Frederick County, VA Part 501 R4 Residential Planned Community District

§ 165-501.01 Intent.

[Amended 3-13-2013]

The intention of the Residential Planned Community District is to provide for a mixture of housing types and uses within a carefully planned setting. All land to be contained within the Residential Planned Community District shall be included within an approved master development plan. The layout, phasing, density and intensity of development is determined through the final approval of the master development plan by the County. Special care is taken in the approval of the master development plan to ensure that the uses on the land are arranged to provide for compatibility of uses, to provide environmental protection and to avoid adverse impacts on surrounding properties and facilities. The district is intended to create new neighborhoods with an appropriate balance between residential, employment and service uses. Innovative design is encouraged. Special care is taken in the approval of R4 developments to ensure that necessary facilities, roads and improvements are available or provided to support the R4 development. Planned community developments shall only be approved in conformance with the policies in the Comprehensive Plan.

§ 165-501.02 Rezoning procedure.

[Amended 11-12-2003]

In order to have land rezoned to the R4 District, a master development plan, meeting all requirements of Article VIII of this chapter, shall be submitted with the rezoning application. The rezoning shall be reviewed and approved following the rezoning procedures described by this chapter, including procedures for impact analysis and conditional zoning. In adopting the rezoning, the master development plan submitted will be accepted as a condition proffered for the rezoning. The master development plan review procedures described by Article VIII must also be completed concurrently with or following the consideration of the rezoning.

A. Impact analysis. Impact analysis, as required by this chapter, shall be used to evaluate all potential impacts, including impacts on surrounding lands, the environment and on public facilities and services.

B. Land dedication. Land shall be dedicated in planned community developments for roads and facilities necessary to serve the development as described by the Comprehensive Plan, the Capital Improvements Program and adopted road improvement programs.

C. Addition of land. The Board of Supervisors may approve the addition of land to an approved planned community through the procedures set forth in this chapter for the original approval of a planned community development.

§ 165-501.03 Permitted uses.

[Amended 5-13-2015; 3-8-2023]

All uses are allowed in the R4 Residential Planned Community District that are allowed in the following zoning districts:

	RP	Residential Performance District
	B1	Neighborhood Business District
	B2	Business General District
	B3	Industrial Transition District
	TM	Technology-Manufacturing District
	M1	Light Industrial District

§ 165-501.04 Conditional uses.

[Amended 5-25-2022; 3-8-2023]

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, provided that a conditional use permit is approved for the use:

	RP	Residential Performance District
	B1	Neighborhood Business District
	B2	General Business District
	B3	Industrial Transition District
	TM	Technology-Manufacturing District
	M1	Light Industrial District

When a rezoning includes proffers that specifically identify allowance for designated conditional uses on the property that is subject to the rezoning, subsequent approval of a conditional use permit for any such designated conditional use(s) shall not be required as long as the use(s) takes place consistent with the terms of the proffers and any master development plan required for the property.

§ 165-501.05 Mixture of housing types required.

Each planned community shall be expected to contain a mixture of housing types that is typical for existing and planned residential neighborhoods in Frederick County. No more than 40% of the area of portions of the planned community designated for residential uses shall be used for any of the following housing types: duplexes, multiplexes, atrium houses, weak-link townhouses, townhouses or garden apartments or any combination of those housing types.

§ 165-501.06 Design requirements.

A. Minimum size. No planned community master development plan nor rezoning to the Residential Planned Community District shall be approved for less than 100 contiguous acres.

B. Dimensional requirements.

(1) Areas shall be specifically designated for each different use on the master development plan. Within those areas, the uses shall meet the applicable dimensional requirements set forth for those uses in the RP, B1, B2 and M1 Zoning Districts.

(2) Alternative dimensional requirement plan. An alternative dimensional plan may be included with the master development plan for the development. This plan shall describe a system of dimensional requirements for all planned uses in the development. When these dimensional requirements are approved, they shall constitute enforceable amendments to this chapter, applying to the land included in the development, and shall replace other dimensional requirements contained in this chapter. Such alternative dimensional requirements shall be based on general concepts described by the plan submitted. The Planning Commission and Board of Supervisors shall only approve an alternative plan if the plan meets all of the intentions of this chapter, conforms to policies set forth in the Comprehensive Plan and follows generally accepted good planning practices.

[Added 6-9-1993]

C. Residential density. The maximum allowed gross density for residences in the planned community development shall be four units per acre.

D. Commercial and industrial areas. The areas used for commercial or industrial uses shall not exceed 50% of the gross area of the total planned community. Sufficient commercial and industrial areas shall be provided to meet the needs of the planned community, to provide an appropriate balance of uses and to lessen the overall impact of the planned community on Frederick County. A minimum of 10% of the gross area of the project shall be used for business and industrial uses.

E. Open space. A minimum of 30% of the gross area of any proposed development shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the development. No more than 50% of the required open space shall be within the following environmental areas: lakes and ponds, wetlands or steep slopes. The Board of Supervisors may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan for the use of these areas. Open space land shall be dedicated to the property owners' association or to Frederick County. Land shall only be dedicated to Frederick County with the approval of the Board of Supervisors.

