DRRC 07-28-11 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
540/665-5651
MEMORANDUM FAX: 540/665-6395
To: Development Review and Regulations Committee
From: Candice E. Perkins, AICP, Senior Planner lkU
Subject: July Meeting and Agenda
Date: July 18, 2011
The Frederick County Development Review and Regulations Committee (DRRC) will be meeting on
Thursday, July 28, 2011 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 revisions to the Frederick County
Zoning Ordinance to revise the landscaping requirements.
2) Riparian Buffers. Discussion on revisions to the riparian buffer requirements.
3) Lot Sizes for Public Utilities. Discussion on revisions to the lot size and setback
requirements for lots created for public utilities.
4) Permitted Uses in the RA (Rural Areas) and RP (Residential Performance) Zoning
Districts. Discussion on use additions to the RA and RP Zoning Districts.
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/bad
Attachments
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Item #2: Landscaping Ordinance Revisions
Over the years, staff has encountered issues regarding the landscaping requirements contained within
the Zoning Ordinance. Specifically, concerns have been expressed over the allowable plant types,
maintenance of plants, enforcement and bonding, residential separation buffers and road efficiency
buffers. The DRRC first discussed these revisions in October of 2009 and again in May of 2011.
Since that meeting, staff has continued to revise the landscaping ordinance to ensure that it addressed
needs of Frederick County and the concerns of the DRRC. The draft landscaping ordinance proposes
the following revisions:
• Types of landscaping. Revisions to include new plant types, removal of certain plants and/or
elimination of plants for specific landscaping uses.
• Provisions for the condition, planting procedures and maintenance of landscaping.
• Provisions for the replacement of dead or dying plants and a requirement that plants removed
be replaced with a larger plant size, and a requirement that fences and walls be maintained.
• Revisions to the allowances for tree credits and provisions for the replacement of trees
utilized for tree credits.
• Enforcement and Guarantees. Expanded section regarding bonding of landscaping to receive
occupancy permits.
• Revised buffer and screening text, including revisions to the distance buffer text to outline
what is permissible within inactive and active buffer areas.
• Residential Separation Buffers. Complete revision to the required separation buffers
between various housing types.
• Road Efficiency Buffers. Complete revision to the required buffers between residential uses
and roadways.
If the DRRC is supportive of this ordinance amendment, staff will forward it to the Planning
Commission and Board of Supervisors for their consideration.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2
DRAFT Changes - Landscaping requirements 07/11/2011
Proposed changes previously discussed
Proposed changes since the May 2011 DRRC Meeting
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING,
BUFFERS, AND REGULATIONS FOR SPECIFIC USES
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 t#e
e-nimef Frederick County by providing minimum landscaping standards and encouraging tree preservation for
^s;ardevelopments. 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.
Note: Subsection "A" is unchanged.
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 table4is-t
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 lotscreening (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
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DRAFT Changes - Landscaping requirements 07/11/2011
Chinese Pistache
Pistacia chinensis
Street, shade, canopy, ornamental
Linden
Tilia (all varities)
Street, shade, canopy, ornamental
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
Acergriseum
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
DRAFT Changes - Landscaping requirements 07/11/2011
Saucer Magnolia
Magnolia x soulangiana
Shade, canopy, ornamental
Black Gum
Nyssa sylvatica
Shade, canopy, ornamental
Yeilowwood
Ciadrastis 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
Japanese Cedar
Cryptomeria japonica
Screen, ornamental
Viburnum (Evergreen)
(all evergreen/semi-evergreen varieties)
Screen, ornamental, shrub
DRAFT Changes - Landscaping requirements 07/11/2011
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
Crape Myrtle
Lagerstroemia indica
Ornamental
Persian parrotia
Parrotia persica
ornamental
Hydrangea
(all varieties)
Ornamental
DRAFT Changes - Landscaping requirements 07/11/2011
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
(2) Condition. All new plants required by this article shall be ofspecimen quality, exceptionally heavy,
symmetrical and outstandingly superior in form, compactness and symmetry. They shall be sound healthy,
vigorous, well branched and denselitfoliated when in leaf' free of disease and insects, eggs or larvae; and
shall have healthy, well-developed root systems. They shall be free from physical damage or other conditions
that wouldprevent vigorous qrowth. Trees with a damaged or crooked leader, bark abrasions sun scale
disfiguring knots, insect damage or cuts of limbs over % inch in diameter that are not completely closed will be
resected.
