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015-21 (ProposedOrdAmendmentChapter165Zoning(OpaqueFenceRequirement)) 4�G COG Action; BOARD OF SUPERVISORS: August 11, 2021. RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES PART 201 —SUPPLEMENTARY USE REGULATIONS PART 203- BUFFERS AND LANDSCAPING PART 204-ADDITIONAL REGULATIONS FOR SPECIFIC USES WHEREAS, Frederick County received a request to amend Chapter 165, Zoning, to allow chain-link fence with slats to satisfy the opaque fence requirement for zoning district buffers where a waiver was granted by the Board of Supervisors; and to modify the allowed types of screening for certain uses in the County's business and industrial districts; and WHEREAS, the Development Review and Regulations Committee (DRRQ reviewed the proposed changes at their June 24 regular meetings; and WHEREAS, the Planning Commission discussed the amendinent at their regularly scheduled meeting on July 21, 2021 and agreed with the proposed changes; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on August 11, 2021; WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165 to allow chain-link fence with slats to satisfy the opaque fence requirement for zoning district buffers where a waiver was granted by the Board of Supervisors; and to Res # 015-21 modify the allowed types of screening for certain uses in the County's business and industrial districts; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to allow chain-link fence with slats to satisfy the opaque fence requirement for zoning district buffers where a waiver was granted by the Board of Supervisors; and to modify the allowed types of screening for certain uses in the County's business and industrial districts. Passed this l It" day of August 2021 by the following recorded vote: Charles S. DeHaven, Jr., Chainnan Aye Blaine P. Dunn Aye Shawn L. Graber Aye Judith McCann-Slaughter No David D. Stegmaier Aye Robert W. Wells Aye J. Douglas McCarthy Aye A COPY ATTEST Mary T. Pri e Interim County Administrator Res #015-21 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 Fax: 540/665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: M. Tyler Klein,AICP, Senior Planner ' SUBJECT: Discussion- Ordinance Amendment—Opaque Fence Requirements (revised) DATE: July 26,2021 Back round & Ordinance Amendment Proposal The Board of Supervisors at their May 12,2021,meeting, sent the proposed amendment to modify requirements for opaque fencing back to the Development Review and Regulations Committee (DRRC)for further revisions. Specifically,the Board directed Staff to amend the text to allow for the utilization of chain-link fencing with slats for zoning district buffers through a Board of Supervisors waiver. Further, the Board of Supervisors were supportive of allowing chain-link fencing with slats without the requirement for a waiver in the County's business and industrial zoning districts. The proposed ordinance amendment would allow for double-walled winged slats and chain-link fence to satisfy the opaque fence requirement for zoning district buffers through a waiver if granted by the Board of Supervisors. To be eligible for a waiver,the applicant/owner/developer requesting a waiver obtain written consent from the adjoining (affected) property owners to proceed. Additionally, the proposed amendment would also allow chain-link fence with slats for the screening of certain uses in the County's business and industrial districts. These uses include outdoor storage and processing,motor vehicle uses, automotive repair shops,public garages,trash storage, and storage/self-storage facilities. Current Zoning Ordinance Standard: The Zoning Ordinance defines an opaque fence as: "a fence that is constructed to visually obscure structures, outdoor storage area., and other uses. A chain linkfence with slats shall not constitute an opaquefence"(§165-101.02).The opaque fence requirement is also referenced in other sections of the Zoning Ordinance including: §165-201.10 Outdoor storage and processing. §165-203.02 Buffer and screening requirements. §165-204.11 Landfills,junkyards, trash disposal and inoperable vehicles (dumpster enclosures). §165-204.12 Motor vehicle service uses, automotive repair shops and public garages. x'165-204.18 Storage facilities, self-service, OA—Opaque Fence Requirements (revised) July 26,2021 Page 2 In satisfying the requirements for an opaque fence in the above sections, a 6-foot (FT) tall board- on-board fence, hedge, wall, or a berm is typically required. However, a chain link fence with an opaque vinyl tarp attached to it has also been allowed to satisfy the "opaque fence"requirement in certain circumstances. For these outdoor storage areas, chain link is the preferred type of fence for security. Zoning district buffers and residential separation buffers also require an opaque fence to screen differing land-uses on adjoining properties. The elements fulfilling the requirements for a "full screen" buffer are landscape plantings, plus a 6-FT tall opaque wall, fence, hedge or berm. The full screen components were expanded in 2019 through a text amendment approved by the Board of Supervisors, to allow an additional two 2 rows of evergreen trees that are six feet tall at time of planting in lieu of an opaque fence. DRRC & Planning Commission Summary The DRRC discussed the revised text as requested by the Board of Supervisors at their meeting on June 24, 2021. The DRRC offered no changes to the revised amendment which specifies that double-walled winged slats and chain-link fence satisfies the opaque fence requirement for zoning district buffers through a waiver granted by the Board of Supervisors. The DRRC did express