- 15 - 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 9-12-2001] AGE -RESTRICTED COMMUNITY — A designated area of at least 250 acres in size within a residential recreational community development which isi 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 4-23-2003] AGRICULTURE and FAFMING — 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 ,yy Changes in red italics endorsed by the DRRS on February 28, 2008 ARTICI.,E XIII MS (Medical Support) District [Added 9-12-20012o] § 165-96. Intent. AY T ACIIMENT 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 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: 1 0 T!�.+ L j ."._. J`, AT, 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 Operators buildings 6411 651-2 of nonresidential 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 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 2 (4) (5) }}mo�i7 , 4,� _ i..� 'i l�li�i_.lIV S i i_i ) + _ l�% r..,_1l _:�. �l .T+A. it a '`)i`5 1 1;1i�-� 1 , , 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 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: 5049 Social services offices 512 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 Operators of apartment buildings 6513 Operators of dwellings other than apartment buildings 6514 3 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 3 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: On-site utility systems (As defined) Telecommunications towers and facilities (As defined) Warehousing, medical and allied health services (As defined) Wellness centers (As defined) §165-97.1. Conditional Uses. A. Continuing Care Retirement Communities (as defined), provided that the following conditions are met: 1. All Continuing Care Retirement Communities must be within a two inile radius of the Route 50 West and Route 37 Interchange, in recognition of the significance of the District to the Winchester Medical Center. 2. Maximum residential density shall not exceed ten units per acre provided the following: (a) Single family detached and single family attached residential structures leaving 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. M 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) §165-97.1. Conditional Uses. A. Continuing Care Retirement Communities (as defined), provided that the following conditions are met: 1. All Continuing Care Retirement Communities must be within a two inile radius of the Route 50 West and Route 37 Interchange, in recognition of the significance of the District to the Winchester Medical Center. 2. Maximum residential density shall not exceed ten units per acre provided the following: (a) Single family detached and single family attached residential structures leaving 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. M .'kL S;1" P 1:". i 3. The Continuing Care Retirement Community must consist of residential units which provide all of the following for its residents: independent living, congregate care -assisted living and nursing home care. 4. Occupancy of the dwelling units is restricted to older persons (as defined), with the following exceptions. (1) The spouse of a resident, regardless of age; or (2) Resident staff necessazy 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. 6. Residential Uses within the Continuing Care Retirement Community may consist of the following: (a) Standard Industrial Classification (SIC) Operators of apartment buildings 6513 Operators of dwellings other than apartment buildings 6514 Nursing and personal care facilities 805 Residential care facilities 836 (b) Independent living (as defined) may consist of any of the following residential structures: single-family small lot, duplex, multiplex, atrium house or garden apartments. (c) Home Occupations (as defined). § 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. G 7 (.. � c i .pit i��d� � .^l+_. iL•_-: �,_ ,_ ✓ ., 1 _a�_ , — !.i i'C. iii ,), 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, aPA may be rezoned to the MS District. C. The Planning Gammissie 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) Detached and semi de4ae oa 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 4-50 230 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 4-00 130 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 and conditional 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. Structural 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 conditional residential uses 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. 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 obtain be provided with a maintenance casement ffem 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. VA t. __ ._.i ♦Ji�1 17. !!�. NEi'e.?i L.a E. 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 2-5- 20 feet from any urban collector street and 15 feet from any urban local street. § 165-101. Wight 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 clevelopment 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 § 165-101A 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 8 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 9 Ili-, 7.y-r_;.,1��> .. 4 i'^ i I i ,i T �'-'�--,..,1,_ i - 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 frons 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. Al 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. 10 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 pefmit4adto enEompas, 20'% of the wall—aT-ea !a whieh they are &Raohed, pfevided 4iat the total area of the wall meupAed sign does not exeeed 200 ssquare feet. conform to §165-30H(l) of the Frederick County Zoning Ordinance. D. All business signs shEd! be set baek a ffiffiffflum af 10 feet from all ufban eelleete feet between business .Sign setbacks shall conform to §165-30E of the Frederick County Zoning Ordinance and sign spacing shall conform to X5165-3017 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. 11 C7 i i ATTACHMENT 3 PROPOSED DEFINITIONS Continuing Care Retirement Community — A housing development on one parcel of land that meets the requirements for housing for older persons (as defined by the Code of Virginia) 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. 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 above. 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 63.2-1800, 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 facility serving infirm or disabled persons between the ages of 18 and 21. P 1EVISION'SJ THE MEDICAL i)`" t S I _ E arcxF 3, = 7 RE tS f�,j i.' _., R, ',. � f....,f ..i._ ...... 1a_.J-�;_ ',�._:.