Q-3) Planting procedure. All required trees and shrubs shall meet the specifications and procedures established by
e# -the American Association of NuFseFymen 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 around up to and including four (4)
inch caliper size,. and twelve (12) inches above the around for larger sizes. Diameter 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
(4) Diversity, For each group of plant material (street shade, screen, buffer, etc.) the plan shall have a diverse
mix of species. In those cases where there are twenty-one (21) or more of one plant type (such as buffer trees)
the percentage of one species within each group shall not exceed thirty percent (30%). in smaller projects
where twenty (20) or less of any plant type are required, the thirty percent (30%) maximum shall not apply,
5) Maintenance. The owner, developer, and/or builder who is responsible for planting required landscaping as
shown on an approved site or subdivision plan, 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
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DRAFT Changes - Landscaping requirements 07/11/2011
and/or r' -s propertyowners' association shall become responsible for maintenance. Maintenance
shall include the following: As IeRg as the iRte ,t Gf this Seen^is et the ZeniRg AdFniniStFat9F May waiVe the
i fOF landseaping on individual building lets when - haizard Ar P,
a) Maintaining landscaping in good condition shall include allowing shade trees to grow according to the
natural height, width and habit of the particular species and shall prohibit the topping of required trees.
b) Dead or dying vegetation shall be replaced per direction of the Zoning Administrator. Replacement shrubs
shall be of a size consistent with that which could normally be expected based upon the specific species
and the length of time elapsed since initial installation. Replacement trees shall be %" caliper larger for
each year since initial installation of said required trees, except that no owner shall be required to replace
any tree with another tree larger than three (3) inches in caliper.
c) Fences and walls shall be maintained in good repair. Openings within the barriers may be required by the
Zoning Administrator far accessibility to an area for necessary maintenance or pedestrian accessibility.
(6) Substitutions. All trees and shrubs planted shall be of the species and size specified on the approved site plan
or subdivision design plan, unless substitutions have been approved in writing by the Zoning Administer or his
designee prior to planting. Substitutions that have been planted without prior approval shall be removed and
replaced by acceptable species, if required by the Zoning Administrator.
(7) Waivers. So 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. Existing vegetation which is suitable for use in compliance with the requirements of tf the
Vie# § 165-203.01 is Pied, including species type and location, and 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 § 165-202.01E(11), 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
diameterfai pef:
Diameter Breast Height (DBH)
Tree Credit
4to6
1
7to12
2
13 to 18
3
19 to 29
4
Greater than 30
5
(1) When existing trees are utilized for tree credits the Critical Root Zone for these trees must be entirel
contained within a delineated no disturbance area.
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DRAFT Changes - Landscaping requirements 07/11/2011
(2) In the event that an existing tree utilized for tree credits dies or is removed, the tree will be replaced by the
planting of nursery stock trees. The number of replacement trees will be determined by the number of credits
received for the existing tree.
^mid. Enforcement Procedures and Guaranty Requirements. In lieu of installation of the landscape and
screening materials prior to the issuance of an occupancy permit, the developer or property owner may post a
guaranty acceptable to the County, conditioned upon satisfactory installation of the improvements proposed in the
Site Plan or Subdivision Design Plan. The guaranty shall be supported by (1) an estimate prepared by a landscape
contractor of the cost of installing such landscaping, which amount must be determined to be sufficient by the
Zoning Administrator, and (2) a letter expressing the intent of the developer to install the required plants If the
required landscaping is not installed within six (6) months, the monetary guaranty shall be forfeited to the County
to use for the planting of the required materials.
