074-09Action:
BOARD OF SUPERVISORS: June 24, 2009 ❑ APPROVED ❑ DENIED
RESOLUTION
CHAPTER 165, ZONING, ARTICLE IV — SUPPLEMENTARY USE
REGULATIONS, SUBSECTION 37 — BUFFER AND SCREENING
REQUIREMENTS
WHEREAS, the Frederick County Planning Department has been directed to prepare
modifications to Chapter 165, Zoning — pertaining to the revision of buffer and screening
requirements.
WHEREAS, The Development Review and Regulations Subcommittee (DRRS)
recommended approval of this amendment on May 28, 2009; and
WHEREAS, the Planning Commission discussed the draft ordinance on June 17, 2009; and
recommended that a public hearing be held;
WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity,
convenience, general welfare, and good zoning practice, directs the Frederick County
Planning Commission hold a public hearing regarding amendments to Chapter 165, Zoning,
Article IV, Supplementary Use Regulations, pertaining to the revision to buffer and
screening requirements.
NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of
Supervisors that the Frederick County Planning Commission shall hold a public hearing to
consider revisions to Chapter 165, Zoning, Article IV, Supplementary Use
Regulations, pertaining to the revision to buffer and screening requirements.
Passed this 24 day of June, 2009 by the following recorded vote:
This resolution was approved by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Aye
Gary W. Dove A y e Bill M. Ewing Ay e
Gene E. Fisher A y e Charles S. DeHaven, Jr. Aye
Philip A. Lemieux Aye
A COPY ATTEST
k;K k—
Jo ley, Jr.
Frederick County Administrator
- Reso. X6074 -09
COUNTY of FREDERICK
n ,� Department of Planning and Development
MEMO FAX: NDUM 540/665 -5651
540/665-6395
To: Frederick County Board of Supervisors
From: Candice E. Perkins, AICP, Senior Planner
Subject: Discussion— Buffer Requirements
Date: June 18, 2009
Buffer and screening requirements in Frederick County are contained in §165-37 of the Zoning
Ordinance. This section of the ordinance regulates the width and content of zoning district
buffers as well as where they are required and when they can be waived or modified. Staff has
encountered various issues regarding the buffer and screening requirements contained within this
section of the ordinance. Specifically, concerns regarding the content of the landscape screening
element and the ability for buffer modifications have been expressed.
Staff has prepared revisions to the Zoning Ordinance to address the issues outlined above.
Specifically the revisions would address the following:
• §165 -37 B, Screening, Landscape screening. The current requirement consists of three
trees per ten linear feet (2/3 evergreen trees and 1/3 deciduous trees). The evergreen trees
are planted at four feet in height and the deciduous trees at two inch caliper. This
requirement results in a buffer that is very dense and will only survive for a few years
until the trees become crowded. The proposed amendment would be to require 1/3
deciduous trees, 1/3 evergreen trees and 1/3 shrubs. The evergreen trees would be
planted at six feet in height, the deciduous trees would remain at two inch caliper and the
shrubs would be planted at eighteen inches in height.
• §165 -37 D, Zoning District Buffers — B2/B3. Proposed revision to remove the zoning
district buffer requirement between the B2 (Business General) and B3 (Industrial
Transition) Districts.
• §165 -37 D, Zoning District Buffers - Waivers. Revision of Subsection 6 to allow the
Zoning Administrator to waive any or all of the requirements for the zoning district
buffers on a particular site plan when all uses shown on the site plan are allowed in the
zoning district in which the development is occurring and in the adjoining zoning
districts.
• §165 -37 D, Zoning District Buffers - Waivers. Addition of a provision to allow the
Zon ing Administrator to waive, reduce or modify buffer yard requirements due to
topography.
• §165 -37 — Other minor revisions to include references to the new OM (Office
Manufacturing Park) District.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
Frederick County Board of Supervisors
Re: Buffer Requirements
Page 2
June 18, 2009
The item was presented to the Development Review and Regulations Committee (DRRC) at
their meeting on May 28, 2009. The DRRC endorsed the changes and recommended it be sent to
the Planning Commission for discussion. The Planning Commission discussed the changes at
their meeting on June 17, 2009. The Planning Commission agreed with the proposed
amendment and recommended that the changes be forwarded to the Board of Supervisors for
discussion.
The attached document shows the existing Ordinance with proposed additions shown in bold
italics and deletions shown in blackline. This item is presented for discussion. Staff is seeking
comments and direction from the Board of Supervisors on this Zoning Ordinance text
amendment; attached is a resolution directing the item to public hearing should the Board deem
it appropriate.
Attachments: 1. Revised ordinance with additions shown in bold red italics and deletions
are shown with a strikethrough.
2. Resolution.
CEP/bad
ATTACHMENT 1
§ 165 -37. Buffer and screening requirements. [Amended 6 -13 -19901
It is the intent of the regulations of this section to encourage proper design of a site in order to
protect adjacent existing uses and to protect proposed uses within the site. Certain types of uses
must be buffered from other types in order to ensure a desirable living environment.
