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DRRC 02-27-14 Meeting Agenda Item #1: Landscaping Requirements – Business Friendly Recommendations In October of 2012 the Board of Supervisors formed the Frederick County Business Climate Assessment Committee (also called the Business Friendly Committee) to evaluate the current processes and procedures being utilized by the County. The purpose of the effort was to search for ways that the County could better meet the needs of new and existing businesses in the community. The Committee’s final report was adopted by the Board of Supervisors in July of 2013. One recommendation contained in the report was to review the landscaping requirements contained in the Zoning Ordinance. The DRRC reviewed the suggested changes at the October 2013 and January 2014 meetings. One of the recommendations was to relocate the parking lot landscaping requirements into the primary landscaping section and the DRRC agreed with this suggestion. The attachment shows the changes recommended by the DRRC at the January meeting. Staff is requesting a recommendation from the DRRC on this proposed ordinance amendment. This recommendation will be forwarded to the Planning Commission and Board of Supervisors. Attachments: 1. Revised ordinance with additions shown in bold italics and deletions are shown with a strikethrough. Chapter 165 – Landscaping Sections 1 Part 202 – Off-Street Parking, Loading and Access § 165-202.01 Off-street parking; parking lots. D. Parking lots. Parking spaces shared by more than one dwelling or use, required for any use in the business or industrial zoning district or required for any institutional, commercial or industrial use in any zoning district shall meet the following requirements: (13) Landscaping. Parking lots in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office- Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District, the MS Medical Support District, and the HE (Higher Education) District shall be landscaped to reduce the visual impact of glare and headlights on adjoining properties and rights-of-way. Parking lots shall be adequately shaded to reduce reflected heat. In the RA (Rural Areas) District, parking lot landscaping shall not be required for parking lots with 10 or fewer spaces. Landscaping shall also be provided to reduce the visual expansiveness of parking lots. Landscaping shall be provided in such parking lots as follows: a) Perimeter landscaping. The perimeter of all impervious areas shall be landscaped with shade trees and other landscaping. One tree shall be provided for every 2,000 square feet of impervious area for the first 100,000 square feet of the entire site. One tree shall be provided for every 5,000 square feet in excess of the first 100,000 square feet of the entire site. Self-service storage facilities shall provide one tree per 10,000 square feet of impervious area of the entire site, in addition to the trees required in § 165-204.18, Storage facilities. The perimeter landscaping trees shall be reasonably dispersed throughout the parking lot. A three-foot-high evergreen hedge, fence, berm or wall shall be provided to prevent headlights from shining on public rights-of-ways and adjoining properties. All perimeter landscaping shall comply with the requirements of §165-203.01B, Plant selection, planting procedure and maintenance. b) Interior landscaping. A minimum of 5% of the interior portions of parking lots shall be landscaped for the purpose of providing shade trees. Such interior landscaping shall be provided on raised islands and in continuous raised strips extending the length of a parking bay. Within the parking lot, raised islands and landscaped areas should be uses to delineate traffic and pedestrian circulation patterns. No less than one shade tree shall be provided in the interior of the parking lot for each 10 parking spaces. The Zoning Administrator may waive the requirement for interior landscaping for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed. The Zoning Administrator may approve alternative locations for interior landscaping for parking lots used for truck parking, as well as other parking lots, when it would improve the overall quality of the landscape plan. Chapter 165 – Landscaping Sections 2 All interior landscaping shall comply with the requirements of § 165-203.01B, Plant selection, planting procedure and maintenance. Part 203 – Buffers and Landscaping § 165-203.01 Landscaping requirements. The requirements of this section are intended to enhance the appearance, environment, and general welfare of Frederick County by providing minimum landscaping standards and encouraging tree preservation for developments. The provisions of this section shall apply to all site plan and subdivision design plan applications, including the revision or expansion of any site or development. A. Residential