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DRRC 09-26-13 Meeting Agenda Item #1: Height Requirements in the EM and M1/M2 Districts At the July 2013 meeting, the DRRC discussed a request to revise the Zoning Ordinance to increase the maximum height in the EM (Extractive Manufacturing), M1 (Light Industrial), and M2 (Industrial General) Zoning Districts. The various height increases were discussed and the committee ultimately recommended that the amendments move forward as follows: 1) The EM by-right height should increase to 60’ and be allowed up to 200’ with a Conditional Use Permit; 2) The M1 and M2 by-right height should stay at 60’ and should be allowed up to 150’ with a conditional use permit. Additional setbacks are included for all districts when the height exceeds 60’. The Planning Commission discussed the amendments on August 21, 2013; the Commission was amenable to the increasing the EM height from 45’ to 60’ as a by-right use and providing an allowance for the EM District to be increased to 200’. The Commission also recommended that the M1 and M2 Districts stay at 60’ by-right and provide an allowance for the height to be increased to 150’. The Commission did express concern regarding the utilization of the Conditional Use Permit (CUP) process for the height increases. The Commission agreed that the height increases needed additional oversight and should be reviewed by the Board of Supervisors, but felt that the CUP process created the perception that the permit needed to be reviewed and renewed and could be revoked at some future point if the use is negatively viewed. The Board of Supervisors discussed the amendments on September 9, 2013. The Board of Supervisors expressed concern over the requirement of a Conditional Use Permit due to the permanent nature of the improvements. Ultimately, the Board of Supervisors did not send the amendments forward for public hearing and requested that staff take the items back to the DRRC for further discussion. Staff has prepared a revised amendment that removes the Conditional Use Permit requirement and replaces it with a Board of Supervisors waiver. The waiver would still allow the Board of Supervisors to determine the appropriateness of the proposed height increase in a requested location while providing an applicant with an irrevocable approval. Supplementary use regulations have also been drafted that would need to be addressed when an applicant applies for the waiver. If the DRRC is supportive of this ordinance amendment, staff will forward it to the Planning Commission and Board of Supervisors for their consideration. Attachment: 1. Proposed Revision (deletions shown in strikethrough and additions show in bold underlined italics). DRAFT Ordinance Amendment Attachment 1 EM/M1/M2 Districts ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 608 – EM Extractive Manufacturing District § 165-608.01 Intent. The intent of the Extractive Manufacturing District is to provide for mining and related industries, all of which rely on the extraction of natural resources. Provisions and performance standards are provided to protect surrounding uses from adverse impacts. It is also the intent of this article to avoid the encroachment of incompatible uses on the borders of the EM District. *All other sections remain unchanged § 165-608.06 Height limitations. No structure shall exceed 45 feet in height. The maximum structure height shall be 45 feet. The Board of Supervisors may waive the 45 foot height limitation provided that it will not negatively impact adjacent uses. In order to consider the waiver, the applicant must submit all information and adhere to all setbacks specified by § 165-201.04.27. In no case shall any structure exceed 200 feet in height. Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 201 – Supplementary Use Regulations § 165-201.03 Height limitations; exceptions. B. Exceptions to height requirements. (4) Automated storage facilities in the OM, M1 and M2 Zoning Districts and automated manufacturing facilities in the M1 and M2 Zoning Districts shall be exempt from the maximum height requirement. This exemption shall be granted only when the facility is provided with full sprinkling for fire protection according to the specifications of applicable codes. Such exemptions shall be approved by the Frederick County Fire Marshal. In no case shall the height of these facilities exceed 100 feet in height. DRAFT Ordinance Amendment Attachment 1 EM/M1/M2 Districts ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 601 – Dimensional and Intensity Requirements § 165-601.02 Dimensional and intensity requirements The following table describes the dimensional and intensity requirements for the business and industrial districts: District Requirement B1 B2 B3 OM M1 M2 Front yard setback on primary or arterial highways (feet) 50 50 50 50 75 75 Front yard setback on collector or minor streets (feet) 35 35 35 35 75 75 Side yard setbacks (feet) - - 15 15 25 25 Rear yard setbacks (feet) - - 15 15 25 25 Floor area to lot area ratio (FAR) 0.3 1.0 1.0 2.0 1.0 1.0 Minimum landscaped area (percentage of lot area) 35 15 25 15 25 15 Maximum height (feet) 35 35 35 60 60 * 60 * *In the M1 and M2 Districts the Board of