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Home My WebLink About097-26 (OrdAmendmentChapter165Zoning(ResidentialScreeningBufferRequirement) MENIAL ACTION Action: PLANNING COMMISSION: May 6, 2026 Recommended Denial BOARD OF SUPERVISORS: June 10, 2026 Amendment Denied TO AMEND CHAPTER 165 ARTICLE VIII Community Development Standards Part 902—Buffer and Landscaping §1+65-802.08.Buffer and Screening Requirements WHEREAS, a proposal was presented to amend Chapter 165 — Zoning Ordinance to modify the residential separation buffer requirements between residential developments contained in §165- 802.08; and WHEREAS, the Development Review and Regulations Committee(DR-RC) met and discussed the proposed amendment at their March 26, 2026,regular meeting; and WHEREAS,the Planning;Commission held a public hearing on the proposed ordinance amendment on May 6, 2026r, and recommended denial of the ordinance amendment; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this proposed ordinance amendment June 10,2026; A MOTION TO DENY THE AMENDMENT carried this 10th day of June 2026, by the following recorded vote: John F. Jewell, Chairman Aye Jason C. Aikens Aye Albert L. Omdorff Aye Robert W. Wells Aye Michael D. Guevremont Aye Gary R. Oates Aye Robert T. Liero Aye A COPY ATTEST Michael L. BollhoeF Frederick County JAministrator No. 097-26 ZONING ORDINANCE TEXT AMENDMENT Residential Bnffer Separation Amendment Staff Report for the Board of Supervisors Prepared: May 20, 2026 40Staff Contact:Amy Feltner,Planner Executive S'ummar►°: Meeting Schedule Development Review and Regulations Action: None Committee: planning Commission:. May 6, 2026 Action: Recommended Denial Board of Supervisors: June 10, 2026 Action: Pending Proposal This is a proposal to amend Chapter 165 -Zoning Ordnance to modify residential separation buffer relating to certain housing types in the RP(Residential Performance) Zoning District. The proposal is to amend the minimum buffer requirements for multifamily structures when placed adjacent to pre-existing residential developments or proposed developments with different housing types. Current Standard t I r . ! . i r r r • ��n r 1 ? -t 1 Single-fancily detached A B B Z Single-family zero lot line or small lot .k B B 3 Townhouse A B 4 Garden apartment or multifamily buildings(35' CC 7BJA or less in her htAge-restricted multifamily C C Plannina& Zonine Staff Analysis: This ordinance amendment was requested by a developer. Frederick County ,Zoning Ordinance defines requirements for Category A, Category B, or Category C residential buffer screening as a Page 2 of 4 combination of linear distances and the density of landscaping. The denser the landscaping or screening, the less linear separation distance is required. Frederick County Zoning Ordinance requires a linear separation distance of 100 feet(Category C full screen), 50 feet(Category B full screen), and 25 feet (Category A full screen) with the densest planting, known as full screen, requirements. The current ordinance requires a category C buffer at the property line where a new multifamily building or garden apartment development is placed adj acent to an existing single-family detached, single-family zero lot line, or small lot housing type developments. The ordinance permits a lesser buffer, category B, when multifamily buildings are erected adjacent to a townhouse development. Staff would note that multifamily developments are separated into age-restricted multi family and multi-family/garden apartments. The proposed ordinance amendment incorporates age-restricted multifamily with multifamily buildings/garden apartment buildings and provides two categories for multifamily buildings: multifamily building thirty-five feet (35) or less in height and multifamily buildings greater than thirty-five feet(35)in height. The proposed amendment will permit a Category B separation buffer for multifamily buildings where the multifamily structure is less than thirty-five in height. Multifamily structures greater than thirty-five feet(35) have retained the current separation buffer requirement. The ordinance establishes residential separation buffers to adequately buffer different housing types from dissimilar housing types within adjacent separate developments. A two to three story multifamily building, regardless of age, can be constructed adjacent to an existing single-family detached, single-family zero lot line, or small lot housing type developments and share the same characteristics of that of a townhouse development. If approved,this amendment would require the residential separation buffer based on the height of the new multifamily structure and not by development type/housing type. Staff would note that development of multifamily developments can only occur within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA) and must meet additional requirements including road efficiency buffers, open space requirements, density requirements, and recreational amenity requirements required in the Frederick County Zoning Ordinance. Other Jurisdictions: Staff reviewed other Virginia localities which require separation buffers, also termed transitional screening, between different housing types. Many jurisdictions require buffer screening between residential zoning and commercial zoning with no distinction between different housing types. The comparison with localities used were comparable to the Frederick County RP (Residential