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DRRC 06-26-14 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 107 North Kent Street, Suite 202  Winchester, Virginia 22601-5000 MEMORANDUM TO: Development Review and Regulations Committee FROM: Candice E. Perkins, AICP, Senior Planner SUBJECT: June Meeting and Agenda DATE: June 13, 2014 The Frederick County Development Review and Regulations Committee (DRRC) will be meeting on Thursday, June 26, 2014 at 7:00 p.m. in the first floor conference room (purple room) of the County Administration Building, 107 North Kent Street, Winchester, Virginia. The DRRC will discuss the following agenda items: AGENDA 1) Landscaping Requirements. Continued discussion on potential revisions to the landscaping requirements contained in the Zoning Ordinance. 2) Zoning District Buffer Waiver. Discussion on potential revisions to the Zoning District Buffer requirements contained in the Zoning Ordinance to allow for a buffer waiver when the planned land use shown in the Comprehensive Plan is compatible. 3) Screening for Outdoor Storage Areas. Discussion on potential revisions to the outdoor storage screening requirements contained in the Zoning Ordinance. Please contact this office if you will not be able to attend the meeting. Thank you. Access to this building is limited during the evening hours. Therefore, it will be necessary to enter the building through the rear door of the four-story wing. I would encourage committee members and interested citizens to park in the County parking lot located behind the new addition or in the joint Judicial Center parking lot and follow the sidewalk to the back door of the four-story wing. CEP/pd Attachments Item #1: Landscaping Requirements 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 and the Development Review and Regulations Committee was tasked with reviewing the current requirements and looking at the suggested changes. The Land Use and Development Subcommittee of the Business Friendly Committee “recommended a complete review and re-evaluation of the Frederick County Buffers and Landscaping Ordinance to provide a well defined purpose to allow for flexibility in project site landscaping, tree preservation, and effective development buffers.” The DRRC reviewed the suggested changes at the September 2013, January 2014 and February 2014 meetings. The DRRC recognized that the buffer and landscaping sections were recently reviewed and the committee felt that the existing ordinance was appropriate. The DRRC did recommend that the parking lot landscaping requirements be moved into the main landscaping section. The Planning Commission discussed the changes on April 2, 2014. One person spoke under citizen comments and expressed concern that the DRRC and the Commission did not receive all the Business Friendly recommendations. The Planning Commission wanted to make sure that that the DRRC understood what the Business Friendly Committee was trying to achieve. A motion was made to send the landscaping requirements back to the DRRC and to allow the Business Friendly committee an opportunity to make a presentation to the DRRC. The DRRC discussed landscaping ordinance at their April 24, 2014 meeting. The committee requested staff to look at a proportional upgrade waiver; meaning sites that are proposing minimal upgrades could request a waiver of the landscaping requirements. Since the April meeting, staff has added text regarding minor site plans and landscaping requirements for these plans. Staff is requesting comments and 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. Proposed Revisions (deletions shown in strikethrough and additions shown in bold underlined italics). 2. Minutes from the April 2014 DRRC Meeting Draft Landscaping Revisions 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. Draft Landscaping Revisions 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 Draft Landscaping Revisions 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. Draft Landscaping Revisions 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 Draft Landscaping Revisions 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 Draft Landscaping Revisions 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 Draft Landscaping Revisions 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 Draft Landscaping Revisions 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 Draft Landscaping Revisions 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 Draft Landscaping Revisions 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. ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS § 165-101.02 Definitions & word usage. SITE PLAN - A specific and detailed plan of development which contains detailed engineering drawings of the proposed uses and improvements required in the development of a given parcel or use. of development meeting the requirements of this chapter. In all Articles of this Chapter, where the term 'site plan' is used, it shall also include the term 'minor site plan'. Caliper (inches) Tree Credit 4 to 6 1 7 to 12 2 13 to 18 3 19 to 29 4 Greater than 30 5 Draft Landscaping Revisions 11 ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS § 165-802.03 Site plan contents. The site plan shall be clearly legible and shall be drawn at a scale acceptable to the Zoning Administrator. The site plan shall include three general sections, the project information section, the calculations section, and the site plan and details section. The information required for each section is listed below: A. Project information section. (1) A title that includes the name of the proposed or existing business and a subtitle which describes the proposed development. (2) The name, address, and phone number of the landowner, developer, and designer. (3) The Frederick County Property Identification Number (PIN) of all lots included on the site plan. (4) The number and type of dwelling units included on the site plan for residential uses. (5) The total land area and total developed land area of all lots included on the site plan. (6) A detailed description of the proposed use or uses of the development, as well as a description of the existing use or uses. (7) A reference to any other site plan or master development plan approved by the County for the site. (8) The date the site plan was prepared and a list of all revisions made, including the date and a description of why the site plan was revised. (9) A table of contents including all pages of the site plan. (10) A list of all proposed utility providers, with their address, name and phone number. (11) An inset map showing the location of the site, along with the location of streets, roads and land uses within 500 feet of the property. (12) A statement listing all requirements and conditions placed on the land included in the site plan resulting from approval of conditional zoning or a conditional use permit. (13) A description of setbacks or conditions placed on the site as a result of an approved variance. (14) The name of the Magisterial District within which property is located. B. Calculations section. (1) Calculations showing the floor area ration (FAR) of the site, including the maximum allowed FAR, total ground floor area, total floor area, and total lot area. (2) Calculations showing the total number of required and proposed parking spaces, including the total number of existing and proposed spaces. (3) Calculations showing the total number of required handicap spaces, including the total number of existing and proposed spaces. (4) Calculations showing the total number of required loading spaces, including the total number of existing and proposed spaces. (5) Calculations showing the total number of required perimeter and interior trees required, including the number of provided trees. (6) Calculations showing the percentage of the property that will be landscaped and the percentage of woodlands disturbed. Draft Landscaping Revisions 12 C. Site plan and details section. (1) The location of all adjoining lots with the owner's name, specific use, zoning, and zoning boundaries shown. (2) The location of all existing or planned rights-of-way and easements that adjoin the property, with street names, widths, and speed limits shown. (3) All nearby entrances that are within 200 feet of any existing or proposed entrances to the site. (4) All existing and proposed driveways, parking and loading spaces, parking lots and a description of surfacing material and construction details to be used. The size and angle of parking spaces, aisles, maneuvering areas, and loading spaces shall be shown. (5) A North arrow. (6) A graphic scale and statement of scale. (7) A legend describing all symbols and other features that need description. (8) A boundary survey of the entire parcel and all lots included with distances described at least to the nearest hundredth of a foot. (9) The present zoning of all portions of the site, with the location of zoning boundaries. (10) The location of all existing and proposed structures, with the height, specific use, ground floor area, and total floor area labeled. (11) The location of all existing and proposed outdoor uses, with the height, specific use, and land area labeled. (12) Existing topographic contour lines at intervals acceptable to the Zoning Administrator. Proposed finished grades shall be shown by contour. (13) The location of the front, side, and rear yard setback lines required by the applicable zoning district. (14) The location and boundaries of existing environmental features, including streams, floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes, and woodlands. (15) The location of outdoor trash receptacles. (16) The location of all outdoor lighting fixtures. (17) The location, dimensions, and height of all signs. (18) The location of required buffers, landscaping buffers, and landscaped screens, including examples, typical cross sections or diagrams of screening to be used. The location and dimensions of required fencing, berms, and similar features shall be specified. (19) The location of recreational areas and common open space. (20) The location of all proposed landscaping with a legend; the caliper, scientific name, and common name of all deciduous trees; the height at planting, scientific name, and common name of all evergreen trees and shrubs. (21) The height at planting, caliper, scientific name, and common name shall be provided for all proposed trees. The height at planting, scientific name