Frederick County, VA Part 502 R5 Residential Recreational Community District

§ 165-502.01 Intent.

[Amended 8-9-2000]

The intention of the Residential Recreational Community District is to provide for a carefully planned recreational community which takes advantage of unique natural features and settings. Such communities shall be planned in a fashion that will protect and preserve natural and historic resources and features and that will protect and enhance the natural scenic value of the area to be developed and surrounding areas. The Residential Recreational Community District provides for a mixture of housing types and uses, including age-restricted communities, within a carefully planned setting. Special emphasis is placed on recreational and open space uses. Business and service uses are allowed to meet the needs of residential recreational communities.

§ 165-502.02 Master development plan.

[Amended 3-13-2013]

All land to be contained within the Residential Recreational 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. Innovative design is encouraged. Special care is taken in the approval of R5 developments to ensure that necessary facilities, roads and improvements are available or provided to support the R5 development. Residential recreational community developments shall only be approved in conformance with the policies in the Comprehensive Plan.

§ 165-502.03 Rezoning procedure.

[Amended 8-9-2000]

In order to have land rezoned to the R5 Residential Recreation Community 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 may be accepted as a condition proffered for the rezoning. The master 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 residential recreational community developments for public roads and public 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 recreational residential community through the procedures set forth in this chapter for the original approval of a residential recreational community development.

§ 165-502.04 Permitted uses.

[Amended 8-9-2000]

The following uses are allowed in the R5 Residential Recreational Community District:

A. All uses allowed in the RP Residential Performance District.

B. Age-restricted communities.

C. All uses allowed in the B-1 Neighborhood Business District except for the following:

(1) Car washes.

(2) Funeral homes and crematories.

D. Indoor and outdoor recreational facilities.

E. Preserves and conservation areas.

F. Restaurants.

G. Hotels and lodges.

H. Boat clubs and service areas.

I. Service stations.

J. Private campgrounds.

K. Heliports or air strips.

L. Recreational vehicle storage.

M. General business offices.

N. General merchandise store.

O. Home furnishing store.

P. Public utilities excluding energy-generating facilities.

[Amended 1-8-2020]

Q. Waste recovery and recycling facility.

R. Movie theater.

§ 165-502.05 Conditional uses.

[Added 5-25-2022[1]]

Uses permitted through a conditional use permit in the R5 Residential Recreational 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

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.

[1] Editor's Note: This ordinance also renumbered former § 165-502.05, Design requirements, as § 165-502.06.

§ 165-502.06 Design requirements.

[Amended 8-9-2000]

A. Minimum size. No residential recreational community master development plan nor rezoning to the Residential Recreational Community District shall be approved for less than 500 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 and B2.

(2) In age-restricted communities, garden apartments and townhouses may be approved with alternative dimensional requirements as described in this subsection.

(a) The alternative dimensional requirements for garden apartments shall be as follows:

[1] Front setback:

[a] Thirty-five feet from road right-of-way of public roads, greenways and neighborhood collectors.

[b] Twenty feet from road right-of-way of local streets and from parking areas and driveways.

[2] Side: 50 feet from perimeter boundary.

[3] Rear: 50 feet from perimeter boundary.

[4] Minimum on-site building spacing shall be as follows:

[a] Two-story buildings:

[i] Thirty feet front and side.

[ii] Fifty feet rear.

[b] Three- and four-story buildings:

[i] Forty feet side.

[ii] Fifty feet front and rear.

[5] Maximum building height.

[a] Maximum building height for principal structures shall be 65 feet.

[b] Maximum building height for accessory structures shall be 20 feet.

[6] One and one-half parking spaces shall be provided for each one-bedroom unit, and two parking spaces shall be provided for each two-bedroom unit.

(b) The alternative dimensional requirements for townhouses shall be as follows:

[1] Minimum lot area: 2,000 square feet.

[2] Minimum lot width: 20 feet.

[3] Front setback:

[a] Thirty-five feet from road right-of-way of public roads and greenways.

[b] Twenty feet from road right-of-way of neighborhood collectors, local streets and from parking areas and driveways.

[4] Side: 30 feet from perimeter boundary.

[5] Rear: 50 feet from perimeter boundary.