Supervisors may waive the 60 foot height limitation provided that it will not negatively impact adjacent uses. In order to consider the waiver, the applicant must submit all information and adhere to all setbacks specified by § 165-201.04(27). DRAFT Ordinance Amendment Attachment 1 EM/M1/M2 Districts Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES § 165-201.04.27. Height Waivers in the EM (Extractive Manufacturing), M1 (Light Industrial) and M2 (Industrial General) Districts, shall be subject to the following requirements: A. Waiver requests for height increases in the EM, M1 and Welding repair operations in the RA (Rural Areas) District, shall meet the following requirements: (1) Architectural renderings of the proposed structure shall be submitted for review by the Planning Commission and the Board of Supervisors. (2) The Board of Supervisors may require buffer and screening elements and/or distance when deemed necessary to protect existing adjacent uses. (3) Such structures shall be required to be set back the normal setback distance plus one foot for every foot over the maximum allowed height of that zoning district. (4) This waver shall not be permitted to increase the height of any signage regulated by § 165-201.07. Item #2: Landscaping Requirements – Business Friendly Recommendations In October of 2012 the Board of Supervisors formed the Frederick County Business Climate Assessment Committee (also called the Business Friendly Committee) to evaluate the current processes and procedures being utilized by the County. The purpose of the effort was to search for ways that the County could better meet the needs of new and existing businesses in the community. The Committee’s final report was adopted by the Board of Supervisors in July of 2013. One recommendation contained in the report was to review the landscaping requirements contained in the Zoning Ordinance. Staff has provided the sections in the Zoning Ordinance that pertain to landscaping along with the applicable excerpts from the Committee’s report. At the September meeting, Staff would like to discuss with the DRRC the current Ordinance requirements and the recommendations from the Business Friendly Committee to look at potential revisions. Attachments: 1. Zoning Ordinance - Landscaping Requirements. 2. Business Friendly Initiatives. 3. Letter from Scot Marsh with potential revisions. Chapter 165 – Landscaping Sections 1 Part 202 – Off-Street Parking, Loading and Access § 165-202.01 Off-street parking; parking lots. D. Parking lots. Parking spaces shared by more than one dwelling or use, required for any use in the business or industrial zoning district or required for any institutional, commercial or industrial use in any zoning district shall meet the following requirements: (13) Landscaping. Parking lots in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office- Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District, the MS Medical Support District, and the HE (Higher Education) District shall be landscaped to reduce the visual impact of glare and headlights on adjoining properties and rights-of-way. Parking lots shall be adequately shaded to reduce reflected heat. In the RA (Rural Areas) District, parking lot landscaping shall not be required for parking lots with 10 or fewer spaces. Landscaping shall also be provided to reduce the visual expansiveness of parking lots. Landscaping shall be provided in such parking lots as follows: a) Perimeter landscaping. The perimeter of all impervious areas shall be landscaped with shade trees and other landscaping. One tree shall be provided for every 2,000 square feet of impervious area for the first 100,000 square feet of the entire site. One tree shall be provided for every 5,000 square feet in excess of the first 100,000 square feet of the entire site. Self-service storage facilities shall provide one tree per 10,000 square feet of impervious area of the entire site, in addition to the trees required in § 165-204.18, Storage facilities. The perimeter landscaping trees shall be reasonably dispersed throughout the parking lot. A three-foot-high evergreen hedge, fence, berm or wall shall be provided to prevent headlights from shining on public rights-of-ways and adjoining properties. All perimeter landscaping shall comply with the requirements of §165-203.01B, Plant selection, planting procedure and maintenance. b) Interior landscaping. A minimum of 5% of the interior portions of parking lots shall be landscaped for the purpose of providing shade trees. Such interior landscaping shall be provided on raised islands and in continuous raised strips extending the length of a parking bay. Within the parking lot, raised islands and landscaped areas should be uses to delineate traffic and pedestrian circulation patterns. No less than one shade tree shall be provided in the interior of the parking lot for each 10 parking spaces. The Zoning Administrator may waive the requirement for interior landscaping for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed. The Zoning Administrator may approve alternative locations for interior landscaping for parking lots used for truck parking, as well as other parking lots, when it would improve the overall quality of the landscape plan. Chapter 165 – Landscaping Sections 2 All interior landscaping shall comply with the requirements of § 165-203.01B, Plant selection, planting procedure and maintenance. Part 203 – Buffers and Landscaping § 165-203.01 Landscaping requirements. The requirements of this section are intended to enhance the appearance, environment, and general welfare of Frederick County by providing minimum landscaping standards and encouraging tree preservation for developments. The provisions of this section shall apply to all site plan and subdivision design plan applications, including the revision or expansion of any site or development. A. Residential developments. 