§ 165-203.02 Buffer and screening requirements.
it is the intent of the regulations The purpose and intent of this section is to encourage proper design of a site in order
to protect adfaEent existing- uses and to pFetectPrepesed uses -within the si from and mitigate the effects of an
incompatible development on adjacent uses by requiring shielding in the form of a screen and/or buffer between the
uses. This screen and/or buffer shall be installed in order to minimize the harmful impacts of noise, dust and other
debris or other artificial intrusion, and other activities or impacts created by an incompatible adjoining use. Certain
types of uses m.14-4-4 be buffered fFOFn GtheF types in Arder- te enswFe a desirable living enviropment Additionally,
appropriate distances must be maintained between commercial, industrial and residential uses and roads. The
maintenance of all buffer and screening elements shall be in accordance with § 165-203.01B(3).
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. Utility easements may be included within buffer yard areas provided that the utility requirements
and buffer yard requirements are compatible and required landscaping is not planted within said easement
without prior written approval from the owner of the easement. 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. Inactive buffers shall not contain road rights -of -
ways but may contain vehicular interparcel connections or access to a parcel if no other means of vehicular
access are available. Stormwater management and BMP facilities shall not be permitted within an inactive
buffer area unless they meet the intent of the inactive distance buffer and only if approved by the Zoning
Administrator.
(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 and passive recreation, are permitted in this
area. Active buffers shall not contain road rights-of-way but may contain vehicular interparcel connections and
travelways. Storm water management and BMP facilities shall be permitted within an active buffer area.
►A
DRAFT Changes -- Landscaping requirements 07/11/2011
(3) Wherever proposed developments are adjacent to or within 1,000 feet of the boundaries of existing uses, the
Planning Commission 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 Planning Commission 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 single family detaehed tFaditienal and clusteF dwellings fFeM atheF housing types different
housing types from adjacent dissimilar housing types. The fURCtie^ of the perimete sepaFatiGRbu4eF shag -bee -to
adequately sepaFate differ-e.At hA-'-'-riRg types within adjeining develapmeRtS, while the inteFiE)F separatien bu4e
shall adequately sepaFate different housing typeS WithiR mixed use The requirements for peFiFnete
and intermar residential separation buffers are as follows:
(1 ) When placed adjacent to one another, different housing types shall provide the following residential
separation buffers:
(a) VVheFeveF pessible eF pFactiGal, siRgle family detached traditional, UFbaR,__G_lUSteF and Single family zere let
WAP- -ARd SiRgle faFRily SImIa" InOt hn- --,Sing shall Rot be plaeed adjaeeRt to other residential 'OtS GF StFUGWFes.
��essrn:f _
Mir
SC-Feening PFevided inaet6ye (Minimum) (feet) AGtive (Maximunn) (feet) Total (fee%)
Landscape screen 35g -50 200
r1
DRAFT Changes - Landscaping requirements 07/11/2011
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[21 if single family zeF9 19t 9F SiRgle family small lot struc-tuFes aFe placed agaiRst single fam"y detae
ON
Distance SuffoF Required
c.-rp ping o.e..ided
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lirtive (Maximum) Ifeetl
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No screen
1-59
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GveeRiRg D.e.rided
inactive (Minimum) (feet)
motive (Maxi..,up;) (feet)
Total (feet)
�7
MUMEMMIMM
GveeRiRg D.e.rided
inactive (Minimum) (feet)
motive (Maxi..,up;) (feet)
Total (feet)
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DRAFT Changes - Landscaping requirements 07/11/2011
,
MINIMUM RESIDENTIAL SEPARATION BUFFER AREA REQUIRED
BUFFER AREA WIDTH AND PLANT REQUIREMENTS
Proposed Use/Development
Adjoining Existing Use/Development
Inactive (Minimum)
(feet)
Active (Maximum)
(feet)
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. Single-family attached or semi-detached
B B - B
B
4. Multifamily buildings
C C B -
A
5. Age -restricted multifamily
C C C -
-
(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 shag 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 shall not require residential separation buffers
between housing types contained within the same development. Residential separation buffers shall be
required when different housing types are placed adjacent to a mixed use development or if the mixed use
development abuts different housing types.
Note: Subsection "D" is unchanged.