� 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 data service Product sterilization services [Added 8-24-2004] 7389 Hearing aid repair and medical equipment repair, electrical 7629 Dental instrument repair, laboratory instrument repair, 7699 medical equipment repair, except electric, microscope repair, 2 (4) (5) ��XN��_7_.4�� t:) 7 1..f D CA. 1`fjT'1a4—IRT DSSt.R,_�.,. aS;:�C' �.. 20") R optical instrument repair, scientific instrument repair, except electric and surgical instrument repair Physical fitness facilities 7991 Meinbership sports and recreation clubs '799'7 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: 5049 Social services offices 512 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, medical 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, 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 3 .x i 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: On-site utility systems (As defined) Telecommunications towers and facilities (As defined) Warehousing, medical and allied health services (As defined) Wellness centers (As defined) § 165-97.1. Conditional Uses. A. Continuing Care Retirement Communities (as defined), provided that the following conditions are met: 1. All Continuing Care Retirement Communities must be within a two mile radius of the Route 50 West and Route 37 Interchange, in recognition of the significance of the District to the Winchester Medical Center. 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. 4 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) § 165-97.1. Conditional Uses. A. Continuing Care Retirement Communities (as defined), provided that the following conditions are met: 1. All Continuing Care Retirement Communities must be within a two mile radius of the Route 50 West and Route 37 Interchange, in recognition of the significance of the District to the Winchester Medical Center. 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. 4 1K l E p l y k'� 4 3. The Continuing Care Retirement Community must consist of residential units which provide all of the following for its residents: independent living, congregate care -assisted living and nursing home care. 4. Occupancy of the dwelling units is restricted to older persons (as defined), 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. 6. Residential Uses within the Continuing Care Retirement Community may consist of the following: (a) Standard Industrial Classification (SIC) Operators of apartment buildings 6513 Operators of dwellings other than apartment buildings 6514 Nursing and personal care facilities 805 Residential care facilities 836 (b) Independent living (as defined) may consist of any of the following residential structures: single-family small lot, duplex, multiplex, atrium house or garden apartments. (c) Home Occupations (as defined). § 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. 5 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. 0 r 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 and conditional 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 conditional residential uses shall have a minimum front yard setback of 25 feet from any public urban Iocal 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 he 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 7 1._.....'[}r,Vi.>r' IJ 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 -IOTA and 165-101B 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 165-10113. 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. 8 g �V i,i3ry� �s � k. " I i:�` 3'. § 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. 0 (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. Al 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 10 _.:_. rrte�, ;`; 4 �x a .f - r `> i`�l_: t 7. .'�:.s t. i :.,€� , _e:`_ ;t_. _.z� ;'s_i I t �...Y?-w-, i;S t'� t, ... NI., (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. 11 COUNTY of FREDERICK TTDepartment of Planning and Development MEMORANDUM ii�EMORAD rU M 540/665-5651 FAX: 540/665-6395 TO: Frederick County Planning Commission FROM: Eric R. Lawrence, AICP, Planning Director SUBJECT: Discussion — Strategic Planning Policy DATE: March 6, 2008 During the morning session of the 2008 Planning Commission Retreat, a number of strategic planning and thought provoking questions were posed. At the Commission's March 19, 2008 regular meeting, staff will lead a discussion in an effort to continue this strategic thinking and planning exercise. In preparation for the discussion, staff would offer these thoughts: Does Frederick County have, or need, policies dealing with the following issues: • Is the County prepared for the future growth pressures? (Driven by our assets of location and quality of life)? • What time -span should the Comprehensive Policy Plan cover? • Do we have a targeted rate of growth for residential units per year? • How many residential units should be in pipeline to meet goal of annual rate of growth? • Is the 25%, Commercial and Industrial Tax Base an official policy, or a practiced target? • If transportation is critical, should we base land use planning around major corridors? These questions and others will be utilized to lead a discussion on our future planning efforts. Please contact me should you have questions. C 1= 4 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Strategic Planning and Work Program Priorities Does Frederick County have, or need policies dealing with the following issues: Is the County prepared for the future growth pressures? (Driven by our assets: Location and Quality of Life) What time -span should the Comprehensive Plan cover? Table of Contents Goal rate of growth for residential units per year? How many residential units should be in pipeline to meet goal annual rate of growth? If limits are set, can future approvals be tied to population growth rates? Planning Priorities Strategic Planning and Work Program Priorities Does Frederick County have, or need policies dealing with the following issues: Goal for rentals /apartments Do we have a policy regarding as a percentage of total development phasing? residential units per year? Goal for age -restricted housing as a percentage of total residential units per year? Table of Contents How many projects have administrative approval but remain developed after 3+ years? Planninz Priorities Strategic Planning and Work Program Priorities Does Frederick County have, or need policies dealing with the following issues: Is the 25% Commercial and Industrial Tax Base an official policy, or a practiced target? If transportation is critical should we base land use planning around major Table of Contents Should we use transportation as a guide for UDiA expansion requests? What policies guide our access management? Planning Priorities