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. (1) 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, with the exception that street trees must be at least two-and-one-half-inch caliper at the time of planting. (2) Ornamental landscaping. (a) 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 F Single-Family Small Lot Chapter 165 – Landscaping Sections 3 (b) 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. (3) 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," 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. G Multiplex H Townhouse, Back-to-Back Townhouse I Garden Apartment, Multifamily Residential Buildings Age Restricted Multifamily Housing Required Landscaping Per Dwelling Unit Lot Type Ornamental Shrubs Ornamental Trees A None 10 per 1 unit B 10 per 1 unit 5 per 1 unit C 10 per 1 unit 5 per 1 unit D 10 per 1 unit 5 per 1 unit E 10 per 1 unit 5 per 1 unit F 15 per 1 unit 5 per 1 unit G 3 per 3 units* 1 per 3 units* H 6 per 5 units* 2 per 5 units* I 3 per 2 units* 1 per 2 units* Note: *Required ornamental trees and shrubs are in addition to all trees and shrubs elsewhere required in the Zoning Ordinance. Chapter 165 – Landscaping Sections 4 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 Lacebark Elm Ulmus parvifolia Street, shade, canopy, ornamental Chapter 165 – Landscaping Sections 5 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 River Birch Betula nigra Shade, canopy, ornamental Star Magnolia Magnolia stellata Shade, canopy, ornamental Chapter 165 – Landscaping Sections 6 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 Eastern Arborvitae Thuja occidentalis (all varieties) Screen, ornamental Leyland Cypress Cupressocyparis x leylandi Screen, ornamental Chapter 165 – Landscaping Sections 7 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 Standard Nandina Nandina domestica Ornamental, shrub Purple Plum Prunus cerasifera Ornamental Chapter 165 – Landscaping Sections 8 (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 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. Crape Myrtle Lagerstroemia indica Ornamental Persian parrotia Parrotia persica ornamental Hydrangea (all varieties) Ornamental Mugo pine Pinus mugo Ornamental Itea (All varieties) Ornamental Aronia (All varieties) Ornamental Clethra (All varieties) Ornamental Azalea Rhododendron (All varieties) Ornamental Rhododendron (All varieties) Ornamental Northern Bayberry Myrica pensylvanica Ornamental Meyer Lilac Syringa meyeri ‘Palibin’ Ornamental Chapter 165 – Landscaping Sections 9 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. § 165-203.02 Buffer and screening requirements. It is the intent of the regulations of this section to encourage proper design of a site in order to protect adjacent existing uses and to protect proposed uses within the site. Certain types of uses must be buffered from other types in order to ensure a desirable living environment. Additionally, appropriate distances must be maintained between commercial, industrial and residential uses and roads. A. Distance buffers. Distance buffers are based on the nature of an activity and its proximity to an activity of a different nature. They are linear distances measured from property lines inward. Part of the buffer must be inactive and part may be active. The inactive portion begins at the adjoining property line, as shown in the example diagrams. (1) Inactive distance buffer. This portion of a buffer area permits no activity except the necessary utility functions provided by transmission lines, underground conduits, etc. (2) Active distance buffer. This portion of a buffer area may not be encroached by a building or other principal structure or activity. However, accessory activities, such as parking, are permitted in this area. Active buffers shall not contain road rights-of-way. Caliper (inches) Tree Credit 4 to 6 1 7 to 12 2 13 to 18 3 19 to 29 4 Greater than 30 5 Chapter 165 – Landscaping Sections 10 (3) Wherever proposed developments are adjacent to or within 1,000 feet of the boundaries of existing uses, the Board of Supervisors may require increased or additional distance buffers to separate different uses to achieve the intentions of this section. B. Screening. Screening is designed to work with distance buffers to lessen the impact of noise or visual interaction between adjacent activities. There are two levels of screening: landscape screening and full screening. The higher the level of screening provided, the lower the level of distance buffer required. The example diagrams show how this