E. 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.
10
BUFFER AREA WIDTH AND PLANT REQUIREMENTS
Type
Inactive (Minimum)
(feet)
Active (Maximum)
(feet)
Total
(feet)
Screen
Type
A
15
10
25
Full Screen
A
25
25
50
Landscape Screen
A
75
25
100
No Screen
B
25
25
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 shag 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 shall not require residential separation buffers
between housing types contained within the same development. Residential separation buffers shall be
required when different housing types are placed adjacent to a mixed use development or if the mixed use
development abuts different housing types.
Note: Subsection "D" is unchanged.
E. 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.
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DRAFT Changes - Landscaping requirements 07/11/2011
g -
(1) All residential structures shall be separated from interstate, limited access, primary, major arterial, minor arterial
or major collector roads, as designated by the Virginia Department of Transportation or the Frederick County
Comprehensive Plan, by the following road efficiency buffers:
Distance Buffer Required
Road Type 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
Major collector
Full -distance buffer
40
40
80
Landscape Screen
Reduced -distance buffer
40
10
50
Full Screen
(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
idenfifln.d in §165 203.02E(3) shall be located within the inactive portion of the road efficiency buffer_
Maintenance of the road efficiency buffer shall be in accordance with § 165-203.018(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) AW rA—ad- efficiency buffers Shall c_-A_ntain-evergFeen tFees intended to reach a minimurn height of 20 feet -4t
rnatuFity. These eveFgreen trees shall pFevide a continuous scFeen, with plantings spaced ne meFe than 10 feet
apart. The fi-i" rdistapp-p- -h,--ffp-.r Shall c--enta;n a double row of evergFeen trees that aFe a MiRiMuFn ef four feet in
height when planted. The Feduced di-st-ance buffer shall ceRtain PArth hi-rm that is six feet in height abeve
the average r-ead gFade and shall contain a single rei.v of evergFeen trees that are a Fninimum of four feet in
height when planted. Alternative landscaping may be permitted near entrance drives to ensure safe sight
distances. The Planning Commission may allow for alternative designs which meet the intent of the section in
the event of topography or sight distance constraints.
(4) The buffer width may be reduced by up to twenty percent (209,6) when the line of sight from the traveling
lane is at least ten (10) feet above the rear yard elevation of the ground floor of the dwelling.
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DRAFT Changes - Landscaping requirements 07/11/2011
(5) When existing mature woodlands are located within the entire buffer area (reduced distance) and meet the
intent of this section, preservation of that woodland will be allowed to substitute for the required plant
material and opaque screening.
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Item #2: Riparian Buffers
Staff has been requested to review the riparian buffer requirements contained within the Zoning
Ordinance and the provisions for disturbing and crossing them. A riparian buffer is defined as
follows:
RIPARIAN BUFFER - An area of trees, shrubs, or other vegetation that permits inundation by water
and is at least 35 feet in width, measured outward from both sides of a natural waterway beginning
along the slope of the ground from the channel scar line. A riparian buffer is managed to maintain
the integrity of stream channels and reduce the effect of upland sources of pollution by trapping,
filtering, and converting sediments, nutrients, and other chemicals.
NATURAL WATERWAY - Creeks, streams, runs, or other annual or perennial waterways identified
on United States Geological Survey, Commonwealth of Virginia or Frederick County maps.
In accordance with §165-201.08 - Protection of environmental features. Wetlands, natural
waterways, and riparian buffers. Disturbance of wetlands is only permitted in accordance with the
requirements of the United States Army Corps of Engineers or other qualified state or federal agency.
The disturbance of natural waterways and riparian buffers is prohibited except when necessary for
public utilities, public facilities, or roads.
Roads are defined as "A street dedicated to or owned by Frederick County or the Virginia
Department of Transportation; also, existin privately owned rights-of-way which serve as the
principal means of access to more than one property".
Therefore, under the current definitions and ordinances, riparian buffers cannot be disturbed for the
construction of new private roads or for private access to any property. Staff has prepared an
ordinance amendment that includes the following:
• Revision to the definition of a riparian buffer to also include floodplain as a measurement.
• Amendment to allow riparian buffers to be disturbed to provide for a means of access (as
defined) to a property.