concern with requiring a waiver to go before the Board of Supervisors when the consent of neighboring (affected) property owners had already been provided in writing. The DRRC suggested an administrative waiver by the Zoning Administrator may be more appropriate. The Planning Commission discussed this amendment at their meeting on July 21, 2021. The Planning Commission offered no continents and sent the item forward to the Board of Supervisors for discussion. Conclusion and Requested Action: The attached document shows the existing ordinance with the proposed changes supported by the DRRC and Planning Commission (with bold italic for text added). This item is presented for discussion. Staff is seeking direction from the Board of Supervisors on the appropriateness of this request and if the item is ready to be scheduled for public hearing. MTK/pd Attachment: 1. Revised ordinance with additions shown in bold underlined italics. Proposed Changes—Opaque Fence Requirements Revised May 25,2021;DRRC endorsed June 24,2021 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 evergreen screen. in no case shall hain iiek fe nekig with slats,be utilized f a Chain-link fencing with slats, with,a Privacy factor of 90% or greater may be utilized to satisfy the opaque fence requirements when the adioininQ:properties are in the B-2 (General Business),B-3(Industrial Transition),M-1(Light Industrial) M-2(Industrial General), OM(OfficeManufacturirig), EM(Extractive Manufacturing),MS(Medical Support)Districts, or other zoning districts where the proposed use is also allowed b. Chain-link fencing with slats shall consist of double-walled winged slats:or equivalent if approved by the Zoninm Administrator. c. Chain-link fencing with slats shall only utilize thefollowing colors: dark green, brown, black or tan, The use 0 wood slats or Plastic slats without interlockin2 wins and double walls shall be prohibited d Chain-link fencink with slats shall not be,permitted to be used as a screen along primarr, arterial:"or collector`roadways, Part 203 Buffers and Landscaping §165-203.:02 Buffer and screening requirements. It is the intent of the regulations of this seetion 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. D. Zoning district buffers.Buffers shall be placed on land to be developed when it adjoins land in certain zoning districts. 11. The Board of Supervisors may grant a waiver to allow chain-link fence with slats to satisfy the opaque fence requirements for zoning district buffers between land primarily used for residential purposes and land located in the B-1 (Neighborhood.Business) or B-2 (General Business) Zonine District with the consent of the adjacent a ected Property owners A chain-link fence with slats shall meet the following criteria: a. Chain-link fencing with slats must have a privacy factor of 90% or greater. b. Chain-link feneink with slats shall consist o double-walled winged slats. Proposed Changes-Opaque Fence Requirements Revised May 25,2021;DRRC endorsed June 24,2021 c. Chain-link encin with slats shall only utilize the irllowin- colors: dark zreen, brown black or tan. d. The use of wood slats or plastic slats without interlocking wings and double walls shall be prohibited. Part 204 Additional Regulations for Specific Uses §165-204.12 Motor vehicle service uses, automotive repair shops and public garages. B. All exterior storage of parts and equipment shall be screened'from view of surrounding properties by an opaque fence or screen at least six feet in height.This fence or screen shall be adequately maintained. a. Chain-link fencing with slats, with a privacy factor of.90% or greater may be utilized to satisfy the opaque fence requirements.when the adioining properties are in the B-2 General Business),B-3(Industrial Transition), NII (Light Industrial),M-2 Industrial General OMO ace�-Manu acturin EM Extractive Manu acturin MS Medical Support)Districts or other zonink districts where the proposed use is also allowed. b. Chain-link fencin-e with slats shall consist of double-walled winged slats,• orequivalent if approved by the Zonin Administrator. e. Chain-link fencing with slats shall only utilize the following colors:dark green, brown, black or tan. The use of wood slats or plastic slats without interlockink winks and double walls-shall be prohibited d Chain-link Lencing with slats shall not be permitted to be used as a screen aloe primary, arterial, or collector roadways. §165-204.18 Storage facilities,self-storage. F. SeI£storage facilities shall meet the following landscaping or screening requirements. 4) The installation of an opaque wall or fence that is a minimum of six feet in height may substitute for required Iandscaped areas in all zoning districts. a. A solid building wall,free of windows or doors, is not required to be screened. b.' Chain-link fencing with slats with a privacy factor of 90% or greater Way be utilized to satisfy the opaque fence requirements when the adjoining properties are in.the B-2(General Business).B-3 (Industrial Transition),M-I (Light Industrial), M-2(Industrial General), 4M(Office Manufacturing),EM(Extractive Manu acturinMS Medical Support)Districts or other onin districts where the proposed use is also allowed. e. Chain-link fencing with slats shall consist of double-walled winged slats, or e uivalent approved by the Zonina Administrator. d Chain-link fencing with slats shall only utilize the following colors:dark green, brown, black, or tan. The use of wood slats or plastic slats without interlocking win s and double walls shall he prohibited e. Chain-link fencing with slats shall not be permitted to be used as a screen along primary, arterial, or collector roadways.