works. (1) Landscape screening. A landscape screen consists of a totally landscaped easement at least 10 feet in depth; it is encouraged that the plantings to be spaced appropriately within the inactive buffer. Within the easement, there shall be a minimum landscaping density of three plants per 10 linear feet. The buffer shall consist of a combination of 1/3 deciduous trees, 1/3 evergreen trees and 1/3 shrubs. Deciduous trees shall be planted at a minimum of 2” caliper, evergreen trees shall be a minimum of 4’ in height and shrubs shall be 18” in height at time of planting. (2) Full screen. A full screen provides all the elements of a landscape screen and also includes a six- foot-high, opaque hedge, fence, wall, mound or berm. A 50 foot strip of mature woodlands may be allowed as a full screen. (3) Wherever proposed developments are adjacent to existing uses, the Board of Supervisors may require additional landscaping or landscaped easements to separate different uses and to achieve the intentions of this section. C. Residential separation buffers. Residential separation buffers shall be established to adequately buffer different housing types from dissimilar housing types within adjacent separate developments. The requirements for residential separation buffers are as follows: (1) When placed adjacent to one another, developments with different housing types shall provide the following residential separation buffers: MINIMUM RESIDENTIAL SEPARATION BUFFER AREA REQUIRED Proposed Use/Development Adjoining Existing Use/Development 1 2 3 4 5 1. Single-family detached - - A B B 2. Single-family zero lot line or small lot - - A B B 3. Multiplex or townhouse B B - B B 4. Garden Apartment or Multifamily buildings C C B - A 5. Age-restricted multifamily C C C - - BUFFER AREA WIDTH AND PLANT REQUIREMENTS Type Inactive (Minimum) (feet) Active (Maximum) (feet) Total (feet) Screen Type A 15 10 25 Full Screen A 30 20 50 Landscape Screen A 75 25 100 No Screen Chapter 165 – Landscaping Sections 11 B 30 20 50 Full Screen B 45 30 75 Landscape Screen B 75 25 100 No Screen C 75 25 100 Full Screen C 100 50 150 Landscape Screen C 150 50 200 No Screen (2) 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 homeowners association. (3) 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 feet. (4) 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. (5) 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 Master Development Plan shall not require residential separation buffers between housing types contained within the same development. The Zoning Administrator may require residential separation buffers when a Master Development Plan is revised and the housing types are modified after construction has already commenced within the development. Residential separation buffers shall be required when different housing types are placed adjacent to a mixed use or Master Planned development or if the development abuts different housing types within a separate development. (6) The Board of Supervisors may waive, reduce and/or modify the residential separation buffer requirements (distance or landscaping) if 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. (7) The Board of Supervisors may waive, reduce and/or modify the residential separation buffer requirements (distance or landscaping) when utility conflicts preclude the installation of the buffer and would result in unnecessary or otherwise unreasonable hardship to the developer. Chapter 165 – Landscaping Sections 12 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: 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 Chapter 165 – Landscaping Sections 13 (b) Buffer categories to be provided on land to be developed according to the zoning of the adjoining land: (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. Zoning of Adjoining Land Zoning of Land to be Developed RP R4 R5 MH1 B1 B2 B3 OM M1 M2 EM MS 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 - Chapter 165 – Landscaping Sections 14 (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. (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 Chapter 165 – Landscaping Sections 15 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. (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. E. Road efficiency buffers. (1) Road efficiency buffers. The purpose of these requirements are to provide protection for residential structures from any street classified as a collector road or higher while still providing an attractive view of the residential neighborhoods from major roadways. It is not the intent of these regulations to provide uniform linear strips of completely opaque screening but to provide an attractive view of residential neighborhoods from major streets and ensure adequate buffering for the residential neighborhood from the street. Distance Buffer Required Road Classification Inactive (minimum) (feet) Active (maximum) (feet) Total (feet) Screen Type Interstate/ arterial/ limited access Full-distance buffer 50 50 100 Landscape Screen Reduced-distance buffer 40 40 80 Full Screen Chapter 165 – Landscaping Sections 16 (2) All road efficiency buffers shall begin at the edge of the road right-of-way, with the inactive portion abutting the road right-of-way. All