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PC 05-21-08 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia May 2:1, 2008 7:00 P.M. CALL TO ORDER 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission shouldadopt the Agenda for the meeting................................................................ (no tab) 2) April 2, 2008 Minutes...................................................................................................... (A) 3) Committee Reports....................................................... ............ (no tab) ............................... 4) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 5) Ordinance Amendment — Amendment to Zoning, Chapter 165, Article XIII MS (Medical Support) District to allow Continuing Care Retirement Communities (CCRC) in the MS Zoning District. Mrs. Perkins..................................................................................................................... (B) COMMISSION DISCUSSION 6) Urban Development Area (UDA) Boundary Clarification at Stonewall Industrial Park Mr. Ruddy........................................................................................................................ (C) 7) Update on Comprehensive Plans and Programs Subcommittee (CPPB) Organization Mr. Ruddy•....•.................................................................................................................. (D) 8) Other FILE, COPY • • �7 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on April 2, 2008. PRESENT: June M. Wilmot, Chainnan/Member at Large; Roger L. Thomas, Vice Chainnan/Opequon District; Richard C. Ours, Opequon District; Christopher M. Moln1, Red Bud District; Gregory S. Kerr, Red Bud District; Richard Rucknnan, Stonewall District; Gary R. Oates, Stonewall District: Cordell Watt, Back Creek District; Greg L. Unger, Back Creek District; H. Paige Manuel, Shawnee District; Lawrence R. Ambrogi, Shawnee District; Gary Lofton, Board of Supervisors Liaison; and Roderick Williams, Legal Counsel. ABSENT: Charles E. Triplett, Gainesboro District; George J. Kriz; Gainesboro District STAFF PRESENT: Eric R. Lawrence, Planuning Director, Michael T. Ruddy, Deputy Director; John A. Bishop, Deputy Director -Transportation; Mark R. Cheran, Zoning &. Subdivision Administrator; Candice E. Perkins, Senior Planner-, and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Conuiussioner Thomas and seconded by Commissioner Ours, the Planuning Commission unanimously adopted the agenda for the April 2, 2008 meeting. MINUTES Upon motion made by Conunissioner Ours and seconded by Conirussioner Thomas, the meeting minutes of February 20, 2008 were unanimously approved as presented. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) — 03/27/08 Mtg. Commissioner Thomas reported the DRRS discussed two items: 1) the Business Overlay District; the DRRS made some final revisions and modifications to the proposed ordinance wlich will be coming to the Planning Con unission soon; 2) the Rural Preservation Subdivision Ordinance; there were some requested changes; however, the DRRS did not reach unanimity of opinion and further discussion will be necessary before Frederick Count}, Pla using Conimission Minutes of April 2, 2008 Page 2222 U the DRRS achieves a consensus. SIC-NAICS Work Group Conunissioner Oates reported that the SIC-NAICS Work Group finished the B3 (Industrial Transition) District section and started the M 1 (Industrial Limited) District section for converting codes over from SIC to NAICS. He said the work group reviewed the intent of the district and briefly began examining the uses. Conservation Easement Authority (CEA) Conunissioner Watt reported that Frederick Comity has been appropriated $265,000 through the State of Virginia for the Conservation Easement Program. He said the CEA has 60 days to forward infonnation to the Board of Supervisors. with the deadline of April 25, 2008. After that, there are 30 days to determine where the matching funds will come from. Conunissioner Watt said that after the 90 -day period, the CEA has two years to determine where the money Evill be used. Conmussioner Watt said the CEA is also working with the staff on incorporating all of this infonnation within the Comprehensive Policy Plan. He said if anyone has any questions, please contact the Chairman, Diane Kers. CITIZEN COMMENTS Chairman Wilmot called for public continents on any subject not on the Conunission's agenda this evening. No one came forward to speak. PUBLIC HEARING Rezoning Application 402-08 of Grove's Winchester Harley Davidson, submitted by Potesta & Associates, Inc., to rezone 0.2934 acres from the RA (Rural Areas) District with proffers to the B2 (Business General) District with proffers to accommodate a parking expansion. The property is located at the corner of Independence Drive (Rt. 1092) and Millwood Pike (Rt. 50). The property is further identified with P.I.N. 64 -A -159T in the Shawnee Magisterial District. Action — Reeonwlended Approval with Proffers Commissioner Ambrogi, Shawnee District, declared owning stock in Harley Davidson, but said he was not cormected either financially or personally with the Grove's Winchester Harley Davidson, other than the purchase of motorcycles. Commissioner Ambrogi said he would participate in the discussion and voting on this rezoning with that precautionary declaration. Frederick County Planning Con-Imission Minutes of April 2; 2008 Page 2223 -3 - Senior Planner, Candice E. Perkins, reported that the Grove's Winchester Harley Davidson rezoning application is a request to rezone 0.2934 acres of an 828 -acre tract of land from the RA (Rural Areas) District to the B2 (Business General) District with proffers to accommodate a parking lot expansion at the existing facility on Independence Drive (Rt. 1092). She said the site is within the Frederick County Eastern Long - Range Land Use Plan of the Comprehensive Policy Plan and is intended for commercial uses_ The proffer statement indicates that the .2934 -acre portion will be limited to off-street parking and access to the area will be limited to the existing Harley-Davidson entrance on Independence Drive. Convnissioner Unger asked for clarification of the acreage. Ms. Perkins replied that the entire site is 8.295 8 acres: the rezoning is only for the 0.2934 acres in the western comer which is currently zoned RA (Rural Areas). Mr. Taz Shultz; Counsel for Grove's Winchester Harley Davidson, introduced himself and Mr. Jonathan Sletner of Potesta & Associaties, the engineers and enviromnental consultants. Mr. Shultz and Mr. Sletner were available to answer questions from the Commission. Chairman Wilmot opened the public comment portion of the hearing. No one came forward to speak and Chairman Wilmot closed the public continent portion of the hearing. Commissioner Manuel asked the Commission's legal counsel, Mr. Roderick Williams, if he had any issues or concerns with the application. Mr. Williams said that his initial concerns were resolved after reviewing the full rezoning application included in the Commission's agenda. Upon motion made by Convnissioner Manuel and seconded by Conmiissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application 402-08 of Grove's Winchester Harley Davidson, submitted by Potesta & Associates, Inc., to rezone 0.2934 acres from the RA (Rural Areas) District with proffers to the B2 (Business General) District with proffers to acconunodate a parking expansion. (Note: Commissioners Triplett and Kriz were absent from the meeting.) Rezoning Application #03-08 of Winchester Regional Airport Authority to rezone property to the RA (Rural Areas) Zoning Classification, as follows: 0.21 acres of 1.29 acres, PIN #64 -A -39A, from M1 (Light Industrial) District; 21.11 acres, PIN #64 -A -40B, from M1 District; and 15.92 acres of 229.05 acres, PIN 964-A-79, from R4 (Residential Planned Community) District. A total of 37.4 acres is to be rezoned to the RA District. These properties are located on the north side of the Winchester Regional Airport and on the south side of the airport, adjacent to Airport Road (Rt. 645) and Bufflick Road (Rt. 776), within the Shawnee Magisterial District. Action — Recommended Approval Deputy Plamung Director, Michael T. Ruddy, reported that this request is basically a clean-up effort by the Winchester Regional Airport. Mr. Ruddy said that over time, the Winchester Regional Airport has grown, just like the rest of the community, and to acconunodate; the Airport Authority has purchased additional property and portions of adjacent property from adjacent landowners, which can be expected into the future. Mr. Ruddy said this application represents a desire of the airport to have a consistent zoning designation for their property and ultimately, to consolidate into one consistent property. He said the properties are located within the Frederick County Planning Commission Minutes of April 2, 2008 Page 2224 -4 - county's Sewer and Water Service Area (SWSA) and the Airport Support Area; therefore, the land use is consistent with the county's long-range land use plan. He, added that this will provide consistency with the airport for their operations and future development. The Executive Director/ Manager of the Winchester Regional Airport, Serena "Renny" Manuel, stated this rezoning application is a clean-up effort. In addition, she said future development of hangers would require less of a setbackFroin the road and give them more development room. Chairman Wilmot opened the public hearing and called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the meeting. Comnussioner Thomas asked staff if there would be any impacts on adjacent businesses by rezoning this area to RA, such as requiring those businesses to provide additional buffering and screening. Mr. Ruddy replied the rezoning would not have an impact. Upon motion made by Comiuissioner Manuel and seconded by Coil i issioner Ambrogi, BE IT RESOLVED, that the Frederick County Planning Connnission does hereby unanimously reconunend approval of Rezoning Application #03-08 of Winchester Regional Airport Authority to rezone property to the RA (Rural Areas) Zoning Classification, as follows-. 