[6] Minimum building spacing:

[a] Thirty feet side.

[b] Fifty feet front and rear.

[7] Maximum building height.

[a] Maximum building height for principal structures shall be 35 feet.

[b] Maximum building height for accessory structures shall be 20 feet.

[8] Two parking spaces shall be provided per unit.

[9] Supplementary setbacks:

[a] With the townhouse housing type, decks may extend five feet into rear yard setback areas.

[b] Where the townhouse housing type abuts open space, decks may extend up to 12 feet into rear yard setback areas.

[c] Front porches, stoops and steps may extend eight feet into front yard setback areas.

(c) In age-restricted communities, the following landscaping alternative may be provided when utilizing the single-family small lot housing type that front on private streets: minimum landscape plantings, in addition to the required street trees, shall be three trees and 12 shrubs. Trees shall be a minimum of two inches in caliper at time of planting, and shrubs a minimum of 12 inches in height at time of planting.[1]

[1] Editor's Note: Former Subsection B(2)(d), Existing lots, which immediately followed this subsection, was repealed 4-23-2003. See now Subsection B(3).

(3) Existing lots. The Zoning Administrator may allow reduced yard setbacks on existing lots of record, by a distance of up to 25% of the required setback, where topography or other environmental constraints create a hardship. To be considered a hardship, all conditions specified in § 165-1001.02C(5) of this chapter must be met.

[Added 4-23-2003]

C. Residential density. The gross density for residences in the residential recreational community development shall not exceed 2.3 units per acre for the development as a whole.

D. Commercial areas. Not more than 6% of the gross area of a residential recreational community shall be used for commercial uses. Commercial uses shall be located in village centers designated on the approved master development plan. The Board of Supervisors may require the submission of a master development plan depicting the type and location of uses, access and circulation patterns within identified village centers.

[Amended 9-26-2012]

E. Vehicle storage areas shall not exceed eight acres in size, shall be screened from view of any public street or adjoining residential property by a category B buffer utilizing at a minimum a landscape screen and shall comply with the requirements of § 165-203.02 of this chapter.

F. Open space. A minimum of 35% 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 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. When communities are approved with private streets, a minimum of 45% of open space shall be required.

[Amended 9-26-2012; 7-9-2014]

G. 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. When the single-family small lot housing type is used, the requirements of § 165-402.08, Recreational facilities, shall be met.

[Amended 9-26-2012]

H. Buffers and screening. Buffers and screening shall be provided between various uses and housing types as if the uses were located in the RP, B1 or B2 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 Recreational 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 and B2 Zoning Districts. The Board of Supervisors may allow alternative methods for achieving buffer and screening requirements and may waive the interior residential screening and road efficiency buffer requirements in age-restricted communities.

[Amended 9-26-2012]

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

J. Road access. All residential recreational community developments shall have direct access to an arterial or collector road or to roads improved to arterial or collector standards.

K. Streets. The residential recreational community development shall be provided with a complete system of public streets dedicated to the Virginia Department of Transportation. The road system shall conform with the Frederick County Comprehensive Policy Plan and with road improvement plans adopted by the County.

[Amended 9-26-2012]

(1) Within any portion of a residential recreational community, the Board of Supervisors may waive the public street requirement and allow for the installation of private streets, provided that a program for the perpetual maintenance of all streets is provided which is acceptable to the Board of Supervisors and the Transportation Planner. All private streets shall meet the following VDOT standards:

[Amended 7-9-2014]

	i.	All structural section design standards;
	ii.	Material composition and quality standards;
	iii.	Construction standards, techniques, and workmanship quality standards;
	iv.	Drainage and stormwater management systems;
	v.	All the design, testing and materials, and in-place quality testing and as-built drawings for the road system must be certified by the developer, the builder, and a registered professional engineer in the State of Virginia, that the roads meet all of VDOT structural and quality standards, and the plans are submitted to the Frederick County Engineer and the Frederick County Planning Department.

(a) Three classes of private streets permitted shall be identified on a MDP as follows:

[1] Greenways. All private streets with a projected ADT of over 3,000 shall have a minimum right-of-way of 50 feet and shall have no direct lot frontage. Greenways shall be lined on both sides with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. Along the portions of right-of-way which abut mature woodland, the Planning Director may waive the requirement for street trees. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 miles per hour (mph).

