DRRC 02-24-22 Meeting Agenda1.Election of DRRC Chairman and Vice-Chairman
1.A.Election of DRRC Chairman and Vice-Chairman
As stipulated in the DRRC Operating Procedures, a Chairman and Vice-Chairman will
be elected during the first meeting of the year.
2.Update on Previous Zoning Ordinance Text Amendments
3.Zoning Ordinance Text Amendment Proposals
3.A.R4 & R5 District Conditional Uses
Proposal to clarify conditional use requirements in the R4 and R5 Zoning Districts.
This proposed amendment was initiated by staff.
3.B.Off-Street Parking
Proposal to modify requirements for off-street parking for single-family attached
(townhome) dwelling units.
This proposed amendment was initiated by staff.
3.C.Protection of Environmental Features
Proposal to clarify requirements for Zoning Administrator allowance as it pertains to
"steep slopes."
This proposed amendment was initiated by the Board of Supervisors.
AGENDA
DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE
THURSDAY, FEBRUARY 24, 2022
7:00 PM
FIRST-FLOOR CONFERENCE ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
DRRC02-24-22Bylaws.pdf
DRRC02-24-22ProposedChangesR4R5ConditionalUses.pdf
DRRC02-24-22ProposedChangesOff-StreetParking.pdf
DRRC02-24-22ProposedChangesProtectionofEnvironmentalFeatures.pdf
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4.Other
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Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: February 24, 2022
Agenda Section: Election of DRRC Chairman and Vice-Chairman
Title: Election of DRRC Chairman and Vice-Chairman
Attachments:
DRRC02-24-22Bylaws.pdf
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DRRC OPERATING PROCEDURES
PROPOSED FOR CONSIDERATION ON FEBRUARY 24, 2022
ARTICLE I- AUTHORIZATION
1-1 The Frederick County Development Review and Regulations Committee is
established by and in conformance with the bylaws of the Frederick County Planning
Commission, (adopted January 2, 2002), Article V-Committees.
1-2 The official title of this body shall be the Development Review and Regulations
Committee hereinafter referred to as the "DRRC."
ARTICLE II- PURPOSE
2-1 The primary purpose of the DRRC is to work closely with the Frederick County
Planning Staff and to carry out all duties and functions described herein. In each instance,
the DRRC forwards recommendations or proposed updates to the Planning Commission who
in turn forwards recommendations to the Board of Supervisors for final disposition. The
primary functions of the committee are outlined below:
a. To consider requests to amend the Frederick County Zoning and Subdivision
Ordinances,
made by the Board of Supervisors, Planning Commission, Frederick County Citizens,
freeholders, businesses or organizations.
b. To continually work on developing better rules and regulations of the Frederick County
Zoning and Subdivision Ordinances.
ARTICLE III- MEMBERSHIP
3-1 The membership of the DRRC shall be open to residents and freeholders of Frederick
County appointed by the Chairman of the Planning Commission. The Chairman of the
Planning Commission shall appoint Planning Commission Members to the DRRC.
ARTICLE IV- MEETINGS
4-1 Regular monthly DRRC meetings shall be set by the Planning Commission. Meetings
shall begin at 7:00 p.m. and adjourn by 8:30 p.m.
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ARTICLE V- OFFICERS
5-1 There shall be a chairman and vice-chairman elected by the voting members of the
DRRC. Nominations shall be made from the floor at the first meeting of the calendar
year. A candidate receiving a majority vote of the entire voting membership shall be
declared elected. Offices of the DRRC are valid for one-year terms. Officer vacancies
shall be filled for an unexpired term by a majority vote of the DRRC until the end of the
calendar year.