and common name shall be provided for all shrubs. (22) The location of sidewalks and walkways. (23) The location and width of proposed easements and dedications. (24) A stormwater management plan describing the location of all stormwater management facilities with design calculations and details. (25) A soil erosion and sedimentation plan describing methods to be used. (26) The location and size of sewer and water mains and laterals serving the site. (27) Facilities necessary to meet the requirements of the Fire Code. (28) A signed seal of the certified Virginia land surveyor, architect, or engineer who prepared the plan. Draft Landscaping Revisions 13 (29) A space labeled "Approved by the Frederick County Zoning Administrator" for the signature of the Zoning Administrator, approval date, and a statement that reads "site plan valid for five years from approval date." D. Minor Site Plans. A minor site plan may be submitted in lieu of a full site plan for additions to existing sites. A minor site plan shall constitute a revision that increases an existing structure area by 20% or less and does not exceed 5,000 square feet of disturbed area. Minor site plans, at a minimum shall include the following information: (1) A title that includes the name of the proposed or existing business and a subtitle which describes the proposed development. (2) The name, address, and phone number of the landowner, developer, and designer. (3) The Frederick County Property Identification Number (PIN) of all lots included on the site plan. (4) The total land area and total developed land area of all lots included on the site plan. (5) A detailed description of the proposed use or uses of the development, as well as a description of the existing use or uses. (6) A reference to any other site plan or master development plan approved by the County for the site. (7) The date the site plan was prepared and a list of all revisions made, including the date and a description of why the site plan was revised. (8) A table of contents including all pages of the site plan. (9) An inset map showing the location of the site, along with the location of streets, roads and land uses within 500 feet of the property. (10) A statement listing all requirements and conditions placed on the land included in the site plan resulting from approval of conditional zoning or a conditional use permit. (11) A description of setbacks or conditions placed on the site as a result of an approved variance. (12) The name of the Magisterial District within which property is located. (13) Calculations showing the total number of required and proposed parking and loading spaces, including the total number of existing and proposed spaces. (14) Calculations showing the total number of required perimeter and interior trees required, including the number of provided trees. The Zoning Administrator shall determine the number of landscaping plants required, proportional to the additions shown on the minor site plan. (15) A signed seal of the certified Virginia land surveyor, architect, or engineer who prepared the plan. (16) Any other information determined by the Zoning Administrator necessary for the review of the minor site plan. D. E. Other information or statements may be required on the site plan by the Zoning Administrator to ensure that all requirements of the Frederick County Code are met. E. F. All site plans shall conform with master development plans that have been approved for the land in question. F. G. When required, deed restrictions, deeds of dedication, agreements, contracts, guaranties or other materials shall be submitted with the site plan. § 165-802.04 Required improvements. Draft Landscaping Revisions 14 A. All improvements and construction on the site shall conform with the approved site plan and the requirements of the Frederick County Code. B. 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. Page 1 Development Review and Regulations Committee (DRRC) Meeting Minutes April 24, 2014 MEETING MINUTES OF THE DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE (DRRC) Held in the First Floor Conference Room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia, on April 24, 2014. DRRC MEMBERS PRESENT: Greg Unger, Whitt Wagner, Tim Stowe, Kevin Kenney, Jay Banks, June Wilmot, Gary Oats, Larry Ambrogi, Eric Lowman, Dwight Schenk DRRC MEMBERS ABSENT: Roger Thomas STAFF PRESENT: Candice Perkins OTHERS PRESENT: John Goode, Bruce Carpenter, Ty Lawson CALL TO ORDER The Development Review and Regulations Committee (DRRC) meeting was called to order at 7:00 p.m. Item 1: Landscaping Requirements. Continued discussion on potential revisions to the landscaping requirements contained in the Zoning Ordinance pursuant to the Business Friendly Committee recommendations. Staff provided an overview and turned the meeting over to John Goode who was a member of the Business Friendly Committee (land use). Mr. Goode stated that landscaping is cosmetic and that it's hard to put the requirement into an ordinance. Homeowners aren't subjected to this requirement, only business owners. He further stated that he has never seen public support for landscaping. The ordinance isn't flexible enough, if you have a small site change you may have to upgrade