Developments and Parking Lots in all Zoning Districts. (1) Residential developments. Residential developments which require a master development plan, subdivision design plan or site plan shall provide at least one of the three types of landscaping identified below. (a) 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 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 § 165-203.01B C, with the exception that street trees must be at least two-and-one-half-inch caliper at the time of planting. (b) Ornamental landscaping. (i) Ornamental landscaping shall be provided for residential developments based on the following index and matrix: Index of Lot Types Lot Type Description A Single-Family Detached Rural Traditional B Single-Family Detached Traditional C Single-Family Detached Urban D Single-Family Detached Cluster E Single-Family Detached Zero Lot Line Chapter 165 – Landscaping Sections 3 (ii) Ornamental trees and shrubs shall comply with the requirements of § 165-203.01B. 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 this section is met. (c) 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 § 165-402.07. Residential developments which are not required to have open space by § 165-402.07 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 Woody Landscape Plants," F Single-Family Small Lot G Multiplex H Townhouse, Back-to-Back Townhouse I Garden Apartment, Multifamily Residential Buildings Age Restricted Multifamily Housing Required Landscaping Per Dwelling Unit Lot Type Ornamental Shrubs Ornamental Trees A None 10 per 1 unit B 10 per 1 unit 5 per 1 unit C 10 per 1 unit 5 per 1 unit D 10 per 1 unit 5 per 1 unit E 10 per 1 unit 5 per 1 unit F 15 per 1 unit 5 per 1 unit G 3 per 3 units* 1 per 3 units* H 6 per 5 units* 2 per 5 units* I 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. Chapter 165 – Landscaping Sections 4 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. (2) Parking lots. Parking spaces shared by more than one dwelling or use, required for any use in the business or industrial zoning district or required for any institutional, commercial or industrial use in any zoning district shall meet the following requirements: (a) Landscaping. Parking lots in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office-Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District, the MS Medical Support District, and the HE (Higher Education) District shall be landscaped to reduce the visual impact of glare and headlights on adjoining properties and rights-of-way. Parking lots shall be adequately shaded to reduce reflected heat. In the RA (Rural Areas) District, parking lot landscaping shall not be required for parking lots with 10 or fewer spaces. Landscaping shall also be provided to reduce the visual expansiveness of parking lots. Landscaping shall be provided in such parking lots as follows: (i) Perimeter landscaping. The perimeter of all impervious areas shall be landscaped with shade trees and other landscaping. One tree shall be provided for every 2,000 square feet of impervious area for the first 100,000 square feet of the entire site. One tree shall be provided for every 5,000 square feet in excess of the first 100,000 square feet of the entire site. Self-service storage facilities shall provide one tree per 10,000 square feet of impervious area of the entire site, in addition to the trees required in § 165-204.18, Storage facilities. The perimeter landscaping trees shall be reasonably dispersed throughout the parking lot. A three-foot-high evergreen hedge, fence, berm or wall shall be provided to prevent headlights from shining on public rights-of-ways and adjoining properties. All perimeter landscaping shall comply with the requirements of §165-203.01B, Plant selection, planting procedure and maintenance. (ii) Interior landscaping. A minimum of 5% of the interior portions of parking lots shall be landscaped for the purpose of providing shade trees. Such interior landscaping shall be provided on raised islands and in continuous raised strips extending the length of a parking bay. Within the parking lot, raised islands and landscaped areas should be uses to delineate traffic and pedestrian circulation patterns. No less than one shade tree shall be provided in the interior of the parking lot for each 10 parking spaces. The Zoning Administrator may waive the requirement for interior landscaping for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed. The Zoning Administrator may approve alternative locations for interior landscaping for Chapter 165 – Landscaping Sections 5 parking lots used for truck parking, as well as other parking lots, when it would improve the overall quality of the landscape plan. B. Plant selection, planting procedure, and maintenance. (1) Plant selection. Based on the type of landscaping, required trees and shrubs shall be selected from the