ARTICLE VI- OPERATING RULES
6-1 Items on the agenda shall be considered by using the following procedures:
6-2 Call to order
6-3 Reading of minutes from preceding meeting
6-4 Report of agenda items by County Staff
6-5 Presentation by applicant of agenda item (if any)
6-6 Citizen comments (if any)
6-7 Discussion by DRRC
6-8 Rebuttal by applicant and staff (if any)
6-9 Motion and action by DRRC
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Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: February 24, 2022
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: R4 & R5 District Conditional Uses
Attachments:
DRRC02-24-22ProposedChangesR4R5ConditionalUses.pdf
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Development Review and Regulations Committee
FROM: M. Tyler Klein, AICP, Senior Planner
SUBJECT: Ordinance Amendment – Conditional Uses in the R4 and R5 Zoning Districts
DATE: February 15, 2022
Proposal:
This is a proposed amendment to Chapter 165 – Zoning to clarify the uses permissible with a conditional
use permit in the Residential Planned Community (R4) and Residential Recreational Community (R5)
Zoning Districts.
Current Zoning Ordinance Standards:
Per §165-501.04 of the Zoning Ordinance, the R4 District as currently worded does not require a conditional
use permit be applied for to operate any use listed as a conditional use in the Zoning Ordinance.
Additionally, the R5 District does not currently indicate any allowance for conditional uses. It should be
noted that conditional use permits for the R5 has been interpreted to follow the conditional uses specified
in the Residential Performance (RP) District, which is consistent with how the permitted uses in the R5
District are indicated.
Conclusion and Requested Action:
The attached document shows the existing ordinance with the proposed changes as drafted by Staff to
provide clarification for the conditional uses in the R4 and R5 Zoning Districts. Staff is seeking
comments from the DRRC to forward to the Planning Commission and Board of Supervisors
for discussion.
MTK/pd
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
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Proposed Changes – Conditional Uses R4 & R5 Zoning Districts
Drafted February 15, 2022
Chapter 165 – Zoning Ordinance
ARTICLE V
Planned Development Districts
Part 501
R4 Residential Planned Community District
§ 165-501.04 Conditional uses.
Uses listed as conditional uses shall not require a conditional use permit, but all uses shall meet the specific
requirements set forth in this chapter for such uses.
Uses permitted through a conditional use permit in the R4 Residential Planned Community District shall
include those uses allowed as conditional uses in the following zoning districts with an approved
conditional use permit:
RP Residential Performance District
B1 Neighborhood Business District B2 General Business District B3 Industrial Transition District
OM Office-Manufacturing Park District M1 Light Industrial District
Conditional uses, otherwise permitted by-right through an approved rezoning application and
identified on an approved master development plan, shall not require a separate conditional use
permit.
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Proposed Changes – Conditional Uses R4 & R5 Zoning Districts
Drafted February 15, 2022
Chapter 165 – Zoning Ordinance
ARTICLE V
Planned Development Districts
Part 502
R5 Residential Recreational Community District
§ 165-502.05 Conditional uses
Uses permitted by a conditional use permit in the R5 Residential Recreation Community District shall
include all conditional uses specified in the RP Residential Performance District (§165-402.03) with an
approved conditional use permit. Conditional uses, otherwise permitted by-right through an approved
rezoning application and identified on an approved master development plan, shall not require a
separate conditional use permit.
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Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: February 24, 2022
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: Off-Street Parking
Attachments:
DRRC02-24-22ProposedChangesOff-StreetParking.pdf
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Development Review and Regulations Committee
FROM: M. Tyler Klein, AICP, Senior Planner
SUBJECT: Ordinance Amendment – Off-Street Parking Requirements
DATE: February 15, 2022
Proposal:
This is a proposed amendment to Chapter 165 – Zoning to modify the requirement for off-street parking
spaces for single-family attached/townhome (SFA/TH) dwelling units.
Current Zoning Ordinance Standards:
The Zoning Ordinance requires two (2) off-street parking spaces are required for all single-family dwellings
and mobile homes regardless of housing type (§165-202.01 & §165-402.09). This standard has been
insufficient for townhome communities where the off-street parking requirement is met with one (1) garage
space and one (1) driveway space. Typically, in townhome communities there is not on-street parking (due
to driveway spacing and private road widths) and limited (if any) off-street visitor parking spaces.