Additionally, appropriate distances must be maintained between commercial, industrial and
residential uses and roads.
A. Distance buffers. Distance buffers are based on the nature of an activity and the proximity to
an activity of a different nature. They are linear distances measured from property lines
inward. Part of the buffer must be inactive and part may be active. The inactive portion
begins at the adjoining property line, as shown in the example diagrams.
(1) Inactive distance buffer. This portion of a buffer area permits no activity except the
necessary utility functions provided by transmission lines, underground conduits, etc.
(2) Active distance buffer. This portion of a buffer area may not be encroached by a
building or other principal structure or activity. However, accessory activities, such as
parking, are permitted in this area. Active buffers shall not contain road rights -of -way.
(3) Whenever proposed developments are adjacent to or within 1,000 feet of the boundaries
of existing uses, the Planning Commission may require increased or additional distance
buffers to separate different uses to achieve the intentions of this section.
B. Screening. Screening is designed to work with distance buffers to lessen the impact of noise
or visual interaction between adjacent activities. There are two levels of screening:
landscape screening and full screening. The higher the levels of screening provided, the
lower the level of distance buffer required. The example diagrams show how this works.
(1) Landscape screening. A landscape screen consists of a totally landscaped easement at
least 10 feet in depth; it is encouraged that the plantings to be spaced appropriately
within the inactive buffer. Within the easement, there shall be a minimum landscaping
density of three plants per 10 linear feet. The buffer shall consist of a combination of
113 deciduous trees, 113 evergreen trees and 113 shrubs. Deciduous trees shall be
planted at a minimum of 2" caliper, evergreen trees shall be a minimum of 6' in height
and shrubs shall be 18" in height at time of planting. , and they shall be eA least fe
feet iii height a4 planning and intended te r-eaeh height ef six feet at matiffity.
There shall be at least dffee speeies ef plai4s, with the majer-ity beifig evergreens and a4
l east 1 / 3 b e i n g e h . �e iiaCufal baffiGTTtepVgrapIIy " or 'other iGZTCRIT7 aG*12evG
the ffinefietis of the landseape 7 the r-equir-ement may be waived by the Plafiing
(2) Full screen. A full screen provides all the elements of a landscape screen and also
includes a six - foot -high, opaque hedge, fence, wall, mound or berm. A 50 foot strip of
mature woodlands weedlead stfip of 50 fiaet may be allowed as a full screen. As
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� 1iiI
(3) Wherever proposed developments are adjacent to existing uses, the Planning
Commission may require additional landscaping or landscaped easements to separate
different uses and to achieve the intentions of this section.
D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land
in certain zoning districts.
(1) Buffers shall be provided on the land to be developed according to the categories in
the following tables:
(a) Buffer categories:
Distance Buffer Required
Inactive Active Total
Screening (Minimum) (Maximum)
Category Provided feet feet feet
(b) [Amended 9 -12 -20011 Buffer categories to be provided on land to be developed
according to the zoning of the adjoining land:
Zoning of Adjoining Land
Zoning of Land
To Be
Developed RP R4 R5
RP - - -
R4
R5
MH 1 C
B1 B
B2 B
B3 C
OM C
M1 C
M2 C
EM C
MS C
C
B
B
C
C
C
C
C
C
C
B
B
C
C
C
C
C
C
MH1
B1
B2
B3
OM
A
No screen
25
25
50
B
Full Screen
25
25
50
B
Landscape screen
75
25
100
B
No screen
150
50
200
C
Full screen
75
25
100
C
Landscape screen
150
50
200
C
No screen
350
50
400
(b) [Amended 9 -12 -20011 Buffer categories to be provided on land to be developed
according to the zoning of the adjoining land:
Zoning of Adjoining Land
Zoning of Land
To Be
Developed RP R4 R5
RP - - -
R4
R5
MH 1 C
B1 B
B2 B
B3 C
OM C
M1 C
M2 C
EM C
MS C
C
B
B
C
C
C
C
C
C
C
B
B
C
C
C
C
C
C
MH1
B1
B2
B3
OM
M1
M2
EM
MS
-
A
A
A
A
A
A
A
A
-
A
A
A
A
A
A
A
A
-
A
A
A
A
A
A
A
A
-
B
B
B
B
B
A
A
C
B
-
-
A
A
A
A
A
B
B
-
-
A
A
A
A
A
B
C
B
R
-
-
-
-
-
C
C
B
B
-
-
-
-
-
C
C
B
B
-
-
-
-
-
C
C
B
B
B
B
B
-
-
C
C
B
B
B
B
B
-
-
C
C
B
B
B
B
B
B
C
-
2
(2) If a lot being developed is adjacent to developed land which would normally be
required to be provided with a buffer but which does not contain the buffer, the
required buffer shall be provided on the lot being developed. The buffer to be
provided shall be of the larger category required on either the lot being developed
or the adjacent land. Such buffer shall be in place of the buffer normally required
on the lot being developed. The buffer may include required setbacks or buffers
provided on the adjacent land.