ACCESS - A way or means of vehicular or pedestrian approach to provide physical entrance to a
property.
If the DRRC is supportive of this ordinance amendment, staff will forward it to the Planning
Commission and Board of Supervisors for their consideration.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
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Item #2
Attachment 1
ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS
§ 165-101.02 Definitions & word usage.
RIPARIAN BUFFER - An area of trees, shrubs, or other vegetation that permits inundation by water and is
at least 35 feet in width, measured outward from both sides of a natural waterway beginning along the
slope of the ground from the channel scar line, or shall equal the extent of the 100 year floodplain
whichever is greater. A riparian buffer is managed to maintain the integrity of stream channels and
reduce the effect of upland sources of pollution by trapping, filtering, and converting sediments,
nutrients, and other chemicals.
ROAD - A street dedicated to or owned by Frederick County or the Virginia Department of
Transportation; also, existing privately owned rights-of-way which serve as the principal means of access
to more than one property.
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES
§ 165-201.08 Protection of environmental features.
B. All developments which require a master development plan, subdivision design plan, site plan, or
preliminary sketch plan shall preserve the following environmental features as described:
(3) Wetlands, natural waterways, and riparian buffers. Disturbance of wetlands is only permitted in
accordance with the requirements of the United States Army Corps of Engineers or other
qualified state or federal agency. The disturbance of natural waterways and riparian buffers is
prohibited, except when necessary for public utilities, public facilities, access to a property or
roads. Any alteration to a floodplain or a watercourse shall be in conformance with Part 702.
Item #3: Lot Sizes for Public Utilities
Staff has been requested to review the minimum lot size and setback requirements for lots that
contain public utilities. Currently, the Zoning Ordinance requires that the minimum lot size for these
uses follow the minimum lot size specified for the individual zoning district and meet all setback and
access requirements. Staff has prepared the following ordinance amendments:
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES
Part 204 — Additional Regulations for Specific Uses
§ 165-204.26. Public Utilities.
A. Public Utilities. Lot requirements for lots used by political subdivisions municipal corporations
the Virginia Department of Transportation, the Frederick -Winchester Service Authority, or the
Frederick County Sanitation Authority for public utility purposes shall be as follows:
(1) in all zoning districts, the Zoning Administrator shall have the authority to determine the
minimum lot size necessary for such public utilities and the appropriate setbacks for such
lots used public utility purposes.
(2) Such lots shall be exempt from the individual on-site sewage disposal system requirements
(3) Such lots maybe accessed by private access easements; any such easement maybe less than
fifty (50) feet in width.
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
Part 401— RA Rural Areas District
§ 165-401.05 Minimum lot size.
The minimum lot size for permitted uses shall be two acres, except that lots used by political subdivisions
municipal corporations, the Virginia Department of Transportation, the Frederick -Winchester Service
Authority, or the Frederick County Sanitation Authority for public utility purposes shall be subject to the
requirements of §165-204.26.
Chapter 144 Subdivision of Land
ARTICLE V
Design Standards
§ 144.24. Lot requirements.
C. Lot access. Unless otherwise specified in Chapter 165 or 144. all lots shall abut and have direct
access to a public street or right-of-way dedicated for maintenance by the Virginia Department of
Transportation.
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Item #4: Permitted Uses in the RA and RP Districts
No
Staff has been requested to review additions to the RA (Rural Areas) and RP (Residential
Performance) Zoning Districts. The proposed additions are as follows:
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
Part 401— RA Rural Areas District
§ 165-401.02 Permitted uses.
DD. Libraries
EE. Public Buildings.
Part 402 — RP Residential Performance District
§ 165-402.01 Intent.
§ 165-402.02 Permitted uses.
B. Structures are to be erected or land used for one or more of the following uses:
(11) Libraries, and museums.
(14) Public Buildings.
For reference:
PUBLIC BUILDING - Any area, building or structure used or controlled for government purposes,
that is owned, held, operated by any department, branch or unit of the Federal Government, the
Commonwealth of Virginia or one or more of its local governments, political subdivisions or
municipal corporations.
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