Conclusion and Requested Action:
The attached document shows the existing ordinance with the proposed changes as drafted by Staff.
Staff is seeking comments from the DRRC to forward to the Planning Commission and
Board of Supervisors for discussion.
MTK/pd
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
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Proposed Changes – Off-Street Parking Requirements
Drafted February 15, 2022
Chapter 165 – Zoning Ordinance
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 202
Off-Street Parking, Loading and Access
§165-202.01 Off-street parking; parking lots.
Off-street parking shall be provided on every lot or parcel on which any use is established according to
the requirements of this section. This section is intended to ensure that parking is provided on the lots to
be developed and to ensure that excess parking in public street rights-of-way does not interfere with
traffic.
A. Required parking spaces.
1. For certain residential uses, parking requirements are contained in the zoning district
regulations. In all other cases, parking spaces shall be provided with each allowed use, on the
lot containing the use, according to the following table:
Use Required Spaces
Single-family detached dwellings and
mobile homes
2 per unit
Single-family attached (townhouse)
dwellings
2.5 per unit
ARTICLE IV
Agricultural and Residential Districts
Part 402
RP Residential Performance District
§165-402.09 Dimensional requirements.
The following dimensional requirements shall be met by uses in the RP Residential Performance District.
The Zoning Administrator shall make the final determination as to the classification of housing types.
Unless otherwise specified, all housing types shall be served by public sewer and water.
H. Townhouse; back-to-back townhouse. This dwelling type consists of a single-family attached
dwelling unit from ground to roof, with individual outside access. Rows of townhouses shall
contain no more than eight dwelling units in a group. Back-to-back townhouses shall contain no
more than 16 dwelling units in a group. Dimensional requirements shall be as follows:
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Proposed Changes – Off-Street Parking Requirements
Drafted February 15, 2022
A. Lot Dimensions
A1 Minimum lot area 1,500 square feet
A2 Minimum lot width End Unit: 22 feet Interior Unit: 18 feet
B. Building Setbacks
B1 From public or private road right-of-way With garage: 25 feet Without garage: 15 feet
B2 From off-street parking 15 feet
B3 Side 10 feet
B4 Rear 20 feet Back-to-back option:
N/A
C. Setbacks for unroofed decks, stoops, landings and similar features
C1 Front from off-street parking lot 10 feet
C2 Front from private/public road 15 feet
C3 Side (end unit) 5 feet
C4 Rear 5 feet
D. Minimum Parking
D1 Required off-street parking 2 2.5 per unit
E. Height
E1 Principal building (max) 40 feet
E2 Accessory building (max) 20 feet
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Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: February 24, 2022
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: Protection of Environmental Features
Attachments:
DRRC02-24-22ProposedChangesProtectionofEnvironmentalFeatures.pdf
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Development Review and Regulations Committee
FROM: M. Tyler Klein, AICP, Senior Planner
SUBJECT: Ordinance Amendment – Protection of Environmental Features
DATE: February 15, 2022
Proposal:
This is a proposed amendment to Chapter 165 – Zoning to expand the allowance for additional disturbance
of steep slopes beyond the Zoning Ordinance standard (25%).
Current Zoning Ordinance Standards:
The Zoning Ordinance (§165-201.09) allows the Zoning Administrator to allow the disturbance of
additional small areas where the disturbance will alleviate potential health and safety problems and will not
significantly impact the overall environmental quality of the site.
Conclusion and Requested Action:
The attached document shows the existing ordinance with the proposed changes as drafted by Staff.
Staff is seeking comments from the DRRC to forward to the Planning Commission and
Board of Supervisors for discussion.