0.21 acres of 1.29 acres, PIN 464 -A -39A, from Ml (Light Industrial) District; 2 1.1 1 acres, PIN 464 -A -40B, from M 1 District; and 15.92 acres of 229.05 acres, PIN #64-A- 79, from R4 (Residential PIaimed Conununity) District. A total of 37.4 acres is to be rezoned to the RA District. PUBLIC MEETING Rezoning Application 09-07 of Clearbrook Property, submitted by German Engineering, to rezone 14.53 acres from RA (Rural Areas) District to B2 (Business General) District, with proffers, for commercial uses. The property is located on the west side of Route 11, approximately 2,200 feet north of Hopewell Road (Interstate Exit 321) and south of Cedar Hill Road (Rt. 671). The property is further identified with P.I.N. 33-A-125 in the Stonewall Magisterial District. Action — Reconnnended Denial Conunissioner Oates said he would abstain from all discussion and voting on this application due to a potential conflict of interest. Deputy Planning Director; Michael T. Ruddy, reported that this application was tabled by the Planning Convnission on J anuary 2.2008 for 90 days due to a variety of transportation concerns and issues. Mr. Ruddy said the applicant provided a revised proffer statement which has eliminated gas stations as an allowed use and added language to provide water and seNver easements to the adjacent properties to the north on Cedar Hill Road. He said the transportation proffers have also been modified to broaden the application of the monetary contribution for transportation improvements and provides the potential for additional contributions to be made based upon future trip counts. Mr. Ruddy commented that as noted previously, such an approach is undesirable, complicated, and still does not address the potential transportation impacts generated by the request. In summary_ Mr. Ruddy stated that the rezoning request remains consistent with the land use designation of the Comprehensive Policy Plan, but still fails to mitigate and address the transportation impacts associated with this particular request as identified in the applicant's TIA (Transportation Impact Analysis). Frederick County Planning Commission Page 2225 Minutes of April 2, 2009 ) ®ru -5 - Deputy Director -Transportation, Jolui A. Bishop; referred to a letter ul the Conunission's agenda packet, dated April 6, 2007, from himself to Mr. Claus Bader of German Engineering, PLC, representative for the applicant, which highlighted a number of the transportation issues associated with this application. Mr. Bishop said no modifications have been made to the TIA to this point. He then proceeded to discuss specific areas where degradation in the level of service (LOS) was expected to occur below "C" and at "D" for the p.m. peak hour. He also explained the staff s concerns with the applicant's "trip cou nC' proffers because of the beauracracy that would be created by placing the staff in a "watch dog" position to regularly generate and monitor trip count reports at the site. Mr. Bishop said the trip counts for the Clearbrook project are similar to those of a previous rezoning in this vicinity, the Sempeles property; however, far more transportation improvements were proffered with the Sempeles rezoning and he proceeded to describe those improvements to the Commission. Commission members had specific questions about how the background traffic numbers were generated for the applicant's TIA and if previously -approved projects were included. There was concern the applicant's TIA could be missing 20,000 tpd which could be realized by 2010-2012. Commission members inquired if any recent input was received from VDOT about the TIA and, in addition, what VDOT's plans were for widening Route 11. Staff replied that both VDOT and the County intend for Route 1 I to be a four -lane divided roadway with six lanes south of FEMA, although it's not a part of the six-year plan at this time. Staff said no funds are available; liowever, the improvements can be pursued in the interim, Nvhen land use actions occur, such as making sure the right-of-way is available. Mr. Ben Butler, attorney representing the applicant, introduced himself and Mr. Claus Bader of German Engineering, the project engineer. Mr. Butler said one of their assigmnents from the last Planning Commission meeting was to meet with surrounding homeowners for input; he said those homeowners basically had four points: the first was the homeowners' desire to have sewer and water extended to their properties. Mr. Butler said the applicant has included this in the revised proffer, as well as the condition that three drainfields will be closed down. The second item was for full access to the inter -parcel connection, which has also been provided within the proffer. Mr. Butler said the adjoining tracts will be allowed to access the north -south connector so only one entrance would come out onto Route 11. He added that the homeowners wanted full screening and this has also been addressed with additional landscaping and buffering. Mr. Butler stated the final issue raised by the majority of property owners at the meeting was their opinion that the developer was going to make considerable profit with this project and they believed the developer should pay for the rezoning of the homeowners' properties including proffers. Mr. Butler said this would not be economically viable for this applicant. lin addition, there is a legal difficulty involved in trying to convert the area to B2; he said all of the property owners would have to agree to rezoning because this is a residential subdivision and the primary restrictive covenant ul the Deed of Dedication states, "no lot shall be used except for single-family residential purposes." Mr. Butler next presented a report which compared the proffers and TIA reports of various similarly -sized projects in the area, such as the Clearbrook Business Center, approved by the Board in March of 2006, the Clearbrook Commercial Center, approved in March of 2007, and the Easy Living project in May of 2007. He said the Sempeles rezoning was not included because it was quite a bit larger than this project. Mr. Claus Bader with German Engineering, the project engineer, came forward to address comments regarding background traffic. Mr. Bader said the TIA for their project was completed and submitted for review prior to the Rutherford Fann project. He said based on their discussions with VDOT, they did not go back to amend the TIA solely to show something failing at a "double F;" he said this is why some of the background counts did not get updated. Mr. Bader said two things have occurred since their TIA was completed in August 2006. Mr. Bader stated it was the suggestion of the Plarming Conunission to place the "stair -stepped" cash proffer based on vehicle counts within their proffer. He said he relaxed the language so the money could be used by the County in other areas instead of just the signalization. Regarding the issue at Rest Church Road with the additional turn lane; lie said upon discussions with Mr. Sempeles, it appears the right-of-way is available. Frederick County Planning Conn-nission Minutes of April 2. 2008 Page 2226 Q. Mr. Bader next reviewed the traffic counts in the TIA with the Commission. He said the numbers were based on retail use with worse -case scenario figures because they did not yet have identified users, other than plans for a 100 -room hotel. He described possible retail uses and corresponding square footages and calculated approximately 5,000 tpd versus the 12,000 indicated in the TIA_ He said even if they used more of their allowable building space, they would still be below the 12,000 tpd at about 9,700 trips; he was hard-pressed to think of anyplace in the County that would generate this amount of traffic. In conclusion, Mr. Bader said when areas for drainfield easements and buffers are considered, the applicant was left with about eight acres of developable land out of a 14 -acre site. Mr. Bader added that the adjoining homeowners were not in favor of paying the tap fees for water and sewer; he noted a 4'/ to 5 -acre piece around the drainfields which would be off limits for the tulknown future. Commissioner Unger stated that if the drainfields had legal easements at the time the property was purchased and if the applicant wants to use the area for development reasons, then the applicant should pay the homeowners' tap fees. He said the developer will begetting four acres he didn't have at the tune of purchase. Chairnlan Wilmot next opened the public comment portion of the meeting and the following persons came forward to speak: Ms. Elaine Magee, an adjoining property owner in the Stonewall District, was opposed to the rezoning. Ms. Magee said the transportation issues have not been adequately addressed and she made the following points: four lanes have been proposed for Route 11, but there is no time frame for construction; widening of Route 11 will more than likely take some of her land, there are no plans for improving the Hopewell and Brucetovvn intersection; there is no connectivity to the applicant's property except by Route 11, one traffic scenario has the traffic signal almost in front of her property- when there is a traffic accident on I -S 1, the traffic is detoured onto Route 11 and she has difficulty getting out of her driveway; and she questioned the extent of that congestion with additional retail development behind her. Ms. Magee said the water and sewer issue has not been adequately addressed. She said she has a well and septic system, but the drainfield is on the applicant's property. She did not think she should be expected to bear the expense of a sewer hookup to her property line and to her house so the land behind her can be developed. Ms. Magee said the developer needs to address this and should pay the entire expense in order to develop his properly. She said this development will affect her quality of life; however, since the housing market is down, this rezoning will make it difficult for her to sell her house. She believed this project will devalue her property. She said that after Comprehensive Planning came along, it did not take long for properties around her to change. The cost to rezone her property and all that goes with it is not something she wanted to tackle. She requested that the Planning Commission deny this application. Mr. William Carter came forward to speak on behalf of Mr. Robert O. Widdows, an adjoining property oNvner who is out of the country on business. Mr. Carter said the concerns of Mr. Widdows include the following: water and sewer right-of-ways; an additional $10,000 will be needed to take the water and sewer line from the property line to his house; the piecemeal nature of the application with no generalized development plan showing scope. scale, lighting, or design; wu-esolved transportation issues: and only three uses, out of 400 B2 uses, have been proffered out. He said it was Mr. Widdows request that the Connmission deny the rezoning application. Mr. Mark Regan, an adjoining property owner to the north on Cedar Hill Road, said he reviewed copies of other rezoning applications dating back to 2006, and he found this rezoning application package to be inferior to the others. He said nothing in the application has changed since the previous meeting. Mr. Reganwas not in favor of the rezoning and he asked the Con-umission to deny the application. Frederick County Planning Commission Minutes of April 2. 2008 Page2227 -7 - No one else wished to speak and Chairman Wilmot closed the public comment portion of the meeting. Mr. Butler returned to the podium and said he agreed with Conunissioner Unger's comments regarding the drainfield areas and the applicant would amend the proffers and agree to pay the water and sewer connections for the homeoNvmers. Mr. Ruddy returned to the podium and stated that the TIA demonstrates where impacts are being observed and shows which improvements are necessary to mitigate those impacts; he said the proffers are the mechanism in which to reach those goals. Withal] things considered, Mr. Ruddy w=anted to reiterate the County's position of concern that transportation impacts in this particular location fail to be fully addressed. Conunission members expressed the need for a fair way for applicants to determine how much money they are expected to contribute towards transportation impacts. They did not expect a 14 -acre rezoning to fix all the Route I 1 problems, but there were no guidelines for deciding if the applicant was contributing a fair portion. It was pointed out that this area is slated for commercial use. Other Commissioners did not foresee a solution to fixing Route I 1 at any time in the near future. A comment was made that either the developers will be penalized in the interim \vhile waiting for the traffic situation to be improved or, the local residents will be penalized by using unimproved roads everyday while development is taking place. A Conunissioner made the suggestion that the applicant consider phasing the development to mitigate impacts because until the septic fields are removed, probably a third of the site is not developable. Members of the Comm -fission said they could not support the rezoning in its current fon-n. Conunissioner Ruckman stated that this applicant has still not mitigated the impacts associated with the rezoning or addressed the transportation improvement concerns raised in the TIA. In addition, the project will not provide a LOS of "C" or better at the two major intersections on Route 