required elements of the full-distance buffer or the reduced-distance buffer shall be located within the inactive portion of the road efficiency buffer. Maintenance of the road efficiency buffer shall be in accordance with § 165- 203.01B(3). The inactive portion of the road efficiency buffer is permitted to count towards the required percentage of common open space; however, no portion of a residential lot shall be located within the inactive portion of the road efficiency buffer. The active portion of the road efficiency buffer may be permitted to be located within a residential lot, provided that the primary structure is not located within the buffer area. Accessory structures may be located within the active portion of the road efficiency buffer, provided that the structures meet all applicable setback requirements. Access roads serving as the primary means of vehicular travel to residential subdivisions are permitted to traverse road efficiency buffers. (3) All road efficiency buffers shall contain landscaping evergreen trees intended to reach a minimum height of 20 feet at maturity. (4) The Zoning Administrator may allow alternative landscaping near entrance drives to ensure safe sight distances. (5) The Zoning Administrator may waive, reduce and/or modify the road efficiency buffer yard requirements if in his opinion 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. 6) When existing mature woodland, when supplemented by new vegetation if needed, is located within the entire buffer area and meets the intent of this section, preservation of that woodland will be allowed to substitute for the required plant material and the opaque screening. Part 204 – Additional Regulations for Specific Uses § 165-204.18 Storage facilities, self-service. F. Self-service storage facilities shall meet the following landscaping or screening requirements: (1) Facilities located in the B-2 Business General District shall be completely screened around the perimeter of the property by a double row of evergreen trees that are staggered and planted a maximum of eight feet off center and are a minimum of six feet in height when planted. Major collector Full-distance buffer 40 40 80 Landscape Screen Reduced-distance buffer 40 10 50 Full Screen Chapter 165 – Landscaping Sections 17 (2) Facilities located in the B-3 Industrial Transition District or the M-1 Light Industrial District shall be required to landscape the yard area within the front yard setback to provide for a double row of evergreen trees that are staggered and planted a maximum of eight feet off center. The side and rear yards shall be planted with a single row of evergreen or deciduous trees that are planted a maximum of 40 feet off center. All trees shall be a minimum of six feet in height at the time of planting. (3) Facilities located on parcels that are within a master planned industrial park or office park shall be required to landscape the perimeter of the facility with a single row of evergreen or deciduous trees that are planted a maximum of 40 feet off center. All trees shall be a minimum of six feet in height at the time of planting. (4) The required planting of all trees described under this Subsection F shall occur in an area that is between the adjoining property boundary line and the placement of security fencing. The installation of an opaque wall or fence that is a minimum of six feet in height may substitute for required landscaped areas in all zoning districts. § 165-204.24. Tractor Truck and Tractor Truck Trailer Parking. Tractor truck and/or tractor truck trailer parking facilities in the B3 (Industrial Transition), M1 (Light Industrial) and M2 (Industrial General) Zoning Districts permitted as a primary use with a conditional use permit shall meet the following conditions: 1. All areas utilized for the parking of tractor trucks shall meet the requirements of § 165-202.01D. Areas utilized for the storage of trailers may utilize a gravel surface. 2. All paved and gravel surfaces shall be properly maintained to ensure that dirt, mud, gravel or the like is not distributed onto roadways. 3. No inoperable tractor trucks or damaged/salvage trailers, unlicensed trailers or cargo/storage containers shall be parked or stored on the site. 4. Fuel sales shall not be permitted. 5. Maintenance of trucks and trailers shall not be permitted. 6. Facilities shall be required to landscape the yard area within the front setback to provide for a double row of evergreen trees (minimum of two different species). The on-center distance between each tree in the staggered double row shall not exceed the widest width of the selected evergreen trees. At no point shall the offset between each evergreen tree planted in the staggered double row be less than 90 degrees. The side and rear yards shall be planted with a single row of evergreen trees that are planted a maximum of 40 feet on center. All trees shall be a minimum of six feet in height at the time of planting. The Board of Supervisors may allow for alternative landscaping based on topography and/or adjacent land uses. 7. A site plan in accordance with the requirements of Article VIII shall be submitted to and approved by Frederick County. Chapter 165 – Landscaping Sections 