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073-09Action: BOARD OF S�TPERVISORS: June 24, 2009 ❑ APPROVED ❑ DENIED RESOLUTION CHAPTER 165, ZONING, ARTICLE IV — SUPPLEMENTARY USE REGULATIONS, SUBSECTION 36 — LANDSCAPING REQUIREMENTS - AMENDMENT TO REMOVE LANDSCAPING REQURRMENTS FROM MAJOR RURAL AND RURAL PRESERVATION SUBDIVISIONS. WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning — for an amendment to remove the landscaping requirements as applied to major rural subdivisions and rural preservation subdivisions. WHEREAS, The Development Review and Regulations Committee (DRRC) 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 — for an amendment to remove the landscaping requirements as applied to major rural subdivisions and rural preservation subdivisions. 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 — for an amendment to remove the landscaping requirements as applied to major rural subdivisions and rural preservation subdivisions. 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 A y e Gary A. Lofton Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher A y e Charles S. DeHaven, Jr. Aye Philip A. Lemieux Aye A COPY ATT T //"/ - - - - — Jahn ey, Jr. Frediafck County Administrator BOS Res. #073 -09 COUNTY of FREDERICK Department of Planning and Development 540/665 - MEMORANDUM 6395 FAX: 540/ 665 -6395 To: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planner 6 Subject: Discussion— Landscaping Requirements in the RA District Date: June 18, 2009 Staff has been directed to prepare a Zoning Ordinance amendment to remove the landscaping requirements contained in § 165 -36 as it pertains to the RA (Rural Areas) District. Currently this section of the Zoning Ordinance states that residential developments which require a preliminary sketch plan must provide one of three types of landscaping (street trees, ornamental, or tree preservation). If the street tree option is chosen, street trees must be provided for every 40 feet of road frontage; if the ornamental option is chosen, ten ornamental trees must be provided per lot; and the tree preservation option would require the rural subdivisions to create permanent open space to protect the trees. Staff has prepared a revision to §165-36 to remove the landscaping requirement from the RA (Rural Areas) District. The item was presented to the Development Review and Regulations Committee (DRRC) at their meeting on May 28, 2009. The DRRC was presented with an option to reduce the street tree requirement in the RA District, but the Committee preferred to see the requirements eliminated. The DRRC endorsed the removal of the requirement and recommended it be sent to the Planning Commission for discussion. The Planning Commission discussed this proposed amendment 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 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 italics and deletions are shown with a strikethrough. 2. Resolution CEP/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601 -5000 ATTACHMENT 1 § 165 -36. Landscaping requirements. [Amended 4-23 -20031 The requirements of this section are intended to enhance the appearance, environment and general welfare of the citizens of Frederick County by providing minim landscaping standards and encouraging tree preservation for residential developments. A. Residential developments. Residential developments which require a master development plan, subdivision design plan, or site plan plan-shall provide at least one of the three types of landscaping identified below. (1) Street tree landscaping. Street tree landscaping shall require one street tree for every 40 feet of street frontage in a residential development, with the exception of a frontage on roads which require a road efficiency buffer. Street trees shall be planted no more than 20 feet from rights -of -way. Planting street trees on the property lines of building lots should be avoided. Two or more street trees shall be planted on each building lot. The Zoning Administrator may allow fewer than two street trees for an individual building lot if topographical features, utilities, easements or the width of the lot makes it impractical to do so. All street trees shall comply with the requirements of § 165 -36B, with the exception that street trees must be at least two - and- one - half -inch caliper at the time of planting. (2) Ornamental landscaping. (a) Ornamental landscaping shall be provided for residential developments based on the following index and matrix: Lot Type A Index of lot Types Description M of RuFal Q„bdi „ L ot B v uvui vi.�.:.".... la,, P reset ..,tio Subdivision Tot A G Single - Family Detached Rural Traditional B D Single - Family Detached Traditional C B Single - Family Detached Urban D F Single- Family Detached Cluster E G Single - Family Detached Zero Lot Line F-14 Single - Family Small Lot G4 Duplex H J Multiplex IK Atrium House J L Weak -Link Townhouse K M Townhouse L N Garden Apartment Required Landscaping Per Dwelling Unit Lot Type Ornamental Shrubs Ornamental Trees A N I p er- 1 i v r ...au B No 10 per 1 .::�: ATTACHMENT 1 A E None 10 per 1 unit BD 10 per 1 unit 5 per 1 unit C E 10 per 1 unit 5 per 1 unit ,D F 10 per 1 unit 5 per 1 unit E G 10 per 1 unit 5 per 1 unit F44 15 per 1 unit 5 per l unit G4 15 per 1 unit* 5 per 1 unit* Hi 3 per 3 units* 1 per 3 units* I K 3 per 4 units* 1 per 4 units* JL 6 per 5 units* 2 per 5 units* KM 6 per 5 units* 2 per 5 units* L N 3 per 2 units* 1 per 2 units* Note: *Required ornamental trees and shrubs are in addition to all trees and shrubs elsewhere required in the Zoning Ordinance. (b) Ornamental trees and shrubs shall comply with the requirements of § 165 - 36B. The Zoning Administrator may allow some of the required ornamental trees and ornamental shrubs to be planted in areas of common open space so long as the intent of the section is met. (3) Tree preservation landscaping. An area with a tree canopy coverage, of at least 25% of the entire site area, shall be preserved within dedicated open space. In no case shall individual building lots be located within the open space. Canopy coverage shall be calculated from the cumulative total of existing tree canopies. Preserved trees shall be clustered together to maintain a contiguous canopy; and shall be protected from construction activity. These areas of open space may be counted towards the total required open space, as specified in § 165 -63. Residential developments which are not required to have open space by § 165 -63 are not exempt from creating open space for the required canopy coverage. The calculation of tree canopy shall be based on either the individual tree standards of the "Manual of Wood Landscape Plants," written by Michael A. Dirr, or through a comprehensive analysis of existing tree drip lines, conducted by a Virginia certified engineer, land surveyor or landscape architect.