Performance District). Majority of the localities that required residential separation buffers require a twenty-five (25) feet separation distance between multifamily developments and single-family units. Page 3 of 4 A cross-comparison of other Virginia localities is included as all attachment to this report. Proposed Standard Article VIII. Community Development Standards Part 802. Buffer and landscaping Section §165-802.08—Buffer and Screening Requirements. Table VHI-6.Residential Separation Distance Buffer Type Required. Proposed 1 Mm4 5 1 Single-family detached A B B 2 Single-family zero lot line or small lot 1 B B 3 Townhouse A B B 4 Garden apartment or multifamily buildings(35' or C-B A less in height) 5. Garden apartments or multifamily buildings C C eater than 35' in height) 3 Summary& Requested Action: The proposal was forwarded to the Development Review and Regulations Committee(DRRC)by the Board of Supervisors. The committee reviewed the proposal on March 26, 2026. The committee discussed an additional increase of separation distance based on the height of adjacent structures. Consideration also included the footprint, or size of the building envelopes. The committee was not supportive of modifying and examining only one housing type and would prefer to examine the change as a broader community design. Staff stated that a Phase II Zoning Ordinance update is proposed pending the adoption of the Phase I Zoning Ordinance update/reorganization that is scheduled for the May 13, 2026, Board Meeting. If the Phase I is adopted, a Phase II Zoning Ordinance is planned. The Phase II ordinance update proposal will include the re-examination of the landing and buffer on the broader scale. The Planning Commission held a public hearing on May 6,2026. Three(3)members of the public spoke on the proposed amendment. The speakers were not supportive of the amendment. Several of the Planning Commission recognized the need to reduce the buffer distance for housing density purposes but the residential separation distance, as well as the zoning district buffer,would need to be addressed simultaneously and as a community whole rather than one housing type. A need for multifamily housing with greater density is needed in the county to accommodate the growth, especially if preservation of the RA(Rural Area) is to be successful. The Planning Commission recommended denial. (11-1). This item is presented to the Board of Supervisors for Public Hearing. Page 4 of 4 Questions regarding the proposal should be directed to the Planning and Development Department Staff. Following a public hearing, staff is seeking a decision from the Board of Supervisors on this Zoning TextAmendment. CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Article VIIL Community Development Standards Part 802. Buffer and Landscaping Section 165-802.08. Buffer and Screening Requirements. C. Residential Separation Buffers. When different housing types are adjoining within the same development,buffers shall be provided in accordance with Table VIII-6 and Table VIII-7.This shall be in addition to the zoning district buffer types required in F.,below. (1) General. i. Buffers shall be placed between the lot line of the proposed housing type and the lot line of the existing adjoining use or development.When placed on individual lots,the buffer shall be located within a permanent landscape easement and shall be maintained by the property owners' association. ii. When age-restricted multifamily housing adjoins other housing types,the evergreen element of the residential separation buffer shall be planted at a height of six(6)feet. iii. When existing mature woodlands are located within the entire buffer area(total distance if active and inactive buffer),preservation of that woodland will be allowed to substitute for the required plant material. iv. Housing types contained within a mixed-use development as outlined in the Comprehensive Plan,or developments that contain a mixture of housing types but approved with the same MDP,shall not require residential separation buffers between housing types contained within the same development. a. The Zoning Administrator may require residential separation buffers when a MDP is revised and the housing types are modified after construction has already commenced within the development. (2) Waivers,Reductions,and Modifications.The Board of Supervisors may waive,reduce, and/or modify the residential separation buffer requirements(distance or landscaping)if- 1. The topography of the lot providing the buffer yard and the lot being protected is such that the required buffer yard would not be effective; or VIII-7 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE ii. Utility conflicts preclude the installation of the buffer and would result in unnecessary or otherwise unreasonable hardship to the developer. I ■ 1 I 1 1 W-MI i ' ■ " I ' I 1 2 4 5 1 Suigle-fancily detached A B B 2 Single-family zero lot line or small lot A B B 3 Townhouse A A B B 4 Garden apartment or multifamily buildings F B C—B B-A A 35'or less in height) 5.. Garden apartments or multifamily C C B buildings(greater than 35' in height) F F Table VIII-7. r r I InI! ScreenInactive Active Total Type Type1 I Full screen 15 10 25 A Landscape screen 30 20 50 No screen 75 25 100 Full screen 30 20 50 B Landscape screen 45 30 75 No screen 75 25 100 Full screen 75 25 100 C Landscape screen 100 50 150 No screen 1 150 1 50 1 200 VIII-s