table of acceptable trees and shrubs shown below. Types of Landscaping Street tree landscaping (street) Ornamental landscaping (ornamental) Tree preservation landscaping (canopy) Interior and perimeter landscaping (shade), Buffer screening and parking lot screening (screen), Deciduous buffer element (street, canopy, shade), buffer shrub element (shrub or screen) Acceptable Trees and Shrubs Common Name Scientific Name Types of Landscaping Permitted Amur Maple Acer ginnala Street, shade, canopy, ornamental European Hornbeam Carpinus betulus Street, shade, canopy, ornamental Hop Hornbeam Ostrya virginiana Street, shade, canopy, ornamental Katsura Tree Cercidiphyllum japonicum Street, shade, canopy, ornamental Ginkgo (male) Ginkgo biloba Street, shade, canopy, ornamental Thornless Honey Locust Gleditsia triacanthos inermis Street, shade, canopy, ornamental Golden-Rain Tree Koelreuteria paniculata Street, shade, canopy, ornamental Flowering Crabapple Malus (disease resistant varieties) Street, shade, canopy, ornamental Chinese Pistache Pistacia chinensis Street, shade, canopy, ornamental Linden Tilia (all varities) Street, shade, canopy, ornamental Chapter 165 – Landscaping Sections 6 Lacebark Elm Ulmus parvifolia Street, shade, canopy, ornamental Japanese Zelkova Zelkova serrata Street, shade, canopy, ornamental Red Oak Quercus rubra Street, shade, canopy, ornamental White Oak Quercus alba Street, shade, canopy, ornamental Scarlet Oak Quercus coccinea Street, shade, canopy, ornamental Sawtooth Oak Quercus acutissima Street, shade, canopy, ornamental Kentucky Coffeetree Gymnocladus diocus Street, shade, canopy, ornamental Dawn Redwood Metasequoia glyptostroboides Street, shade, canopy Swamp Chestnut Oak Quercus michauxii Street, shade, canopy Willow Oak Quercus phellos Shade, canopy, ornamental Bald Cypress Taxodium distichum Street, shade, canopy Red Maple Acer rubrum Shade, canopy, ornamental Freeman Maple Acer freemanii Shade, canopy, ornamental Sugar Maple Acer saccharum Shade, canopy, ornamental Paperbark Maple Acer griseum Shade, canopy, ornamental American Sycamore Platanus occidentallis Shade, canopy, ornamental London Plane Tree Platanus acerifolia Shade, canopy, ornamental Sweetgum Liquidambar styraciflua Shade, canopy, ornamental Copper Beech Fagus sylvatica 'Riversii' Shade, canopy, ornamental Weeping Beech Fagus pendula Shade, canopy, ornamental European Beech Fagus sylvatica Shade, canopy, ornamental Chapter 165 – Landscaping Sections 7 River Birch Betula nigra Shade, canopy, ornamental Star Magnolia Magnolia stellata Shade, canopy, ornamental Saucer Magnolia Magnolia x soulangiana Shade, canopy, ornamental Black Gum Nyssa sylvatica Shade, canopy, ornamental Yellowwood Cladrastis kentukea Shade, canopy, ornamental Downy Serviceberry Amelanchier arborea Shade, canopy, ornamental Hawthorn Crataegus plaenopyrum, Crataegus viridis Shade, canopy, ornamental Sourwood Oxydendrum arboreum Shade, canopy, ornamental Tuliptree Liriodendron tulipifera Shade, canopy, ornamental Paw Paw Asimina triloba Shade, canopy, ornamental Dogwood Cornus florida, Cornus kousa, Cornus hybrid Shade, ornamental Flowering Cherry Prunus (all varieties of Flowering Cherry) Shade, ornamental Cornelian Cherry Cornus mas Shade, ornamental Eastern Redbud Cercis canadensis Shade, ornamental American Plum Prunus americana Shade, ornamental Japanese Maple Acer palmatum Shade, ornamental Douglas Fir Pseudotsuga menziesii Screen, ornamental White Fir Abies concolor Screen, ornamental Spruce Picea (all varieties) Screen, ornamental Japanese Umbrella Pine Sciadopitys verticillata Screen, ornamental Hinoki False Cypress Chamaecyparis obtusa Screen, ornamental White Pine Pinus strobus Screen, canopy Western Arborvitae Thuja plicata Screen, ornamental Chapter 165 – Landscaping Sections 8 Eastern Arborvitae Thuja occidentalis (all varieties) Screen, ornamental Leyland Cypress Cupressocyparis x leylandi Screen, ornamental Japanese Cedar Cryptomeria japonica Screen, ornamental Viburnum (Evergreen) (all evergreen/semi-evergreen varieties) Screen, ornamental, shrub Yew Taxus (all varieties) Screen, ornamental, shrub Holly Ilex (all varieties) Screen, ornamental, shrub Common Boxwood Buxus sempervirens Screen, ornamental, shrub Juniper Juniperus (all varieties) Screen, ornamental, shrub Abelia (All varieties) Screen, ornamental, shrub Witchhazel Hamamelis vernalis Ornamental, shrub White Fringetree Chionanthus virginicus Ornamental, shrub Slender Deutzia Deutzia gracilis Ornamental, shrub Althea Hibiscus syriacus Ornamental, shrub Vicary privet Ligustrum x vicaryi Ornamental, shrub Sweet Mockorange Philadelphus coronarius Ornamental, shrub Japanese pieris Pieris japonica Ornamental, shrub Cotoneaster (All varieties) Ornamental, shrub Spirea (All varieties) Ornamental, shrub Weigela (All varieties) Ornamental, shrub Forsythia (All varieties) Ornamental, shrub