11. Conunissioner Ruckman made a motion to recommend denial of the rezoning application. This motion was seconded by Commissioner Thomas. Conunission members questioned whether the applicant had been provided with sufficient guidance on how to fix the problems that were raised. Chairman Wilmot said although the Cornmission is hopeful that solutions will arise in the future. there are no solutions here today. She said solutions will be closer to being fulfilled when the Development Impact Model (DIM) includes transportation as a component. Mr. Bishop commented that the Board of Supervisors authorized the expenditure to make this specific update to the DIM. Mr. Bishop was hopeful it would be ready with the next adoption date of the DIM, which is scheduled for June of 2008. BE IT RESOLVED, that the Frederick County Planning Conunission does hereby unanimously recommend denial of Rezoning Application 409-07 of Clearbrook Property, submitted by German Engineering, to rezone 14.53 acres from RA (Rural Areas) District to B2 (Business General) District, with proffers, for commercial uses. (Note: Commissioner Oates abstained from voting; Commissioners Triplett and Kriz were absent from the meeting.) Frederick County Planning Commission Minutes of Apri112008 Page 2228 Master Development Plan 902-08 of Westfield Business Park, submitted by Greenway Engineering, for commercial uses on the west side of Martinsburg Pike (Route 11), approximately 600 feet north of the Martinsburg Pike/ Old Charles Town Road (Rt. 761) intersection. The properties are further identified with P.I.N.s 44-1-B, 44B-1-2, 44B-1-3, 44B -1-3A, 44B-1-4, and 44B-1-6 in the Stonewall Magisterial District. Action — Recommended Approval Senior Plainer, Candice E. Perkins, reported that this master development plan (MDP) is an application proposal to develop six properties, totaling approximately 19 acres, zoned B2 (Business General) and B3 (Industrial Transition), with up to 120,000 square feet of conunercial land uses. She noted the properties were rezoned in 2007 with proffers. Ms. Perkins said access will be off Martinsburg Pike via two entrances; the primary entrance is a new public road, Westfield Drive, and the second is a commercial entrance on Martinsburg Pike. She said with the rezoning, the applicant had proffered to construct a new 12 -foot lane on Martinsburg Pike along the frontage of their property, as well as entering into a signalization agreement with VDOT for their entrance. The applicant is providing a ten -foot asphalt pedestrian path along the frontage of Martinsburg Pike, along with relocating the existing mobile home park entrance and providing buffers as shovvn on the plan. Ms. Perkins said the MDP is consistent «with the requirements of the zoning ordnance, as well as the proffers of the rezoning, and all staff concerns have been addressed. Commissioner Thomas observed the site appeared to be 80% wooded; he asked if the applicant had made any conunitnnents to using the existing vegetation for screening and buffering. Mr. Evan A. Wyatt with Greenway Engineering, representing the Westfield Business Park- applicants, arkapplicants, said the site remains in a wooded condition. Mr. Wyatt said this is a thick vegetative area and they believed there would be greater benefit by keeping the existing vegetation; lie said during the proffer phase of their rezoning application, they committed to keeping the existing vegetation and also supplementing it with evergreen trees. Chairman Wilmot next called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the meeting_ Upon motion made by Commissioner Ruckrnan and seconded by Conunissioner Ours, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #02-08 of Westfield Business Park, submitted by Greenway Engineering, for commercial uses on the west side of Martinsburg Pike (Route 11). approximately 600 feet north of the Martinsburg Pike/ Old Charles Town Road (Rt. 76 1) intersection in the Stonewall Magisterial District. COMMISSION DISCUSSION UPDATE OF THE ROUTE 277 TRIANGLE & URBAN CENTER LAND USE STUDY PUBLIC PARTICIPATION MEETINGS Deputy Planning Director, Michael T. Ruddy, reported that on Tuesday, March 18, 2008, a public meeting was held at Sherando High School to engage the community in the Route 277 area and to seek their participation in the Route 277 Triangle and Urban Center Land Use Study. Mr. Ruddy said the meeting was Frederick Countiv Planning Conmission Minutes of April 2, 2008 Page 2229 held in the school library and was attended by 112 members of the general public. He said the level of participation was extremely high and proved to be enormously valuable to the overall study effort. In addition, considerable information has been received through the County's website and has been very constructive. Mr. Ruddy proceeded to update the Conunission on four general themes that carne from the public input received. T hose general themes focused on taking care of existing infrastructure, particularly the existing Route 277 and the transportation improvements associated with it; the urban center north of Sherando High School, as well as growth at the high school; concern about the impacts to property assessments; and recognition of and compatible development around the Tasker Woods Natural Resource Area. Mr. Ruddy then spoke about steps towards implementation and continuation of the process. REVISIONS TO THE PLANNING COMMISSION BYLAWS AND ROLES & RESPONSIBILITIES Plamling Director, Eric R. Lawrence, reported that the Planning Cor miission's Bylaws Committee has recommended minor revisions to the Commission's Bylaws and associated Roles and Responsibilities. Mr. Lawrence said these proposed revisions were presented for an initial review by the Plaiutuig Conunission during the March 5, 2008 regular meeting. The Planing Commissions Bvlaws state that, "the bylaws may be amended by a majority vote of the entire voting membership after 30 days prior notice." He said iui recognition of the 30 -day notice period beginning on March 5, the revisions are being presented to the Plauluig Conunission this evening with the opportunity for adoption. Mr. Lawrence reviewed the proposed revisions with the Conunission, Nwhich included: restructure of the Planning Conunission subcommittees; clarification regarding weather cancellation of a regularly -scheduled Plaming Conunission meeting; establishment of a deadline by which revised proffers may be submitted for consideration by the Plaining Conunission: establishment of a Ali -day tabling time frame; and expansion of the opportunity to utilize a staff briefing/ Niork session. He pointed out on Page 2 of d of the Roles and Responsibilities, the language should read, "For either a briefing or a work session, the applicant should attend, but will not have an active role." Mr. Lawrence said the sword, "should", replaced the word, "may" as requested by the Commission at their earlier meeting. In addition, Mr. Lawrence said if the Commission chooses to adopt the Bylaws and Roles and Responsibilities, it would be appropriate to identify and select the weather cancellation date. Upon motion made by Commissioner Ours and seconded by Commissioner Mohn, BE IT RESOLVED, that the Frederick County Planning Conunission does hereby unanimously adopt the Planning Commission's Bylaws and Roles and Responsibilities with revisions as presented. Chairman Wilmot selected the Thursday after the Wednesday regular meeting as the weather cancellation date for Planning Commission meetings. (Note: Commissioners Triplett and Kriz were absent from the meeting.) Frederick County Planning Commission Minutes of April 2-.2008 Page 2230 OTHER Commissioner Thomas asked the staff about the status of codlAting TIA (Traffic Impact Analysis) preparation along with written guidance instructing applicants on how to proceed. Deputy Director - Transportation, Jolui Bishop; replied that VDOT was in the process of developing their own TIA standards and the staff first wanted to sec what VDOT established. Mr. Bishop said the staff is now currently in the process of creating its own policy for TIAs, which would be referenced in the County Code. Mr. Bishop spoke about the staffs intent of addressing the issue involving LOS (Level of Service) below "F" with existing or background traffic. Commissioner Thomas referred to the Clearbrook Rezoning and the fact that the applicant's TIA did not present an accurate picture of what will happen in 2010. He said the interpretation will fall on the staff to be able to explain to the Board of Supervisors why the applicant's TIA and application are not truly representative. The discussion next moved to the issue of outdated TIAs. especially when applications are postponed or tabled. A Commission member suggested the applicants be required to submit an addendum to the TIA, to avoid having to conduct all new traffic counts. Planning Commissioners thought it was appropriate to have reasonable expectations for addendunns over time to make sure everyone is dealing with the most current information. CPEAV LAW SEMINAR Chairman Wilmot reminded everyone of an upcoming CPEAV (Citizens Planning Education Association of Virginia) Planning and Zoning Law Seminar on May, 16, 2008. She said if anyone is interested in attending to contact the Planning Staff. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 8:40 p.m. by a unanimous vote. Respectfully submitted, June M. Wilmot, Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Minutes of April 2, 2008 Page 2231 • 0 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 EMORA"NU M FAX: 540/665-6395 To: Frederick County Planning Commission From: Candice E. Perkins, AICP, Senior Planner 01/ / Subject: Public Hearing — Addition of Continuing Care Retirement Communities (CCRC's) in the MS (Medical Support) Zoning District. Date: May 5, 2008 On November 14, 2007, the Board of Supervisors adopted the revised Round Hill Land Use Study as an element of the Comprehensive Policy Plan. The revision to the Round Hill Plan was in response to CPPA Application #05-06 for --the National Lutheran Home so -that they could construct a Continuing Care Retirement Facility (CCRC) on the property. The revisions to the plan included expanding the Sewer and Water Service Area (SWSA) on the northern side of Route 50 West as well as the addition of a commercial designation intended to support medical uses over the subject area. A continuing care retirement community is a senior housing development that is planned, designed and operated to provide a full range of accommodations for older persons, including independent living, congregate care facilities, assisted living facilities and nursing home (skilled -care) facilities. The Round Hill Plan calls for a commercial designation which would support a MS District rezoning over the area that is proposed to be developed by the National Lutheran Home in the future. Currently, a CCRC would be a permitted use in the RP (Residential Performance) Zoning District but would not be permitted in the MS (Medical Support) Zoning District. The MS District, as it is written today, would permit residential units that are intended to support hospitals, medical centers, medical offices, clinics, and schools of medicine. The residential units that would be part of the CCRC currently are not allowed in the MS District. The intent of this ordinance amendment is to introduce CCRC's as a permitted use in the MS District. The amendment also includes other minor changes to the MS district regulations, as well as the introduction of new definitions to correspond to the CCRC. The Development Review and Regulations Subcommittee (DRRS) first considered this item at their meeting on January 24, 2008 and there were concerns regarding the distance requirement, ownership of the units, entrance spacing, as well as other minor text issues. The proposed amendment was revised to address the concerns and reviewed again at the February 28, 2008 DRRS meeting and was endorsed with a few minor revisions. The Planning Commission discussed this amendment at their March 19, 2008 meeting and was supportive of the changes. Members of the Board of Supervisors were sent copies of the proposed ordinance amendment. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Frederick County Planning Commission Re: MS Revisions — Public Hearing May 5, 2008 The attached documents show the existing ordinance, the changes to the ordinance and the proposed definitions supported by the DR.RS and the PC (with, strikethroughs for text eliminated and bold italic for text added) and a clean version of the proposed text as it is proposed to be adopted. A recommendation from the Planning Commission on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Existing Ordinance. 2. Existing Ordinance with proposed deletions shown in blackline and additions shown in bold italics. 3. Proposed Definitions. 4. Proposed Ordinance (clean version). CEP/bad § 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. ATTACHMX T I § 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. § 165-9S. 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 XVIH 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 ZONING § 165-97 Standard Industrial 165:127 06- IS- 2007 Classification Allowed Uses (SIC) Eating places 5812 Drug stores and proprietary stores 591 Bookstores 5942 Stationary stores 5943 Gift shops, greeting card shops, and balloon shops 5947 Florists 5992 News dealers and news stands 5994 Optical goods stores 5995 Orthopedic and artificial limb stores 5999 Life insurance offices 6311 Accident and health insurance offices 6321 Hospital and medical service plans offices 6324 Pension, health and welfare funds offices 6371 Insurance agents, brokers and service offices 6411 Operators of nonresidential buildings 6512 Real estate agents and managers offices 6531 Holding offices 671 Hotels and motels 701 Organizational hotels and lodging houses 704 Garment pressing and agents for laundries and 7212 drycleaners Linen supplies 7213 Beauty shops 7231 Barber shops 7241 Photocopying and duplicating services 7334 Medical equipment rental and leasing 7352 Data entry, data processing, data verification, and 7374 optical scanning data service Product sterilization services [Added 8-24-20041 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 Standard Industrial (4) Manufacturing and wholesaling support services: Classification (SIC) Allowed Uses Classification Membership sports and recreation clubs 7997 Offices and clinics of doctors and dentists 801-804 Pharmaceutical machinery 806 Hospitals 384 Ophthalmic goods 8071 Medical laboratories 5047 Ophthalmic goods 8072 Dental laboratories 5049 Miscellaneous health and allied services 809 8351 Child day-care services Public buildings, including the following: Social services offices Free medical clinics (4) Manufacturing and wholesaling support services: (a) All permitted manufacturing and wholesaling support services shall meet the flex -tech performance standards as identified in § 165-48.7C of this chapter. (b) All outdoor lighting fixtures designed to illuminate parking lots, loading bay areas, maneuvering areas, staging areas, and outdoor storage areas shall be shielded to direct light downward. (5) Related residential uses: Standard Industrial Classification Allowed Uses (SIC) Operators of apartment buildings 6513 165:128 06-15-2007 Standard Industrial Classification (SIC) Allowed Uses Pharmaceutical machinery 3559 Surgical, medical, and dental instruments and supplies 384 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 § 165-97 ZONING § 165-98 Standard Industrial Allowed Uses Classification Allowed Uses (SIC) Operators of dwellings other than apartment buildings 6514 Dormitories, commercially operated 7021 Nursing and personal care facilities 805 Residential care facilities 836 Dormitories, medical and allied health (As defined) Halfway house (As defined) Adult treatment home (As defined) Drug treatment home (As defined) Family care home (As defined) Group home (As defined) Protected population home (As defined) (6) Other related uses: § 165-98. District area, floor -to -area ratios and residential gross densities. A. All parcels that are zoned 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 XVIH 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 XVIH of this chapter. 165:129 06-15-2007 § 165-98 FREDERICK COUNTY CODE § 165-99 C. C E. F 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. rovide forth(-- administrative approval of parcel The Planning Commission may p subdivisions which front on private street systems during the master development plan approval process_ 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. All permitted land uses other than those described in § 165-98D providing support m 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 - 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. 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 rivate or may be dedicated to Frederick County for streets_ Such street systems may be p eventual acceptance into the state secondary road system 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_ 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. 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. I.A IC C. 11 165:130 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 pemlitted 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 minimum of 10 feet in width_ D. Parking lots shall be set back a minimum of 20 feet from urban collector streets and shall be set back a minimum of 10 feet from urban local streets to provide for safe ingress and egress into developed parcels. E. Parking lots located between the urban collector street and the building front shall be developed to include an earth berm or natural topography that is a minimum of three feet in height above the finished grade developed at a 3:1 slope. Evergreen shrubbery that is a minimum of two feet in height at the time of planting shall be provided along the apex of the berm at a rate of 25 plantings per 100 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. Parcels which are designed to have parking lots located behind the building shall have a reduced front yard setback of 25 feet from any urban collector street and 15 feet from any urban local street. § 165-101. Height regulations. A. The maximum structural height for hospitals, office buildings, and all land use permitted under § 165-9713(1), Educational support services, shall be 90 feet. B. The maximum structural height for residential care facilities, nursing and personal care facilities, dormitories, and automobile parking structures shall be 70 feet_ C. The maximum structural height for all other land uses permitted in this article shall be 35 feet. 165:131 06 - 15 -2007 § 165-101 FREDERICK COUNTY CODE § 165-102 D. Structural setbacks for all land uses permitted under § 165-IOIA and 165-IOIB shall be increased one foot for every foot that the structure exceeds 35 feet in height. The increased structural setback shall be measured as follows: (1) From the minimum front yard setback established along urban collector streets and urban local streets for a master -planned MS (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 165-10113_ These identified areas shall begin at a distance of 25 feet from the structure and shall have a minimum width of 20 feet. An easement shall be obtained on adjoining properties to establish required clear zone areas if they cannot be provided on the individual lot proposed for development. - § 165-102- Open space, landscaped area, and buffer and screening regulations. A. The minimum open space percentage for the MS (Medical Support) District shall include: (1) Twenty percent of the overall gross area of a master -planned MS (Medical Support) District that is to be developed as one parcel. (2) Twenty-five percent of the total site area of individual parcels that are subdivided for support services and 30% of the total site area of individual parcels that are subdivided for related residential land uses_ B. All open space areas shall be landscaped to provide for a grass cover and vegetative elements as required under § 165-27E(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 1.65:132 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 buffer between detached, semi-detached, and all other related residential land uses containing a twenty -five-foot buffer with a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting. (2) Master development planned area that is to be developed as individual parcels. (a) Buffer and screening requirements between all land uses which are not contained within the same categories identified in § 165-97B of this article. (b) All land uses required to provide buffers and screening internal to the MS (Medical Support) District shall meet the requirements of a B Category buffer as described in § 165-37 of this chapter; as well as all other applicable provisions of this section. (3) All parcels within the MS (Medical Support) District which adjoin parcels that are utilized for agricultural activities shall provide the following buffers: (a) A one -hundred -foot buffer adjacent to a parcel whose primary use is agriculture- Agricultural land use shall -be considered to be any parcel zoned RA (Rural Areas) District whose primary use is not residential or orchard_ A twenty -foot landscaped easement, measured from the adjoining property line, shall be provided which contains a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting and an earth berm that is three feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. (b) A two -hundred -foot buffer adjacent to a parcel whose primary use is orchard. A forty -foot landscaped easement, measured from the adjoining property Iine, shall be provided which contains a double row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting and an earth berm that is six feet in height and constructed on a 3:1 slope_ Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. 