022-08Action:
BOARD OF SUPERVISORS: October 8, 2008 ID APPROVED ❑ DENIED
RESOLUTION
Chapter 165, Zoning, Article IV, Supplementary Use Regulations
Revision to Buffer and Screening Requirements
WHEREAS, the Frederick County Planning Department has been directed to prepare
modifications to Chapter 165, Zoning, Article IV, Supplementary Use Regulations,
pertaining to the revision of buffer and screening requirements.
WHEREAS, The Development Review and Regulations Subcommittee (DRRS)
recommended approval of this amendment on August 28, 2008; and
WHEREAS, the Planning Commission discussed the draft ordinance on September 17,
2008; 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 8th day of October 2008 by the following recorded vote:
This resolution was approved by the following recorded vote:
Richard C. Shickie, Chainnan Aye Gary A. Lofton Aye
Gary W. Dove A y e Bill M. Ewing Aye
Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye
Aye
Philip A. Lemieux
A Oedernick Y AT S
J , Jr.
F ounty Administrator
BOS Res. #022 -08
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 C
Subject: Board of Supervisors Discussion — Proposed Zoning Ordinance Text Amendment
Buffer Requirements Adjacent to Railroads
Date: September 29, 2008
Per the Frederick County Zoning Ordinance, Zoning District Buffers are required to be provided
when property is developed adjacent to other uses or other zoning districts per §165 -37D. The
section of the ordinance does not, however, address buffering requirements when the zoning districts
are separated by a railroad right -of -way. Staff has been directed to prepare a revision to the Zoning
Ordinance to address properties adjacent to railroad right -of -ways. The proposed text would be
added to § 165 -37D and is proposed to state the following:
§165 -37D. Buffer and Screening Requirements.
§165 -37D
(11) Whenever land is to be developed in the B1, B2, B3, MI or M2 Zoning Districts that is
adjacent to a railroad right -of -way that has property zoned B1, B2, B3, 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.
The item was presented to the Development Review and Regulations Subcommittee (DDRS) at their
meeting on August 28, 2008. The DRRS had minor changes to the wording of the proposed text and
ultimately recommended it be sent to the Planning Commission for discussion. The Planning
Commission then discussed this item at their meeting on September 17, 2008 and were supportive of
the ordinance as presented.
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. Proposed Ordinance Revision ( § 165 -37D).
CEP/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
ATTACHMENT 1
§ 165 -37. Buffer and screening requirements. [Amended 6 -13 -19901
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
Zoning of Adjoining Land
Zoning of Land
Inactive
Active
Developed
RP
Screening (Minimum)
(Maximum)
Total
Category Provided feet
feet
(feet)
A
Full screen - --
- --
- --
A
Landscape screen - --
- --
- --
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)
Buffer categories to be provided on land to be
developed according to the zoning
B
of the adjoining land: [Amended 9 -12 -20011
B
-
Zoning of Adjoining Land
Zoning of Land
To Be
MHl
Developed
RP
RP
-
R4
-
R5
-
MH 1
C
B1
B
B2
B
B3
C
Ml
C
M2
C
EM
C
MS
C
R4
R5
MHl
B1
B2
B3
Ml
M2
EM
MS
-
-
-
A
A
A
A
A
A
A
-
-
-
A
A
A
A
A
A
A
-
-
-
A
A
A
A
A
A
A
C
C
-
B
B
B
B
A
A
C
B
B
B
-
-
A
A
A
A
B
B
B
B
-
-
A
A
A
A
B
C
C
C
B
B
-
-
-
-
C
C
C
C
B
B
-
-
-
-
C
C
C
C
B
B
B
B
-
-
C
C
C
C
B
B
B
B
-
-
C
C
C
C
B
B
B
B
B
C
-
ATTACHMENT 1
(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 -20051
(4) Whenever land is to be developed in the B3, 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.1 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- 20012]
(6) The Planning Commission 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) Where B3 (Industrial Transition) zoning adjoins B2 (Business General) zoning on
land contained within a master development plan, the Planning Commission may
allow for specific modifications in screening requirements. [Added 4 -12 -19951
(a) Such modifications shall be allowed at the Commission's discretion, provided
that all the following conditions are met.
[ 1 ] The property line for which the modification is requested is internal to the
land contained within the master development plan.
[2] A specified use is proposed on the parcel for which the modification is
requested.
ATTACHMENT 1
[3] The modification shall not involve a reduction to required buffer
distances.
[4] The proposed components of the buffer are clearly indicated on a site
plan for the parcel.
[5] The site plan is reviewed and approved by the Planning
Commission.
(b) The approval of modified screening shall apply only for the specified use
approved. Any change in use of the parcel including additions for site alterations
will require review by the Planning Staff and may require review by the Planning
Commission and may result in the Commission revoking the modified screening
approval.
(8) Land proposed to be developed in 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: [Added 3 -13 -19961
(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- 371)(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
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
ATTACHMENT 1
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 -1996]
(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 BI, B2, B3, MI or M2 Zoning Districts
that is adjacent to a railroad right -of -way that has property zoned BI, B2, B3,
MI 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.
Action:
BOARD OF SUPERVISORS: October 8, 2008 ❑ APPROVED ❑ DENIED
RESOLUTION
Chapter 165, Zoning, Article IV, Supplementary Use Regulations
Revision to Buffer and Screening Requirements
WHEREAS, the Frederick County Planning Department has been directed to prepare
modifications to Chapter 165, Zoning, Article IV, Supplementary Use Regulations,
pertaining to the revision of buffer and screening requirements.
WHEREAS, The Development Review and Regulations Subcommittee (DRRS)
recommended approval of this amendment on August 28, 2008; and
WHEREAS, the Planning Commission discussed the draft ordinance on September 17,
2008; 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 8th day of October, 2008 by the following recorded vote:
This resolution was approved by the following recorded vote:
Richard C. Shickle, Chairman Gary A. Lofton
Gary W. Dove
Gene E. Fisher
Philip A. Lemieux
Bill M. Ewing
Charles S. DeHaven, Jr.
A COPY ATTEST
John R. Riley, Jr.
Frederick County Administrator