Dwarf Fothergilla Fothergilla gardenii Ornamental, shrub Buttonbush Cephalanthus occidentalis Ornamental, shrub Japanese pagodatree Sophora japonica Ornamental, shrub Chastetree Vitex agnus-castus Ornamental, shrub Chapter 165 – Landscaping Sections 9 (2) Planting procedure. All required trees and shrubs shall meet the specifications and procedures established by the American Nursery and Landscape Association. a) All trees shall be planted no closer than three feet to the edge of sidewalks, curb or other pavement. b) Deciduous trees shall be a minimum of two-inch caliper at the time of planning. c) Only single stem trees shall be planted as street trees. d) Evergreen trees shall be a minimum of four feet in height at the time of planting. Shrubs shall be a minimum three-gallon container at the time of planting. In addition to the three- gallon container requirement, parking lot screening shrubs shall be a minimum of 36” in height at time of planting and buffer shrubs shall be a minimum of 18” in height at time of planting. Spacing of parking lot screening shrubs shall be no greater than four (4) feet on center. e) Only trees having a mature height of less than 20 feet shall be located under overhead utility lines. f) Measurement of Size. Caliper is measured six (6) inches above the ground up to and including four (4) inch caliper size, and twelve (12) inches above the ground for larger sizes. Diameter at breast height (dbh) will be measured at the height of 54 inches from the base of the trunk or as otherwise allowed in the Guide for Plant Appraisal. (3) Maintenance. The owner, developer, and/or builder who is responsible for planting required landscaping shall be responsible for maintaining it in a state of good health for one year after Standard Nandina Nandina domestica Ornamental, shrub Purple Plum Prunus cerasifera Ornamental Crape Myrtle Lagerstroemia indica Ornamental Persian parrotia Parrotia persica ornamental Hydrangea (all varieties) Ornamental Mugo pine Pinus mugo Ornamental Itea (All varieties) Ornamental Aronia (All varieties) Ornamental Clethra (All varieties) Ornamental Azalea Rhododendron (All varieties) Ornamental Rhododendron (All varieties) Ornamental Northern Bayberry Myrica pensylvanica Ornamental Meyer Lilac Syringa meyeri ‘Palibin’ Ornamental Chapter 165 – Landscaping Sections 10 planting. After one year, from the date occupancy is approved, the individual property owner and/or homeowner's association shall become responsible for maintenance. As long as the intent of this section is met, the Zoning Administrator may waive the requirement for landscaping on individual building lots when a hazard or nuisance exists. C. Existing tree credits. If the intent of § 165-203.01 is satisfied, including species type and location, existing trees that are preserved may be counted towards the total number of required trees for residential developments. Commercial and industrial developments may utilize existing tree credits when calculating the required number of parking lot trees, as required in § 165-202.01D(13), if the preserved trees are shown on an approved site plan and serve the intent of interior and perimeter landscaping. The following table shows the credit given for each preserved tree, based on the tree's caliper: D. Enforcement procedures. The Zoning Administrator may require a bond with surety or other acceptable guaranties to insure the completion of required improvements. Such guaranties shall be in the estimated amount of the required improvements. Such guaranties shall be for a period of completion set by the Zoning Administrator with consultation with the applicant. Such guaranties shall be released when the required improvements have been completed. Caliper (inches) Tree Credit 4 to 6 1 7 to 12 2 13 to 18 3 19 to 29 4 Greater than 30 5 Item #2: Height Exemptions At the DRRC’s January meeting, potential revisions to the current height exceptions were discussed. Ultimately the DRRC had concerns with many of the exemptions and requested additional information. Staff has provided the list of height exemptions along with definitions that pertain to each listed item. Staff would like to discuss with the DRRC the current Ordinance requirements and potential elimination or revisions to the height exemptions. Attachment: 1. Existing height exemption section with definitions in text boxes. HEIGHT EXEMPTIONS CHPATER 165 1 Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES § 165-201.03 Height limitations; exceptions. A. No structure shall exceed the height limitations described in this chapter. B. Exceptions to height requirements. (1) The maximum height requirements shall not apply to the following: (a) Barns and silos. (b) Belfries. (c) Bulkheads. (d) Chimneys. (e) Church spires and towers. (f) Flagpoles. Barn: a building on a farm that is used for storing grain and hay and