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2. A specific prohibition on crematoriums as accessory uses to cemeteries. This clarification will reinforce the fact that the existing LDRs have a separate use category for crematoriums. Section 911.10(4) allows crematoriums in the CG (Commercial, General) and CH (Commercial,. Heavy) districts. 3. A requirement that a cemetery site be accessed from a Thoroughfare Plan road unless otherwise approved by the public works department. A similar criLerion exists for places of worship in residential areas. The reason such a criterion should be applied to cemeteries is to ensure that cemeteries will be located where cemetery traffic will not be forced to travel on local roads through residential areas. ' 4. A requirement that on-site driveways accommodate the queuing of normal grave -side funeral service traffic (estimated to be 20 automobiles). 5. A requirement that the project engineer certify that the site groundwater characteristics accommodate the normal burial of cemetery and funeral -related structures (e.g. vaults and caskets). With the referenced criteria applied through the special exception process, it is staff's opinion that cemetery uses should be allowed in residential zoning districts. The proposed section 21 . amendments allow such a special exception use and establish* the previously described criteria. Sections 2.-5. These sections contain standard legal wording contained in all LDR amendment ordinances, and do not actually change development regulations. ORDINANCE 2 (see attachment #2) Sections 1. 6 2. Yards fronting subdivision road rights -of -wap with buffers and subdivision road right-of-way buffering. Under current regulations, subdivision developers are allowed to locate new road rights-of-way along the border of a property being subdivided (platted) and adjacent property. Where a right-of-way is to be located next to an adjacent property, current regulations require the subdivision developer to provide landscape improvements between the new subdivision road and the adjacent property. Staff's experience over the last several years is that the requirement has worked well by resulting in effective landscape buffers. Although these landscape requirements mitigate the visual impacts of an adjacent road right-of-way, current regulations affect adjacent property owners with increased setbacks. Current regulations apply front yard setbacks in all circumstances where a property is adjacent to a road right-of-way. These front yard setbacks apply even where the right-of-way is established via a new subdivision, where the right-of-way contains a landscape buffer, and where the right-of-way provides no access to the adjacent property. Thus, in certain circumstances, a new subdivision road right-of-way established along the perimeter of an adjacent property could change a side yard setback into a front yard setback for the adjacent property owner. Such•a change usually results in a setback increase of 101. This increase is beyond the control of the adjacent property owner and restricts the buildable area of the parcel. To correct the negative impact of the existing setback regulations under such circumstances, staff has drafted the section 1 proposed change. It should be noted that, on December 5, 1995, the Hoard of County Commissioners reviewed this proposal and invoked the pending ordinance doctrine to put the proposal into effect "temporarily", while the actual LDR proposal moves through the formal adoption process. In effect, the Board agreed with staff that a correction is needed and that the pending ordinance doctrine should be (and was) invoked to provide relief now for affected property owners. In addition -to addressing the setback problem, staff is also proposing an amendment to clarify under what circumstances development of new roadways must include buffering. Currently, the buffer requirement is found in the double frontage lot subsection of the subdivision ordinance. In staff's opinion, it would be helpful to users of the. ordinance to reference the buffering requirement in the subdivision ordinance subsection that refers to rights-of-way and adjoining property. Therefore, staff'- has proposed the section 2 amendment. Sections 3.- 7. Various corrections to scrivener's errors. .During normal use of the LDRs,. staff has discovered various scrivener's errors that require correction in the published version of the LDRs. Each proposed amendment in sections 3-7 corrects such ,an error. 5 FEBRUARY 13, 1996 Boa 97