165:133 06 -15 - 2007 § 165-102 FREDERICK COUNTY CODE § 165-105 (4) A road efficiency buffer meeting the requirements § 165-37E of this chapter shall -be provided for all related residential land uses permitted in § 165-97B(5) of this article. § 165-103. Sign regulations. A. Land uses within the MS (Medical Support) District shall be permitted to utilize business signs, directional signs, on-site informational signs, building entrance signs, and wall -mounted signs to effectively communicate the location of and direction to support services and related residential structures_ B. All business signs shall be monument -style signs that are a maximum of 12 feet in height. Business signs shall not exceed 100 square feet in area. C. All wall -mounted signs shall be permitted to encompass 20% of the wall area to which they are attached, provided that the total area of the wall -mounted sign does not exceed 200 square feet_ D. All business signs shall be set back a minimum of 10 feet from all urban collector streets and urban local streets and shall have a minimum spacing requirement of 100 feet between business signs. E. Directional signs and on-site informational signs shall be set back a minimum of five feet from all urban collector streets, urban local streets, street intersections, and street entrances to provide for safe and adequate sight distance_ Directional signs shall not exceed 50 square feet in area, and informational signs shall not exceed 20 square feet in area_ Directional signs and informational signs shall be exempt from minimum spacing requirements between business signs and other directional signs. ARTICLE XIV API Airport District § 165-104. Intent. The API Airport District is intended to ensure the complete safety of the Winchester Regional Airport. It is intended to prevent the encroachment of airport hazards and requires existing potential airport hazards to be removed, altered, marked or lighted as deemed necessary by the Executive Director of the Winchester Regional Airport Authority. This Article also provides for noise easements and noise abatement to protect adjoining zones from the exposure of airport noise. § 165-105. Airport safety zones. A_ In order to carry out the provisions of this district, zones are established which include all of the land and airspace of Frederick County with elevations equal to and above the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Winchester Regional Airport_ These zones are established as overlay zones 165.134 06'- 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 9-12-20011 j AGE -RESTRICTED COMMUNITY — A designated area of at least 250 acres in size within a residential recreational community development which is intended to be absent of school age children and which ensures, through covenants, management regulations or other similar legal instruments, enforceable by a homeowners' association or other private entity, that at least one of the residents of at least 80% of the units is 55 years of age or older. [Added 8-9-2000] AGRICULTURAL (OR LOCALLY SIGNIFICANT) SOILS — A group of soils identified as prime farmland by the Soil Survey of Frederick County Virginia, prepared by the United States Department of Agriculture. [Added 4-23-2003] AGRICULTURE and FARMING — Any of the following activities: A. Cultivating the soil or raising or harvesting any agricultural or horticultural commodity on a farm, including the raising, shearing, feeding, caring for, training and management of animals. 165:172 06-15-2007 Existing Ordinance Sua, ested additions and dens ARTICLE XIII MS (Medical Support) District [Added 9-12-20012x] § 165-96. Intent. ATTACtIMENT 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: Drugs Commercial physical and biological research 8731 Noncommercial research organizations Testing laboratories 8733 8734 (3) Professional and commercial support services. Standard Industrial Classification Alloyed 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 b s Real estate agents and managers offices 6512 6531 Holding offices 671 Hotels and motels 701 Organizational hotels and lodging houses 704 Garment pressing and agents for laundries and drycleaners 7212 Linen supplies 7213 Beauty shops 7231 Barber shops 7241 Photocopying and duplicating services 7334 Medical equipment rental and leasing 7352 Data entry, data processing, data verification and optical 7374 Scanning data service Product sterilization services [Added 8-24-2004] 7389 Hearing aid repair and medical equipment repair, electrical 7629 Dental instrument repair, laboratory instrument repair, 7699 medical equipment repair, except electric, microscope repair, optical instrument repair, scientific instrument repair, except electric and surgical instrument repair Physical fitness facilities 7991 Membership sports and recreation clubs 7997 (4) (5) Offices and clinics of doctors and dentists 801-804 Hospitals 806 Medical laboratories 8071 Dental laboratories 8072 Miscellaneous health and allied services 809 Adult clay -care centers 832? Child day-care services 8351 Public buildings, including the following: 5047 Social services offices 5048 Free medical clinics 5049 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, Inedlcal offices, clinics, and schools of inedlcine: 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, Inedlcal offices, clinics, and schools of inedlcine: Standard Industrial Classification Allowed Uses SIC Operators of apartment buildings 6513 Operators of dwellings other than apartment buildings 6514 Dormitories, commercially operated 7021 Nursing and personal care facilities 805 Residential care facilities 836 Dormitories, medical and allied health (As defined) Halfway house (As defined) Adult treatment home (As defined) Drug treatment home (As defined) Family care home (As defined) (6) (7) Group home (As defined) Protected population home (As defined) Other related uses: On-site utility systems (As defined) Telecommunications towers and facilities (As defined) Warehousing, medical and allied health services (As defined) Wellness centers (As defined) Continuing Care Retirement Communities Standard Industrial Classification Allowed Uses (SIC) Ambulance service, road and vanpool operation 4119 Ambulance service, air 4522 Automobile parking 7521 Churches 8661 Fire protection 9224 Conference/events center (As defined) Fleet maintenance facility, medical and allied health (As defined) On-site utility systems (As defined) Telecommunications towers and facilities (As defined) Warehousing, medical and allied health services (As defined) Wellness centers (As defined) Continuing Care Retirement Communities (a) Independent living facilities (as defined) may consist of any of the following residential structures: single-family small lot, duplex, multiplex, atrium house or garden apartments. (b) Home Occupations (as defined). (c) Continuing Care Retirement Communities (as defined) .must conform to the following performance standards: 1. All Continuing Care Retirement Communities must be within a two mile radius from the center of the Route 37 Medical Center Interchange. 2. Maximum residential density shall not exceed ten units per acre provided the following: (a) Single-family detached and single-family attached residential structures having individual access shall have an average lot area of 3,000 square feet per dwelling unit. Standard Industrial Classification Allowed Uses (SIC) Operators of apartment buildings 6513 Operators of dwellings other than apartment buildings 6514 Nursing and personal care facilities 805 Residential care facilities 836 (a) Independent living facilities (as defined) may consist of any of the following residential structures: single-family small lot, duplex, multiplex, atrium house or garden apartments. (b) Home Occupations (as defined). (c) Continuing Care Retirement Communities (as defined) .must conform to the following performance standards: 1. All Continuing Care Retirement Communities must be within a two mile radius from the center of the Route 37 Medical Center Interchange. 2. Maximum residential density shall not exceed ten units per acre provided the following: (a) Single-family detached and single-family attached residential structures having individual access shall have an average lot area of 3,000 square feet per dwelling unit. (b) All other residential land uses shall provide a minimum of 1,000 square feet of lot average lot area per bedroom. 3. The Continuing Care Retirement Community must consist of residential units which provide all of the following for its residents: independent living facilities, congregate care -assisted living facilities, and nursing home care. 4. Occupancy of the dwelling units is restricted to older persons (as such term is used in the definition of "housing for older persons" in Sec. 36-96.7 of the Code of Virginia (1950, as amended), with the following exceptions: (1) The spouse of a resident, regardless of age; or (2) Resident staff necessary for operation of the facility are also allowed to live on site. 5. The communities may provide ancillary services and facilities, such as but not limited to transportation, a common dining room and kitchen, recreation area, meeting or activity rooms, library, chapel, convenience commercial area, or other services and facilities for the enjoyment, service or care of the residents. Such facilities must be conveniently located in relation to the remainder of the development, particularly the dwelling units; they must not be externally advertised. The Board of Supervisors may restrict their use to residents and staff only. § 165-98. District area, floor -to -area ratios and residential gross densities. A. All parcels that are zoned MS (Medical Support) District shall contain a minimum of 20 acres. These parcels shall be required to receive approval of a master development plan which meets all applicable requirements of Article XVIII of this chapter. B. Parcels that axe 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, and may be rezoned to the MS District. C. The Nanning Commissie Board o f 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 § 1.65-97B(5) shall be calculated as described under this subsection: (1) Petaehed and semi detaehed 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 4-50 250 feet or minimum VDOT spacing, whichever is greater, between entrances. D. Commercial entrances for permitted support services and entrances for related residential developments shall have a minimum spacing requirement of 408 150 feet or minimum VDOT spacing, whichever is greater, from street intersections to provide for adequate vehicle stacking. E. Driveways serving individual related residential land uses shall only be permitted along urban local streets. F. All permitted land uses shall be designed to provide for internal traffic circulation and interparcel connectors to adjoining land uses to provide for access between uses without entering onto urban collector streets. The Board of Supervisors may grant a waiver to this requirement f topographic constraints or land use conflicts prevent Interparcel connectivity or make it undesirable. § 165-100. Str-uetur-aStructure and parking lot setback regulations. A. All permitted educational, research, professional, commercial and other related support services shall have a minimum front yard setback of 50 feet from any urban collector street and a minimum front yard setback of 35 feet from any urban local street. B. All permitted related residential uses and Continuing Care Retirement Communities shall have a minimum front yard setback of 25 feet from any public urban local street and a front yard setback of 20 feet from any private urban local road. Gen residential units utilizing a rear alley for access, the setback off of a private road may be reduced by I0 feet provided there are not driveways oil the private road to the residential unit. Structural front yard setbacks fi^om private roads shall be measured from the eche of the access easement. C. Residential housing units within a Continuing Care Retirement Community to include sinnglefamily small lot, duplex- and multiplex shall have a "fillimunn building spacing of l0 feet between units and no building call be within 50' of the perimeter boundary of the development. CID. 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 be have structures placed on a side or rear property line shall obtain be provided with a maintenance easement fF&ffi on the adjoining parcel that is a minimum of 10 feet in width. D-. E. Parking lots shall be set back a minimum of 20 feet from urban collector streets and shall be set back a minimum of 10 feet from urban local streets to provide for safe ingress and egress into developed parcels. F. Parking lots located between the urban collector street and the building front shall be developed to include an earth berm or natural topography that is a minimum of three feet in height above the finished grade developed at a 3:1 slope. Evergreen shrubbery that is a minimum of two feet in height at the time of planting shall be provided along the apex of the berm at a rate of 25 plantings per 100 linear feet. This element shall begin at the street right-of-way and end at the beginning of the parking lot. Parking lots located between the urban local street and the building front shall be developed to the standards set forth in § 165-27 of this chapter. F- G. Parcels which are designed to have parking lots located behind the building shall may have a reduced front yard setback of 25-- 20 feet from any urban collector street and 15 feet from any urban local street. § 165401. 