an entire site. The requirements only benefit landscapers, not property owners. Property owners have to cram in trees to get a specific required number and the ordinance assumes that business owners will not make their site look good. Mr. Goode stated that business owners should be able to choose their own landscaping; should be a private issue and covered under the covenants or left up to the owner. Need to stop debating over beauty and eliminate the entire ordinance. Ty Lawson stated that the Business Friendly Committee stated that the entire landscaping ordinance should be rescinded. Owners should be able to do whatever they want. At the end of the day the committee stated that the ordinance went too far. Bruce Carpenter - by putting requirements in by number instead of quality you don't wind up with a good project. When doing an expansion the upgrades should be proportional to the expansion. Page 2 Development Review and Regulations Committee (DRRC) Meeting Minutes April 24, 2014 DRRC committee members stated that the County can’t legislate the individual values of business owners, and that the ordinance can only provide a minimum. Mr. Wagner stated that new security requirements for industrial properties can sometimes be counterproductive to the landscaping ordinance and that snow removal can be an issue. On the other hand the County is getting new stormwater regulations that are going to require more pervious area. The new stormwater regulations are going to require more plants and infiltration. The committee stated that they understood where the business friendly group is coming from, but the DRRC has a challenge. DRRC committee members questioned whether or not property owners would plant landscaping if it were not required by ordinance. If the ordinance didn’t place any restrictions, you don’t know what you will get; you need some type of continuity and aesthetics. Also, buffers are necessary to protect adjacent land owners. It was also stated that Frederick County’s ordinance is much easier to understand and requires far fewer plantings than other localities. Mr. Oates stated that he had not encountered a site where the plants didn’t fit. Mr. Banks further stated that there is enough space on sites to accommodate trees and shrubs and regarding damage to plants, that’s an issue with poor placement of the plants. Moving shrubs and trees back from the curb is will eliminate plants being damaged because of snow removal equipment. Poor placement seems to be the issue, the cost isn't that much. Landscaping is pennies compared to the total site work and the DRRC questioned why the Business Friendly Committee didn’t look at pavement and curb and other site work that constitute the majority of the site cost. The DRRC requested staff to look at a proportional upgrade waiver; sites that are increasing 10-20 percent may request a waiver of the landscaping requirements. It was further stated that that trees aren’t simply provided for aesthetic reasons; they help shade parking which is necessary because of the heat that comes off them and the air pollution that comes from that. The DRRC questioned whether the Business Friendly Committee was primarily concerned about residential or commercial/industrial. Mr. Lawson replied that they also wanted to eliminate all residential landscaping requirements. He further stated that it isn’t about trying to save money; it’s about trying to deliver a quality product. Mr. Lawson stated that home builders are already going above the ordinance and therefore minimums are unnecessary. DRRC members stated that residential builders will cut costs where they can and providing flexibility can be a slippery slope and that the ordinance needs to have minimum standards. DRRC members acknowledged that the landscaping costs for commercial and residential are different. Commercial landscaping is much more expensive because of the amount of damage that can occur; however, business budget for repair and replacement of the landscaping. Page 3 Development Review and Regulations Committee (DRRC) Meeting Minutes April 24, 2014 The DRRC requested time to think about the existing ordinance and would meet further discuss the ordinance at the next meeting. The DRRC stated that while changes may be appropriate, minimums are necessary. The DRRC will further discuss waiver options at the next meeting. Next meeting of the DRRC is May 22, 2014 The meeting adjourned at 8:30 p.m. Item #2: Zoning District Buffer Waiver Staff has received a request to revise the Zoning Ordinance to include a zoning district buffer waiver that allows the Board of Supervisors to eliminate or modify the buffer if the adjoining land is designated in the adopted Comprehensive Plan for a use which would not require a buffer. The waiver as drafted would require support from the adjacent property owner. Staff is requesting comments and 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. Proposed Revisions (additions shown in bold underlined italics). Buffer - Waiver Chapter 165 Article II - SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 203 – Buffers and Landscaping D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain different zoning districts. (1) Buffers shall be provided on the land