MTK/pd
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
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Proposed Changes – Protection of Environmental Features
Drafted February 8, 2022
Chapter 165 – Zoning Ordinance
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 201
Supplementary Use Regulations
§165-201.08 Protection of environmental features.
In order to protect those areas of a parcel which have environmental characteristics that make them
unsuitable for development, certain portions of a development shall remain undisturbed or be protected. It
is the intention of this section that the disturbance of such areas by the development process be limited. It
is also the intention of this section that the large portions of the areas with such environmental
characteristics be placed in open space, environmental easements, the portion of the parcel left undivided
or other areas where they will remain undisturbed. It is intended that the environmental conditions on a
property be reviewed as the first step in the planning process before lots or dwellings are located.
A. The requirements of this section shall apply to land in the following zoning districts:
RP Residential Performance District
R4 Residential Planned Community District
R5 Residential Recreational Community District
MH1 Mobile Home Community District
B1 Neighborhood Business District
B2 Business General District
B3 Industrial Transition District
OM Office-Manufacturing Park District
M1 Light Industrial District
M2 Industrial General District
HE Higher Education District
RA Rural Areas District
MS Medical Support District
B. All developments which require a master development plan, subdivision design plan,
site plan, or preliminary sketch plan shall preserve the following environmental features
as described:
(1) Floodplains. Disturbance of floodplains is only permitted in accordance with the
requirements of Article XV, FP Floodplain Districts.
(2) Lakes and ponds. Lakes, ponds and impoundments shall remain undisturbed. The
Administrator may allow the removal of a lake, pond or impoundment if it serves
no useful retention, environmental, or recreational purposes.
(3) Wetlands, natural waterways and riparian buffers. Disturbance of wetlands is only
permitted in accordance with the requirements of the United States Army Corps of
Engineers or other qualified state or federal agency. The disturbance of natural
waterways and riparian buffers is prohibited, except when necessary for public
utilities, public facilities or roads.
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Proposed Changes – Protection of Environmental Features
Drafted February 8, 2022
(4) Sinkholes. No disturbance of sinkholes is allowed other than filling with
nonpolluting natural materials that will not contribute to groundwater pollution.
(5) Natural stormwater retention areas. No more than 10% of natural stormwater
retention areas on a site shall be disturbed. Natural stormwater retention areas may
be replaced with the approval of the Administrator by artificial stormwater
facilities if the total storage capacity of the site, as well as within each
drainageway, is maintained. Natural stormwater retention areas which are
floodplains, wetlands, lakes or ponds shall not be disturbed or replaced.
(6) Steep slopes. No more than 25% of steep slopes, as defined shall be disturbed or
regarded. The Zoning Administrator, through a written request made at time of
site plan or subdivision design plan, may allow the disturbance of additional small
areas where that disturbance will alleviate potential health or safety problems and
will not significantly denigrate the overall environmental quality of the site. The
Planning Commission may allow the disturbance of larger areas of steep slopes.
C. In residential developments, the areas of undisturbed environmental features
described in § 165-31B shall be located in areas of open space. However, the Planning
Commission may allow undisturbed areas to be included din the required setback and yard
areas on residential lots when the extent, location and disturbance of environmental areas
make it impractical to place the undisturbed areas in common open space. In such
circumstances, environmental easements, deeds of dedication, final subdivision plats or
other legal instruments approved by the Zoning Administrator shall be required to specify
the restrictions to be placed on the environmental areas.
D. In rural preservation subdivisions, the environmental features described in § 165-31B,
along with agricultural or locally significant soils, shall be placed within the forth-percent
parcel, without undue detriment to other principles of quality subdivision design or
significant loss of density, as determined by the Zoning Administrator.
E. In commercial and industrial developments, the areas of undisturbed environmental
features described in § 165-31B, shall be located in areas of open space, environmental
easements, deeds of dedication, final subdivision plats or other legal instruments approved
by the Zoning Administrator which specify the restrictions to be placed on the
environmental areas.
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