[2] Neighborhood collectors. All private streets with a projected ADT of over 400 shall have a minimum right-of-way of 50 feet and may have lot frontage. Neighborhood collectors shall be lined on both sides with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 mph.

[3] Local streets. All private streets with a projected ADT of 400 or less shall have a minimum right-of-way of 30 feet and may have lot frontage. Local streets shall be lined with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. The horizontal center-line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 20 mph.

(b) Developments utilizing private streets shall meet the following conditions:

[1] The plan for the development shall include 1,000 or more planned lots.

[2] The subdivision design plans and final subdivision plats for all lots that utilize private streets shall include language that states, “The private streets within this development are not intended for inclusion in the system of state highways and will not be maintained by VDOT or Frederick County. Frederick County and VDOT have no, and will have no, responsibility for the maintenance, repair, or replacement of the private streets within this development. The maintenance and improvement of said private streets shall be the sole responsibility of the property owners’ association.”

[3] The developer shall establish a reserve fund dedicated solely for the maintenance of the private streets within the development. The reserve fund shall consist of a specified percentage of all dues collected from the residents as determined by the developer. The percentage may be reduced by the developer or the property owners’ association only after a reserve study has been completed and said study shows that a lesser amount is necessary to maintain the private street system within the development. The property owners’ association shall complete a capital reserve study on a biennial basis, and such study will be used as the basis of the reserve funding. Such reserve study shall be held at the office of the property owners’ association and available for review by the County, if requested.

[4] Sales brochures or other literature and documents, provided by the seller of lots served by such private streets, shall include information regarding responsibility for maintenance, repair, replacement, and covenants pertaining to such lots, including a statement that the County has no, and will have no, responsibility for the maintenance, repair, or replacement of private streets.

(2) Within R-5 residential recreation community developments approved prior to 1980, the Board of Supervisors may allow the extension of existing private roads if no other means of access is available.

(3) Within developments utilizing private streets, a certified professional engineer, licensed in the State of Virginia, shall be employed by the developer to monitor and supervise the materials used; the adequacy of the subgrade; the installation of drainage structures, curb and gutter and all concrete items; and all road, driveway and parking area construction activities, including material compaction, grading tolerances and compliance with the plans and specifications. Prior to bond release, the certified professional engineer, licensed in the State of Virginia, shall provide the County with certification that the bonded phase or section of construction met density requirements; that all material depths were verified for compliance; and that the road and parking areas have been constructed in strict accordance with the plans and specifications.

[Added 7-9-2014]

L. Curb and gutter. All public and private streets shall be provided with curb and gutter.

M. Alternative access. A combined system of pedestrian and/or bicycle access, in the form of paved sidewalks, interior walkways or bike paths, shall be provided to allow walking or bicycling between every use, structure or recreational facility. Such access shall be connected with existing travelways adjacent to the residential recreational community development. In age-restricted communities, at the time of master development plan review, the Board of Supervisors may allow local streets without sidewalks to be used and incorporated into the system of pedestrian and bicycle access. The type and nature of trails to be used shall be identified, detailed and approved on the master development plan.

[Amended 9-26-2012; 3-13-2013]

N. Stormwater management. The requirements of § 165-201.09 of this chapter shall apply to the total residential recreational community development.

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

P. Phasing. If a Residential Recreational Community District is proposed to be developed in phases, common open space shall be provided within 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. Essential street entrances to the planned residential community shall be provided with the appropriate phases of the development as scheduled on the approved master development plan.

Q. Property owners' association. A single property owners' association shall be provided for all phases of a recreational community development according to the requirements of § 165-201.11 of this chapter.

R. Environmental protection. Upon recommendation of the Planning Commission, the Board of Supervisors may allow waivers of, or variations to, the environmental requirements of § 165-201.08 of this chapter in residential recreational communities. Such waivers shall be shown on the master development plan. In such cases, the environmental features and their function shall be preserved to the greatest extent possible.

S. Other regulations. The residential recreational community development shall conform with all regulations of this chapter and the Frederick County Code unless specifically exempted by this Part 502.