[Amended 9-26-2012]

F. Recreational facilities. One recreational unit or equivalent recreational facilities shall be provided for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Director of Planning in conjunction with the Department of Parks and Recreation. A recreational unit is designed to meet the recreational needs of 30 dwelling units. The units may be broken into smaller units or added together to meet the needs of the planned community.

[Amended 9-26-2012]

G. Buffers and screening.

(1) Buffers and screening shall be provided between various uses and housing types as if the uses were located in the RP, B1, B2 or M1 Zoning District according to the uses allowed in those districts. Buffers and screening shall be provided accordingly as specified in § 165-203.02 of this chapter. Road efficiency buffers shall be provided according to the requirements of that section. In addition, along the perimeter boundary of the Residential Planned Community District, buffers and screens shall be provided in relation to adjoining properties as if the uses in the planned community were located in the RP, B1, B2 and M1 Zoning Districts.

(2) Alternative buffer and screening plan. An alternative plan for buffers and screening and the separation of uses may be included with the master development plan for the development. This plan shall describe a specific system of buffers, screening and use separation for all planned uses in the development. When these dimensional requirements are approved, they shall constitute enforceable amendments to this chapter applying to the land included in the development and shall replace other buffer and screening requirements contained in this chapter. Such alternative requirements shall be based on general concepts described by the plan submitted. The Planning Commission and Board of Supervisors shall only approve an alternative plan if the plan meets all of the intentions of this chapter, conforms to policies set forth in the Comprehensive Plan and follows generally accepted good planning practices. Buffer and screening requirements for the perimeter boundary of the planned community shall not be included in the alternative buffer and screening plans.

[Added 6-9-1993]

H. Sewer and water facilities. All planned community developments shall be served by public sewer and water facilities owned by or dedicated to a public authority.

I. Road access. All planned community developments shall have direct access to an arterial or collector road or to roads improved to arterial or collector standards. The planned community development shall be provided with a complete system of public streets dedicated to the Virginia Department of Transportation. All roads in the development shall be provided with curbing and gutters. The Zoning Administrator may approve certain exceptions to the requirement for curbs and gutters, if determined to be acceptable by the Director of Public Works, in order to implement a particular stormwater management plan. The road system shall conform with the Frederick County Comprehensive Plan and with road improvement plans adopted by the County.

[Amended 9-26-2012]

J. Pedestrian access. A system of pedestrian access, in the form of paved sidewalks or paved interior walkways, shall be provided to allow walking between every use, structure or recreational facility. Such walkways shall be connected with existing walkways adjacent to the planned community development.

K. Stormwater management. The requirements of § 165-201.09 of this chapter shall apply to the total planned community development.

L. Landscaping. Landscaping shall be in conformance with an overall landscaping plan or unifying concept for the development.

M. Phasing. A schedule of phases shall be submitted with each proposed planned community. The schedule shall specify the year in which each phase will be completely developed. No subdivision or site plans shall be approved in the planned community unless they are in accordance with the approved schedule.

(1) If a Residential Planned Community District is proposed to be developed in phases, over a period of time, common open space shall be provided with each phase in proportion to the fraction of the total area of the development in each phase. Recreational facilities shall be provided with each phase in proportion to the fraction of the total dwelling units in each phase.

(2) Essential street entrances to the planned residential community shall be provided with the initial phases of the development.

(3) A reasonable balance shall be maintained between residential and nonresidential uses. The phasing plan for the development shall include a reasonable portion of the nonresidential uses in all phases of the development.

[Amended 6-9-1993]

N. Property owners' association. All phases of a planned community development shall be included under a single property owners' association according to the requirements of this chapter.

O. Modifications; applicability of other regulations.

[Amended 8-13-2003]

(1) An applicant may request as part of an application for rezoning to the R4 District that a modification to specific requirements of the Subdivision Ordinance,[1] this chapter or other requirements of the Frederick County Code applicable to physical development be granted. The applicant shall demonstrate that the requested modification is necessary or justified in the particular case by a demonstration that the public purpose of these ordinances, as applied to the particular case, would be met to at least an equivalent degree by such modification. The Board of Supervisors may approve or disapprove such request, in whole or in part, following review by the Planning Commission.

[1] Editor's Note: See Ch. 144, Subdivision of Land.

(2) The applicant shall provide sufficient information to enable evaluation of the request by the Board of Supervisors. Materials submitted should include or be supplemented by:

(a) Specification of the Code section(s) to be modified and the proposed alternative standard;

(b) Exhibits demonstrating application of the modified standard such as a detailed plan and/or elevation drawing; and

(c) Identification of the relationship of the modification to the overall community concept.

(3) The planned community development shall conform with all regulations of this chapter and the Frederick County Code unless specifically exempted by this Part 501 or modified by the Board of Supervisors through the rezoning process.