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-IOIA and 165-IOIB shall be increased one foot for every foot that the structure exceeds 35 feet in height. The increased structural setback shall be measured as follows: (1) From the minimum front yard setback established along urban collector streets and urban local streets for a master -planned MS (Medical Support) District development that is to be developed as one parcel, or from the minimum front, side and rear yard of individual parcels that are subdivided for development purposes. (2) From any required buffer area for a master -planned MS (Medical Support) District that is to be developed as one parcel, or for individual parcels that are subdivided for development purposes. (3) From the minimum building separation distance established between residential and nonresidential land uses. E. A clear zone void of structures, signage, vegetation and berms shall be established in areas determined by the Fire Marshall to ensure appropriate emergency access for all land uses permitted under § 165-IOIA and 165-101B. These identified areas shall begin at a distance of 25 feet from the structure and shall have a minimum width of 20 feet. An easement shall be obtained on adjoining properties to establish required clear zone areas if they cannot be provided on the individual lot proposed for development. § 165-102. ®pen 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 3 feet apart that have a minimum two-inch caliper at the time of planting. An earth berm that is four feet in height and constructed on a 3:1 slope shall be provided in addition to the vegetative plantings if the primary use of the adjoining property is residential. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. (b) A fifty -foot internal separation buffer between all support service land uses and related residential land uses meeting the vegetative planting and earth berm requirements specified in § 165-102C(1)(a) of this article. (c) An internal residential separation buffer between detached, semi- detached, and all other related residential land uses containing a twenty-five foot buffer with a single row of evergreen trees on ten foot centers that are a minimum of four feet at the time of planting. (d) Continuing Care Retirement Communities (as defined) shall be exempt from internal separation and internal residential separation buffers. (2) Master development planned area that is to be developed as individual parcels. (a) Buffer and screening requirements between all land uses which are not contained within the same categories identified in § 165-97B of this article. (b) All land uses required to provide buffers and screening internal to the MS (Medical Support) District shall meet the requirements of a B Category buffer as described in § 165-37 of this chapter; as well as all other applicable provisions of this section. (3) All parcels within the MS (Medical Support) District which adjoin parcels that are utilized for agricultural activities shall provide the following buffers: (a) A one -hundred foot buffer adjacent to a parcel whose primary use is agriculture. Agricultural land use shall be considered to be any parcel zoned RA (Rural Areas) District whose primary use is not residential or orchard. A twenty -foot landscaped easement, measured from the adjoining property line, shall be provided which contains a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting and an earth berm that is three feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. (b) A two -hundred -foot buffer adjacent to a parcel whose primary use is orchard. A forty -foot landscaped easement, measured from the adjoining property line, shall be provided which contains a double row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting and an earth berm that is six feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. (4) A road efficiency buffer meeting the requirements § 165-37E of this chapter shall be provided for all related residential land uses permitted in § 165-97B(5) of this article. § 165-103. Sign regulations. A Permitted Signage (1) Business signs (2) Signs allowed in § 165-30B (3) Multi -tenant complex signs (4) Freestanding building entrance signs B. All business signs shall be monument -style signs that are a maximum of 12 feet in height. Business signs shall not exceed 100 square feet in area. C. All wall -mounted signs shall be permiRed to eneempass 201% of the wall afea to 1, >, they aret4 1, ,a provided +t, at the total _area of +1 wall mounted sign does not e—xeced 200 sqttar-l;feet. conform to §165-30H(1) of the Frederick County Zoning Ordinance. D. All business sigps feet between business signs. Sign setbacks shall conform to §165-30E of the Frederick County Zoning Ordinance and sign spacing shall conform to §165-30F of the Frederick Couniy 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. AT'T'ACHMENT 3 Section 165-156 (Definitions) of the Frederick County Zoning Ordinance Continuing Care Retirement Community (CCRC) — A housing development on one parcel of land that meets the requirements for housing for older persons (as defined in Chapter 36-96.7 of the Code of Virginia, 1950 as amended) that is planned, designed and operated to provide a full range of accommodations for older persons, including independent living facilities, congregate care facilities, assisted living facilities and nursing home (skilled -care) facilities. CCRC's must also include ancillary facilities for the further enjoyment, service or care of the residents. In a CCRC residents may move from one level to another level of housing accommodations as their needs change. Continuing Care Residential Communities may not contain individual parcels and may not include condominium options, the community must be developed as one parcel that is owned and operated by one entity that offers rental options for the residential units. Independent Living Facility - A building or series of buildings containing independent dwelling units or individual housing units to include: single family detached, duplex or multiplex units. Independent living facilities are intended to provide housing for older persons not requiring health or other services offered through a central management structure/source. The facility may include ownership or rental units and must be subject to appropriate covenants, conditions, management policies or other procedures to ensure that the facility provides only housing for older persons (as defined in Chapter 36-96.7 of the Code of Virginia, 1950 as amended). Congregate Care Facility - A building containing residential living facilities intended as housing for older persons and which offers the residents of such facility the opportunity to receive their meals in a central dining facility, to receive housekeeping services and to participate in activities, health services, and other services offered through a central management structure/service. Assisted Living Facility - A building or series of buildings containing residential living facilities for older, disabled or infirm persons and which provides personal and health care services, 24-hour supervision, and various types of assistance (scheduled and unscheduled) in daily living and meeting the requirements of Section 63.2-1800, 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. S jFF REV[ S ON O THEFal t:.ICIA�.� U DR!"PO" � T DISTRICT— 26. 213(`8" CLEAN VERSION ARTICLE XIII MS (Medical Support) District [Added 9-12-20012x] § 165-96. Intent. ATTACHMENT 4 The MS (Medical Support) District is intended to provide for areas to support hospitals, medical centers, medical offices, clinics, and schools of medicine. These areas are intended to allow for a variety of support services and related residential land uses to be within close proximity of each other to provide for professional and patient convenience. All land to be contained within the Medical Support District shall be included within a master development plan to ensure that land uses are compatibly mixed, designed in a harmonious fashion, and developed to minimize adverse impacts to adjoining properties. § 165-97. Permitted uses. A. All land uses shall be developed in accordance with an approved master development plan that meets the criteria in Article XVIII of this chapter. B. Structures are to be erected or land used for one or more of the identified uses. The permitted uses are identified by Standard Industrial Classification. All uses described by Standard Industrial Classification are allowed only if the major group, industry group number, or industry number general group titles are used. (1) Educational support services: Standard .Industrial Classification Allowed Uses (SIC) Colleges, universities, professional schools and junior 822 colleges Libraries 823 Nursing schools, practical 8249 (2) Research support services: Standard Industrial Classification Allowed Uses (SIC) Research and development facilities for the 283 following manufacturing groups: Drugs Commercial physical and biological research 8731 Noncommercial research organizations 8733 Testing laboratories 8734 (3) Professional and commercial support services. Standard Industrial Classification Allowed Uses (SIC) Convenience stores 5411 Retail bakeries 546 Coffee stores, health food stores and vitamin stores 5499 Retail uniform stores 5699 Eating places 5812 Drug stores and proprietary stores 591 Bookstores 5942 Stationery stores 5943 Gift shops, greeting card shops and balloon shops 5947 Florists 5992 News dealers and news stands 5994 Optical goods stores 5995 Orthopedic and artificial limb stores 5999 Commercial Banks 602 Credit Unions 606 Life insurance offices 6311 Accident and health insurance offices 6321 Hospital and medical service plans offices 6324 Pension, health and welfare funds offices 6371 Insurance agents, brokers and service offices 6411 Real estate agents and managers offices 6531 Holding offices 671 Hotels and motels 701 Organizational hotels and lodging houses 704 Garment pressing and agents for laundries and drycleaners 7212 Linen supplies 7213 Beauty shops 7231 Barber shops 7241 Photocopying and duplicating services 7334 Medical equipment rental and leasing 7352 Data entry, data processing, data verification and optical 7374 Scanning data service Product sterilization services [Added 8-24-20041 7389 Hearing aid repair and medical equipment repair, electrical 7629 Dental instrument repair, laboratory instrument repair, 7699 medical equipment repair, except electric, microscope repair, optical instrument repair, scientific instrument repair, except electric and surgical instrument repair Physical fitness facilities 7991 (4) (5) Membership sports and recreation clubs 7997 Offices and clinics of doctors and dentists 801-804 Hospitals 806 Medical laboratories 8071 Dental laboratories 8072 Miscellaneous health and allied services 809 Adult day-care centers 8322 Child day-care services 8351 Public buildings, including the following: 5048 Social services offices 5049 Free medical clinics 512 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 Nursing and personal care facilities 805 Residential care facilities 836 Dormitories, medical and allied health (As defined) Halfway house (As defined) Adult treatment home (As defined) Drug treatment home (As defined) (6) (7) Family care home (As defined) Group home (As defined) Protected population home (As defined) Other related uses: On-site utility systems (Ass defined) Telecommunications towers and facilities (As defined) Warehousing, medical and allied health services (As defined) Wellness centers (As defined) Continuing Care Retirement Communities Standard Industrial Classification Allowed Uses (SIC) 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 (Ass defined) Telecommunications towers and facilities (As defined) Warehousing, medical and allied health services (As defined) Wellness centers (As defined) Continuing Care Retirement Communities (a) Independent living facilities (as defined) may consist of any of the following residential structures: single-family small lot, duplex, multiplex, atrium house or garden apartments. (b) Home Occupations (as defined). (c) Continuing Care Retirement Communities (as defined) must conform to the following performance standards: 1. All Continuing Care Retirement Communities must be within a two mile radius from the center of the Route 37 Medical Center Interchange. 