18 ARTICLE V PLANNED DEVELOPMENT DISTRICTS Part 502 – R5 Residential Recreational Community District § 165-502.05 Design requirements. (c) In age-restricted communities, the following landscaping alternative may be provided when utilizing the single-family small lot housing type that front on private streets: minimum landscape plantings, in addition to the required street trees, shall be three trees and 12 shrubs. Trees shall be a minimum of two inches in caliper at time of planting, and shrubs a minimum of 12 inches in height at time of planting. Part 504 – MS Medical Support District § 165-504.07 Open space, landscaped area, and buffer and screening regulations. A. The minimum open space percentage for the MS (Medical Support) District shall include: (1) Twenty percent of the overall gross area of a master-planned MS (Medical Support) District that is to be developed as one parcel. (2) Twenty-five percent of the total site area of individual parcels that are subdivided for support services and 30% of the total site area of individual parcels that are subdivided for related residential land uses. B. All open space areas shall be landscaped to provide for a grass cover and vegetative elements as required under § 165-202.01D(13), regarding parking lot landscaping, and § 165-203.02, Buffers and screening, requirements of this chapter. Minimum standards for required vegetative elements include two-inch caliper trees and three-foot shrubs at the time of planting. Stormwater management facilities and landscaped parking lot raised islands shall be permitted to be calculated as part of the overall open space percentage. C. Buffer and screening requirements for the MS (Medical Support) District shall include: (1) Master development planned area that is to be developed as one parcel. (a) A fifty-foot perimeter buffer from all adjoining parcels. The first 25 feet of this buffer area, measured from the adjoining property line, shall provide vegetative plantings, including a single row of evergreen trees on ten-foot centers that are a minimum of four feet at the time of planting, and a single row of deciduous trees spaced 30 feet apart that have a minimum two-inch caliper at the time of planting. An earth berm that is four feet in height and constructed on a slope of 3:1 shall be provided in addition to the vegetative plantings if the primary use of the adjoining property is residential. Parking and maneuvering areas may be Chapter 165 – Landscaping Sections 19 established within the remainder of the buffer area, provided that all requirements of § 165- 202.01D(13), regarding parking lot landscaping, are met. (b) A fifty-foot internal separation buffer between all support service land uses and related residential land uses meeting the vegetative planting and earth berm requirements specified in § 165-504.07C(1)(a) of this Part 504. (c) An internal residential separation buffer between detached, semi-detached, and all other related residential land uses containing a twenty-five-foot buffer with a single row of evergreen trees on ten-foot centers that are a minimum of four feet at the time of planting. (d) Continuing-care retirement communities (as defined) shall be exempt from internal separation and internal residential separation buffers. (2) Master development planned area that is to be developed as individual parcels. (a) Buffer and screening requirements between all land uses which are not contained within the same categories identified in § 165-504.02B of this Part 504. (b) All land uses required to provide buffers and screening internal to the MS (Medical Support) District shall meet the requirements of a B Category buffer as described in § 165-203.02 of this chapter; as well as all other applicable provisions of this section. (3) All parcels within the MS (Medical Support) District which adjoin parcels that are utilized for agricultural activities shall provide the following buffers: (a) A one-hundred-foot buffer adjacent to a parcel whose primary use is agriculture. Agricultural land use shall be considered to be any parcel zoned RA (Rural Areas) District whose primary use is not residential or orchard. A twenty-foot landscaped easement, measured from the adjoining property line, shall be provided which contains a single row of evergreen trees on ten-foot centers that are a minimum of four feet at the time of planting and an earth berm that is three feet in height and constructed on a slope of 3:1. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-202.01D(13), regarding parking lot landscaping, are met. (b) A two-hundred-foot buffer adjacent to a parcel whose primary use is orchard. A forty-foot landscaped easement, measured from the adjoining property line, shall be provided which contains a double row of evergreen trees on ten-foot centers that are a minimum of four feet at the time of planting and an earth berm that is six feet in height and constructed on a slope of 3:1. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-202.01D(13), regarding parking lot landscaping, are met. (4) A road efficiency buffer meeting the requirements § 165-203.02E of this chapter shall be provided for all related residential land uses permitted in § 165-504.02B(5) of this Part 504.