to be developed according to the categories in the following tables: (a) Buffer categories: (b) Buffer categories to be provided on land to be developed according to the zoning of the adjoining land: Distance Buffer Required Category Screening Provided Inactive (Minimum) (feet) Active (Maximum) (feet) Total (feet) 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 Zoning of Adjoining Land Zoning of Land to be Developed RP R4 R5 MH1 B1 B2 B3 OM M1 M2 EM MS Buffer - Waiver (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 B-1 (Neighborhood, Business) or B-2 (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 § 165-203.02D(1)(a) may be reduced, provided the full screening requirements of this section are met. (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 §165-402.07 of this chapter. RP - - - - A A A A A A A A R4 - - - - A A A A A A A A R5 - - - - A A A A A A A A MH1 C C C - B B B B B A A C B1 B B B B - - A A A A A B B2 B B B B - - - A A A A B B3 C C C C B - - - - - - C OM C C C C B B - - - - - C M1 C C C C B B - - - - - C M2 C C C C B B B B B - - C EM C C C C B B B B B - - C MS C C C C B B B B B B C - Buffer - Waiver (6) The 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. (8) 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- 203.02D(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 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. (10) When a flex-tech development is split by a zoning district line, the Zoning Administrator may allow for a reduction of the distance buffer and the relocation of the screening requirements. Such modifications shall be allowed at the Zoning Administrators discretion, provided that all of the following conditions are met: (a) The zoning district boundary line for which the modification is requested is internal to the land contained within the master development plan. Buffer - Waiver (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, M1 or M2 Zoning District 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, a zoning district buffer as required by § 165-203.02D 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. (12) The Board of Supervisors may grant a waiver to eliminate or modify a required buffer with the consent of the adjacent (affected) property owners when the adjoining land is designated in the adopted Comprehensive Plan for a use which would not require a buffer between the land under site plan and the adjoining property. Item #3: Outdoor Storage Screening Requirements Staff has received a request to revise the Zoning Ordinance to modify the screening requirements for outdoor storage areas. The current ordinance requires that all outdoor storage areas be completely screened from the view of road and street right-of-way and from surrounding properties by a fence, wall, mound or screening (landscaping). Staff has prepared a revision that would eliminate the screening element when an outdoor storage area adjoins a property also utilized for outdoor storage; screening shall not be required for their common property lines. Other amendments include surface material specifications and a landscaping exemption. Staff is requesting comments and 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. Proposed Revisions (deletions shown in strikethrough and additions shown in bold underlined italics). Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 201 – Supplementary Use Regulations § 165-201.10 Outdoor storage and processing. The outdoor storage or processing of products, equipment or raw materials is allowed in the business and industrial districts or in association with business uses allowed in any other zoning district only if the outdoor storage is directly associated with the primary uses of the property. A. In such cases, the outdoor storage or processing shall be completely screened from the view of road and street right-of-way and from surrounding properties by a six foot tall opaque fence, wall, berm or by screening, or evergreen screen. In no case shall chain link fencing with slats be utilized for screening. 1. When an outdoor storage area adjoins a property also utilized for outdoor storage, screening shall not be required for their common property lines. B. Outdoor storage surface areas shall consist of asphalt, concrete, stone, gravel or any other impervious surface approved by the Zoning Administrator. B. C. Such outdoor storage and processing shall not be permitted in any required front setback yard. C. D. The Zoning Administrator may require that the storage of hazardous materials or any materials which may contribute to contaminated runoff be fully enclosed. Where such materials are stored outdoors, they shall be contained within an impervious structure designed to contain spillage or contaminated runoff. D. E. The display of vehicles for sale by a vehicle dealer or nursery stock by a commercial nursery, along with other products for sale that are normally displayed outdoors, shall be exempt from the above requirements. E. F. Agricultural and forestry operations shall be exempted from the above requirements. F. G. Such requirements shall not apply to motor vehicle parking and loading areas. H. Landscaping shall not be required for impervious areas designated for outdoor storage.