for housing farm animals or equipment (Merriam Webster) Silo: a tower that is used to store food (such as grain or grass) for farm animals(Merriam Webster) Belfry: a bell tower; especially: one surmounting or attached to another structure (Merriam Webster) Bulkhead: an upright partition separating compartments; a structure or partition to resist pressure or to shut off water, fire, or gas (Merriam Webster) Chimney: a part of a building through which smoke rises into the outside air; especially : the part that sticks up above the roof (Merriam Webster) Spire: (steeple) a tall structure usually having a small spire at the top and surmounting a church tower; broadly: a whole church tower (Merriam Webster) Flagpole: a pole on which to raise a flag (Merriam Webster) HEIGHT EXEMPTIONS CHPATER 165 2 (g) (Reserved) (h) Domes and skylights. (i) Masts and aerials. (j) Radio and television transmission towers and commercial telecommunication facilities. (k) Smokestacks and cooling towers. (l) Utility poles and towers. (m) Water tanks. (n) Windmills. (2) Parapet walls may be up to four feet above the height of the building on which the walls rest. (3) Solar collectors, air conditioners and other mechanical equipment may exceed the height limitations if they are screened from the public view of surrounding properties and rights-of-way. TELECOMMUNICATIONS TOWERS - A structure, including the tower, antennas, panels, microwave dishes, receiving dishes, equipment building, other transmitting and receiving components and other accessory structures, used for the wireless electromagnetic transmission of information, excluding structures utilized as satellite earth stations and structures utilized for amateur or recreational purposes such as ham radio or citizen band radio. *Zoning Ordinance Definition Dome: a large rounded roof or ceiling that is shaped like half of a ball (Merriam Webster) Skylight: an opening in a house roof or ship's deck that is covered with translucent or transparent material and that is designed to admit light (Merriam Webster) Mast: 1)a long pole or spar rising from the keel or deck of a shop and supporting the yards, booms, and riggings, 2) a vertical or nearly vertical pole (as in upright post in various cranes) (Merriam Webster) * Radio masts and towers are, typically, tall structures designed to support antennas (also known as aerials) for telecommunications and broadcasting, including television. Aerial: of, relating to, or occurring in the air (Merriam Webster) *TV/Radio aerial Smokestack: a pipe or funnel through which smoke and gases are discharged (Merriam Webster) Cooling Tower: a structure over which circulated water is trickled to reduce its temperature by partial evaporation (Merriam Webster) HEIGHT EXEMPTIONS CHPATER 165 3 (4) Automated storage facilities in the OM, M1 and M2 Zoning Districts and automated manufacturing facilities in the M1 and M2 Zoning Districts shall be exempt from the maximum height requirement. Such exemptions shall be approved by the Frederick County Fire Marshal. In no case shall the height of these facilities exceed 100 feet in height unless waived by the Board of Supervisors in accordance with § 165-601.02. (5) All of the above exceptions shall be allowed only if they accomplish the purpose for which they are intended, if they are not intended for human occupancy and if they do not infringe on the solar access of surrounding properties. (6) General office buildings in the B2 and B3 Zoning Districts and hotel and motel buildings in the B2 Zoning District shall be exempt from the maximum height requirement of those zoning districts. In no case shall the height of such buildings exceed 60 feet. When such exemptions are proposed adjacent to existing residential uses, the Board of Supervisors shall review the site development plan pursuant to the provisions of § 165-203.02A(3). (7) Buildings used for schools without residential components may exceed the maximum height of the underlying zoning district. The only portions of buildings used for schools without residential components that may exceed the height in the underlying zoning district are those which are accessory and inconsequential to the primary function of the building. In no case shall any portion of the building exceed 75 feet in height. (8) If any of the above exceptions exceed the height limitation of the proposed zoning district, the structure shall be required to be set back the normal setback or required buffer distance plus one foot for every foot over the maximum allowed height of that zoning district. (9) In the B3 (Industrial Transition) Zoning District, uses may exceed the height limitation so long as all front, side and rear setbacks conform to the setback requirements for the M1 (Light Industrial) Zoning District. In no case shall any structure in the B3 Zoning District exceed 45 feet in height.