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
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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.
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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
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(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.
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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
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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
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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
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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
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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
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(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
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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
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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.
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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.
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(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.