2. Maximum residential density shall not exceed ten units per acre provided the following: Standard Industrial Classification Allowed Uses (SIC) Operators of apartment buildings 6513 Operators of dwellings other than apartment buildings 6514 Nursing and personal care facilities 805 Residential care facilities 836 (a) Independent living facilities (as defined) may consist of any of the following residential structures: single-family small lot, duplex, multiplex, atrium house or garden apartments. (b) Home Occupations (as defined). (c) Continuing Care Retirement Communities (as defined) must conform to the following performance standards: 1. All Continuing Care Retirement Communities must be within a two mile radius from the center of the Route 37 Medical Center Interchange. 2. Maximum residential density shall not exceed ten units per acre provided the following: (a) Single-family detached and single-family attached residential structures having individual access shall have an average lot area of 3,000 square feet per dwelling unit. (b) All other residential land uses shall provide a minimum of 1,000 square feet of lot average lot area per bedroom. The Continuing Care Retirement Community must consist of residential units which provide all of the following for its residents: independent living facilities, congregate care -assisted living facilities, and nursing home care. 4. Occupancy of the dwelling units is restricted to older persons (as such term is used in the definition of "housing for older persons" in Sec. 36-96.7 of the Code of Virginia (1950, as amended), with the following exceptions: (1) The spouse of a resident, regardless of age; or (2) Resident staff necessary for operation of the facility are also allowed to live on site. 5. The communities may provide ancillary services and facilities, such as but not limited to transportation, a common dining room and kitchen, recreation area, meeting or activity rooms, library, chapel, convenience commercial area, or other services and facilities for the enjoyment, service or care of the residents. Such facilities must be conveniently located in relation to the remainder of the development, particularly the dwelling units; they must not be externally advertised. The Board of Supervisors may restrict their use to residents and staff only. § 165-98. District area, floor -to -area ratios and residential gross densities. A. All parcels that are zoned MS (Medical Support) District shall contain a minimum of 20 acres. These parcels shall be required to receive approval of a master development plan which meets all applicable requirements of Article XVIII of this chapter. B. Parcels that are less than 20 acres in size that are contiguous to a master -planned MS (Medical Support) District development, including those parcels that are directly across public right-of-way to a master -planned MS (Medical Support) District development, may be rezoned to the MS District. C. The Board of Supervisors may provide for the administrative approval of a parcel subdivision which fronts on private street systems during the master development plan approval process. D. Hospitals, office buildings, conference/events centers, wellness centers, and all land use permitted under §165-97B(1), Educational support services, shall be allowed to develop a maximum floor -to -area ratio (FAR) of two. The maximum FAR shall be based on the total site area for a master -planned MS (Medical Support) District development that is to be developed as one parcel, or for the total site area of individual parcels in the development that are subdivided for development purposes. E. All permitted land uses other than those described in §165-98D providing support services to this district shall be allowed to develop a maximum floor -to -area ratio (FAR) of one. The maximum FAR shall be determined as described in § 165-98D. F. The overall gross densities for permitted land uses identified in §165-97B(5) shall be calculated as described under this subsection: (1) Single-family detached and single-family attached residential structures having individual access may have a minimum lot size or average lot area of 3,000 square feet per dwelling unit. (2) All other related residential land uses shall provide a minimum of 1,000 square feet of lot size or average lot area per bedroom. § 165-99. Access regulations. A. All land uses permitted in this article shall be served by street systems that are constructed to the geometric design standards for urban collector streets and urban local streets. Such street systems may be private or may be dedicated to Frederick County for eventual acceptance into the state secondary road system. B. Parcels that contain portions of collector street systems that are intended to continue through to other parcels to meet the intent of the Frederick County Comprehensive Policy Plan shall be built to applicable state secondary road standards and shall be dedicated to Frederick County for eventual acceptance into the state secondary road system. C. Commercial entrances for permitted support services and entrances for related residential developments on urban collector streets shall have a minimum spacing requirement of 250 feet or minimum VDOT spacing, whichever is greater, between entrances. D, Commercial entrances for permitted support services and entrances for related residential developments shall have a minimum spacing requirement of 150 feet or minimum VDOT spacing, whichever is greater, from street intersections to provide for adequate vehicle stacking. E. Driveways serving individual related residential land uses shall only be permitted along urban local streets. F. All permitted land uses shall be designed to provide for internal traffic circulation and interparcel connectors to adjoining land uses to provide for access between uses without entering onto urban collector streets. The Board of Supervisors may grant a waiver to this requirement if topographic constraints or land use conflicts prevent Interparcel connectivity or make it undesirable. § 165-100. Structure and parking lot setback regulations. A. All permitted educational, research, professional, commercial and other related support services shall have a minimum front yard setback of 50 feet from any urban collector street and a minimum front yard setback of 35 feet from any urban local street. B. All permitted related residential uses and Continuing Care Retirement Communities shall have a minimum front yard setback of 25 feet from any public urban local street and a front yard setback of 20 feet from any private urban local road. On residential units utilizing a rear alley for access, the setback off of a private road may be reduced by 10 feet provided there are not driveways on the private road to the residential unit. Structural front yard setbacks from private roads shall be measured from the edge of the access easement. C. Residential housing units within a Continuing Care Retirement Community to include single-family small lot, duplex and multiplex shall have a minimum building spacing of 10 feet between units and no building can be within 50' of the perimeter boundary of the development. D. All permitted support services and related residential land uses other than those • described in § 165-100C are not proposed to have minimum side or -rear yard setbacks. Individual parcels which are designed to have structures placed on a side or rear property line shall be provided with a maintenance easement on the adjoining parcel that is a minimum of 10 feet in width. E. Parking lots shall be set back a minimum of 20 feet from urban collector streets and shall be set back a minimum of 10 feet from urban local streets to provide for safe ingress and egress into developed parcels. F. Parking lots located between the urban collector street and the building front shall be developed to include an earth berm or natural topography that is a minimum of three feet in height above the finished grade developed at a 3:1 slope. Evergreen shrubbery that is a minimum of two feet in height at the time of planting shall be provided along the apex of the berm at a rate of 25 plantings per 100 linear feet. This element shall begin at the street right-of-way and end at the beginning of the parking lot. Parking lots located between the urban local street and the building front shall be developed to the standards set forth in § 165-27 of this chapter. G. Parcels which are designed to have parking lots located behind the building may have a reduced front yard setback of 20 feet from any urban collector street and 15 feet from any urban local street. § 165-101. Height regulations. A. The maximum structural height for hospitals, office buildings and all land use permitted under § 165-97B(1), Educational support services, shall be 90 feet. B. The maximum structural height for residential care facilities, nursing and personal care facilities, dormitories, garden apartments and automobile parking structures shall be 70 feet. C. The maximum structural height for all other land uses permitted in this article shall be 35 feet. D. Structural setbacks for all land uses permitted under § 165 -IOTA and 165-1OIB shall be increased one foot for every foot that the structure exceeds 35 feet in height. The increased structural setback shall be measured as follows: (1) From the minimum front yard setback established along urban collector streets and urban local streets for a master -planned MS (Medical Support) District development that is to be developed as one parcel, or from the minimum front, side and rear yard of individual parcels that are subdivided for development purposes. (2) From any required buffer area for a master -planned MS (Medical Support) District that is to be developed as one parcel, or for individual parcels that are subdivided for development purposes. (3) From the minimum building separation distance established between residential and nonresidential land uses. E. A clear zone void of structures, signage, vegetation and berms shall be established in areas determined by the Fire Marshall to ensure appropriate emergency access for all land uses permitted under § 165-IOIA and 165-101B. These identified areas shall begin at a distance of 25 feet from the structure and shall have a minimum width of 20 feet. An easement shall be obtained on adjoining properties to establish required clear zone areas if they cannot be provided on the individual lot proposed for development. § 165-102. Open spaces, landscaped area and buffer and screening regulations. A. The minimum open space percentage for the MS (Medical Support) District shall include: (1) Twenty percent of the overall gross area of a master -planned MS (Medical Support) District that is to be developed as one parcel. (2) Twenty-five percent of the total site area of individual parcels that are subdivided for support services and 30% of the total site area of individual parcels that are subdivided for related residential land uses. B. All open space areas shall be landscaped to provide for a grass cover and vegetative elements as required under § 165-27E(11), Parking lot landscaping, and § 165-37, Buffers and screening, of this chapter. Minimum standards for required vegetative elements include two-inch caliper trees and three-foot shrubs at the time of planting. Stormwater management facilities and landscaped parking lot raised islands shall be permitted to be calculated as part of the overall open space percentage. C. Buffer and screening requirements for the MS (Medical Support) District shall include: (1) Master development planned area that is to be developed as one parcel. (a) A fifty -foot perimeter buffer from all adjoining parcels. The first 25 feet of this buffer area, measured from the adjoining property line, shall provide vegetative plantings, including a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting, and a single row of deciduous trees spaced 30 feet apart that have a minimum two-inch caliper at the time of planting. An earth berm that is four feet in height and constructed on a 3:1 slope shall be provided in addition to the vegetative plantings if the primary use of the adjoining property is residential. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. (b) A fifty -foot internal separation buffer between all support service land uses and related residential land uses meeting the vegetative planting and earth berm requirements specified in § 165-102C(1)(a) of this article. (c) An internal residential separation buffer between detached, semi- detached, and all other related residential land uses containing a twenty-five foot buffer with a single row of evergreen trees on ten - foot centers that are a minimum of four feet at the time of planting. (d) Continuing Care Retirement Communities (as defined) shall be exempt from internal separation and internal residential separation buffers. (2) Master development planned area that is to be developed as individual parcels. (a) Buffer and screening requirements between all land uses which are not contained within the same categories identified in § 165-97B of this article. (b) All land uses required to provide buffers and screening internal to the MS (Medical Support) District shall meet the requirements of a B Category buffer as described in § 165-37 of this chapter; as well as all other applicable provisions of this section. (3) All parcels within the MS (Medical Support) District which adjoin parcels that are utilized for agricultural activities shall provide the following buffers: (a) A one -hundred foot buffer adjacent to a parcel whose primary use is agriculture. Agricultural land use shall be considered to be any parcel zoned RA (Rural Areas) District whose primary use is not residential or orchard. A twenty -foot landscaped easement, measured from the adjoining property line, shall be provided which contains a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting and an earth berm that is three feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. (b) A two -hundred -foot buffer adjacent to a parcel whose primary use is orchard. A forty -foot landscaped easement, measured from the adjoining property line, shall be provided which contains a double row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting and an earth berm that is six feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. (4) A road efficiency buffer meeting the requirements § 165-37E of this chapter shall be provided for all related residential land uses permitted in § 165-97B(5) of this article. § 165-103. Sign regulations. A Permitted Signage (1) Business signs (2) Signs allowed in § 165-30B (3) Multi -tenant complex signs (4) Freestanding building entrance signs B. All business signs shall be monument -style signs that are a maximum of 12 feet in height. Business signs shall not exceed 100 square feet in area. C. All wall -mounted signs shall conform to §165-30H(1) of the Frederick County Zoning Ordinance. D. Sign setbacks shall conform to §165-30E of the Frederick County Zoning Ordinance and sign spacing shall conform to § 165-30F of the Frederick County Zoning Ordinance. E. Directional signs and on-site informational signs shall be set back a minimum of five feet from all urban collector streets, urban local streets, street intersections, and street entrances to provide for safe and adequate sight distance. Directional signs shall not exceed 50 square feet in area, and informational signs shall not exceed 20 square feet in area. Directional signs and informational signs shall be exempt from minimum spacing requirements between business signs and other directional signs. 20. Editor's Note. This ordinance also redesignated former Arts. XIII through XXI as XIV through XXII, respectively; and renumbered §§ 165-96 through 165-145 as 165-104 through 165-156, respectively. MEMORANDUM TO: Planning Commission FROM: Michael T. Ruddy, AICP �r Deputy Director COUNTY of FREDERICK Department of Planning and. Development 540/665-5651 FAX: 540/665-6395 RE: Discussion Item; Urban Development Area (UDA) Boundary Clarification at Stonewall Industrial Park. DATE: May 7, 2008 The Comprehensive Plans and Programs Subcommittee and Planning Commission have been requested by the Board of Supervisors to review and endorse a clarification of the UDA Boundary in the area surrounding the Stonewall Industrial Park. A recommendation from the CPPS will be provided prior to your meeting. Discussion of this item by the Commission will then be forwarded to the Board of Supervisors. Staff will be available to review this request with the Planning Commission at your May 21, 2008. Back in September of 2006, the Board of Supervisors approved a series of modifications to the UDA (Urban Development Area) and SWSA (Sewer and Water Service Area) boundaries. The purpose of the modifications to the UDA and SWSA boundaries was to more appropriately reflect the current land use designations of the Comprehensive Policy Plan. At their April 9, 2008 meeting, the Board of Supervisors requested that the UDA be adjusted to reflect the location identified in the accompanying map. It was the belief of members of the Board of Supervisors that this was the appropriate location of the UDA when considering the land use policies of the Comprehensive Plan and the existing and approved land uses in this area. The adjustment in the area of the UDA, as a result of this clarification, would be a reduction in the UDA of approximately 798 acres. There would be no change in the SWSA and there would be no implications for the existing land uses and approved proffered rezonings in this area, including the Russell-Glendobbin Subdivision. Such a clarification would be consistent with the intention of the original adjustment and in line with the thinking of the Board of Supervisors. Please contact me if you have any further questions. MTR/bad Attachments 107 NGrth Kent Street, SLite 202 • Winchester, Virginia 22601-5000 Current UDAJo'v F� to Voll I1 Parr Area j%j;,40trlul r, � of Nka tk � Al H � a! 41 1 11 q, •' ME0.cEl`Es� 1� �� 9P 81 .T t,13 a 110 , 3+ UDAPossible'Adjustment Storibm"111 ' V1 � t � i4 't few � d1 I !A ) :I'\ 4R � iArea 1111 11 I�� LI Idi rdl K r w � _ y of - _ • J C: TO: Planning Commission FROM: Michael T. Ruddy, AICP Deputy Director RE: CPPS Reorganization; Commission Update. DATE: May 7, 2008 COUNTY of ERIEDER-1C1K Department of Planning and Development 540/665-5651 FAX: 540/665-6395 Staff will take the opportunity to update the Planning Commission at your May 21, 2008 meeting on the recent reorganization of the Comprehensive Plans and Programs Subcommittee (CPPS). The Comprehensive P al ns and Programs Subcommittee structure has been modified in an effort to effectively and efficiently accomplish the County's long range community planning goals and move the departmental work program forward. In addition, the reorganization is aimed at better utilizing the skills and knowledge of the many citizen planners who volunteer their time to assist with the County's planning efforts. Proposed CPPS Organization. The Comprehensive Plans and Programs Subcommittee will oversee the efforts of the following three standing committees: 1. Community Facilities 2. Community Area Plans 3. Comprehensive Plan Committee Organizational Structure (CPPS) Comprehensive Plans and Programs Subcommittee Community Facilities Community Area Plans Comprehensive Plan 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000 Comprehensive Plans and Programs Subcommittee The Comprehensive Programs and Policy Subcommittee will be made up of current and former Planning Commission members and will act as an Executive Committee guiding the County's community planning efforts. The group will meet on the regular CPPS schedule and will provide recommendations to the Planning Commission on a variety of planning issues. The Comprehensive Plans and Programs Subcommittee will coordinate the efforts of the standing committees who will report directly to the CPPS. Standing Committees. The membership of the three standing committees will be made up of current and former Planning Commission members, citizen members, and identified stakeholders. The citizen members and stakeholders may change from time to time depending on the activities of the particular standing committee. The three standing committees will be chaired by current and former Planning Commission members who are members of the CPPS and are appointed by the Chairman of the PC/CPPS. The standing committees will meet, at a minimum, quarterly. The standing committees may meet more frequently, as appropriate, to complete their specific planning tasks. The standing committees will report directly to the CPPS. Community Facilities The mission of this standing committee is to work with the various Departments of Frederick County and community stakeholders to assist in the planning and location of community buildings, facilities, and resources to best serve the citizens of Frederick County. Objectives include: 1. To annually review and update the Capital Improvement Plan. 2. To investigate and recommend the co -location of community facilities and services of the various county departments and to promote collaboration on community planning efforts. 3. To assist in reviewing the community area plan recommendations to insure that appropriate county facilities and services are included. Community Area Plans The mission of this standing committee is to develop area plans for designated locations within the County. This will include both new areas as well as infill in existing areas. This committee may have more than one subcommittee depending upon the time frames for the development of the area plans. A revolving planning effort which addresses each area of the County is envisioned. Objectives include: 1. To incorporate Traditional Neighborhood Design (TND) for both urban and village centers as appropriate. 2. To develop corridor and community area land use plans using transportation systems as a base in a systematic manner. 3. To work on development of Rural Community Centers consistent with the Comprehensive Plan taking into account the wishes of the citizens of the particular Rural Community Center. Comprehensive Plan The mission of this standing committee is to develop an up-to-date Comprehensive Plan that clearly expresses a community vision, is readily understandable by the citizens of Frederick County, and contains enough detail for the development community to understand what is expected when new commercial, industrial and residential areas are developed or redeveloped. Subcommittees may be established to revise the various sections of the comprehensive plan. Objectives include: 1. To provide the initial review of any comprehensive policy plan amendments, including proposed UDA and SWSA expansions. 2. To identify portions of the Comprehensive Plan requiring updating as well as the appropriate bodies to implement the revision. 3. To improve the technical writing and presentation components of the Comprehensive Plan. Please contact me if you have any further questions. MTR/bad Attachments