(3) Whenever land is to be developed in the BI (Neighborhood Business) or B2
(Business, General) Zoning District that is adjacent to land primarily used for
residential use in the RA (Rural Areas) Zoning District, a B Category buffer shall
be provided on the land to be developed. The Board of Supervisors may grant a
waiver to reduce the required buffer distance requirements with the consent of the
adjacent (affected) property owners. Should a waiver be granted by the Board of
Supervisors, the distance requirements of § 165- 37D(1)(a) may be reduced,
provided the full screening requirements of this section are met. [Amended 3 -9-
2005]
(4) Whenever land is to be developed in the B3, OM, M1 or M2 Zoning District that
is adjacent to land primarily used for residential purposes in the RA Rural Areas
Zoning District, a C Category buffer shall be provided on the land to be
developed.
(5) Whenever land is to be developed in the MS Zoning District that is adjacent to
- land primarily used for residential purposes in the RA (Rural Areas) Zoning
District, a C Category buffer shall be provided on the land to be developed.
Whenever land is to be developed in the MS Zoning District that is adjacent to all
other land zoned RA (Rural Areas) Zoning District, the requirements for buffer
and screening shall be provided in accordance with § 165 -102 of this chapter.
[Amended 9- 12- 200121
(6) The Plap.9ing Cemmissie Zoning Administrator may waive any or all of the
requirements for the zoning district buffers on a particular site plan when all uses
shown on the site plan are allowed in the zoning district in which the development
is occurring and in the adjoining zoning districts.
(7) The Zoning Administrator may waive, reduce and/or modify buffer yard
requirements (distance and landscaping) if in his opinion the topography of the
lot providing the buffer yard and the lot being protected is such that the
required yard would not be effective. The buffer may also be modified to
maintain highway sight distances.
Ill r P.M. Ill IN FOM 1
3
appr-eve Any ehange - in use —6 pafeel including - addi —site
altefafiens will require r-e-, by the Plafming Staff and fevie
by the Plafming Cemmissien and may r-esuh in the Geffifflissien r- veking the
(8) [Added 3 -13 -19961 Land proposed to be developed in the OM (Office -
Manufacturing Park), the M1 Light Industrial District and the M2 Industrial
General District may be permitted to have a reduced buffer distance that is
consistent with the required side or rear building setback line, provided that the
following requirements are met:
(a) The property to be developed with a reduced buffer distance is part of an
approved master planned industrial park.
(b) There are no primary or accessory uses within the reduced buffer distance
area, including driveways, access drives, outdoor storage areas, parking
areas, staging areas, loading areas and outdoor dumpster areas. All- weather
surface fire lanes necessary to meet the requirements of Chapter 90, Fire
Prevention, of the Code of Frederick County, Virginia, shall be exempt from
this performance standard.
(c) A full screen is required to be created within the reduced buffer distance
area which shall be comprised of a continuous earth berm that is six feet
higher in elevation than the highest elevation within the reduced buffer
distance area and a double row of evergreen trees that are a minimum of six
feet in height and planted a maximum of eight feet from center to center.
(9) Proposed developments required to provide buffers and screening as determined
by § 165- 37D(1)(b) of this chapter may be permitted to establish a common
shared buffer and screening easement with the adjoining property. The common
shared buffer and screening easement shall include all components of a full screen
which shall be clearly indicated on a site design plan. A legal agreement signed
by all appropriate property owners shall be provided to the Department of
0
Planning and Development and shall be maintained with the approved site design
plan. This agreement shall describe the location of the required buffer within each
property, the number and type of the plantings to be provided and a statement
regarding the maintenance responsibility for this easement. The required buffer
distance may be reduced by 50% for a common shared buffer easement if existing
vegetation achieves the functions of a full screen. [Amended 6 -12 -19961
(10) When a flex -tech development is split by a zoning district line, the Planning
Commission may allow for a reduction of the distance buffer and the relocation of
the screening requirements. Such modifications shall be allowed at the
Commission's discretion, provided that all of the following conditions are met:
[Added 2 -11 -19981
(a) The zoning district boundary line for which the modification is requested is
internal to the land contained within the master development plan.
(b) The required landscape screen is relocated to the perimeter of the flex -tech
development. This relocated, landscape screen shall contain the same
plantings that would have been required had the screen been placed along
the zoning district boundary line.
(11) Whenever land is to be developed in the B1, B2, B3, OM, Ml or M2 Zoning
Districts that is adjacent to a railroad right -of -way that has property zoned B1, B2,
B3, OM, M1 or M2 on the opposite side, Zoning District Buffers shall not be
required. In the event that residential uses are located on the opposite side of the
railroad right -of -way, Zoning District Buffer as required by §165-37D shall be
provided. In the event that a Zoning District Buffer is required the width of the
railroad right -of -way may be counted towards the required Zoning District Buffer
distance. [Added 12 -10 -20081
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