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DRRC 06-24-21 Meeting Agenda1.Opaque Fence Requirements 1.A.Opaque Fence Requirements Request to modify requirements for “opaque fence” to allow chain link fence with slats to fulfill screening requirements under certain conditions. This proposed amendment was initiated by a business owner in the County through their Board of Supervisors representative. 2.Master Development Plans 2.A.Master Development Plans Request to remove public meeting requirements/presentations to the Planning Commission and Board of Supervisors for Master Development Plans (MDP). This proposed amendment was initiated by staff. 3.Other AGENDA DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE THURSDAY, JUNE 24, 2021 7:00 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA DRRC06-24-21ProposedChangesOpaqueFence.pdf DRRC06-24-21ProposedChangesMasterDevelopmentPlans.pdf 1 Development Review and Regulations Committee Agenda Item Detail Meeting Date: June 24, 2021 Agenda Section: Opaque Fence Requirements Title: Opaque Fence Requirements Attachments: DRRC06-24-21ProposedChangesOpaqueFence.pdf 2 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Development Review & Regulations Committee (DRRC) FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendment – Opaque Fence Requirements DATE: June 9, 2021 Background At the Development Review and Regulations Committee (DRRC) March 25, 2021, meeting, a Zoning Ordinance text amendment to allow chain-link fencing with plastic slats to fulfill opaque fencing requirements was sent forward for discussion. This amendment was subsequently discussed by the Planning Commission and Board of Supervisors. The Board of Supervisors at their May 12, 2021, meeting, sent the amendment back to the DRRC for further development. Specifically, the Board expressed support for allowing chain-link fencing with slats for zoning district buffers through a waiver approved by the Board of Supervisors. Further, the Board of Supervisors were generally supportive of allowing chain-link fencing with slats in the County’s business and industrial districts. This request for a Zoning Ordinance text amendment was initiated by a business through their Board of Supervisors representative to allow chain link fence with slats to fulfill the opaque fence requirements for a full screen Category B Type zoning district buffer. The owner initiating the request has an approved site plan with an outdoor storage area and is located in the B2 (General Business) Zoning District. The outdoor storage area is bounded on two sides by property zoned RP (Residential Performance) Zoning District (use: church and single-family detached residence). The site plan approved for this outdoor storage area depicted a full screen zoning district buffer that included the required landscaping and an opaque 6-foot (FT) tall board-on-board fence. Current Zoning Ordinance Standards: The Zoning Ordinance definition (§165-101.02) for an opaque fence specifies: “a fence that is constructed to visually obscure structures, outdoor storage areas, and other uses. A chain link fence with slats shall not constitute an opaque fence.” 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. §165-204.18 Storage facilities, self-service. In satisfying the requirements for an opaque fence in the above sections, a 6-foot (FT) tall board-on-board 3 DRRC Discussion OA – Opaque Fence Requirements June 9, 2021 Page 2 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 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. Ordinance Amendment for Discussion and Consideration: The DRRC previously discussed this item on January 28, February 25, and March 25, 2021. The revised text amendment (attached) seeks to address comments received from the Board of Supervisors at their May 12, 2021, meeting. The proposed amendment would allow via a waiver by the Board of Supervisors, for chain-link fencing with slats to satisfy the opaque element for zoning district buffers on a case-by-case basis during the site plan review/approval process. Additionally, the proposed amendment allows chain-link fencing with slats to satisfy the requirement of an “opaque fence” for certain uses, outlined above, where the adjoining properties are zoned commercial or industrial and/or where the use is also permitted in the adjoining zoning district. Conclusion and Requested DRRC Action: Staff is seeking direction from the DRRC on the proposed ordinance amendment to allow chain link fence with slats to satisfy the opaque element for zoning district buffers on a case-by-case basis where a waiver is granted by the Board of Supervisors, and for certain uses where the adjoining properties are zoned commercial or industrial and/or where the use is permitted in the adjoining zoning district; and whether this amendment may be moved forward to the Planning Commission for further discussion. MTK/pd Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 4 Proposed Changes – Opaque Fence Requirements Revised May 25, 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 chain-link fencing with slats be utilized for screening. 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 adjoining properties are in the B-2 (General Business), B-3 (Industrial Transition), M-1 (Light Industrial), M-2 (Industrial General), OM (Office-Manufacturing), 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 Zoning Administrator. c. 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 wings and double walls shall be prohibited. d. Chain-link fencing with slats shall not be permitted to be used as a screen along primary, 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 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. 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) Zoning District with the consent of the adjacent (affected) 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 fencing with slats shall consist of double-walled winged slats. 5 Proposed Changes – Opaque Fence Requirements Revised May 25, 2021 c. Chain-link fencing with slats shall only utilize the following colors: dark green, 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 adjoining properties are in the B-2 (General Business), B-3 (Industrial Transition), M-1 (Light Industrial), M-2 (Industrial General), OM (Office-Manufacturing), 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 Zoning Administrator. c. 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 wings and double walls shall be prohibited. d. Chain-link fencing with slats shall not be permitted to be used as a screen along primary, arterial, or collector roadways. §165-204.18 Storage facilities, self-storage. F. Self-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 landscaped 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 may be utilized to satisfy the opaque fence requirements when the adjoining properties are in the B-2 (General Business), B-3 (Industrial Transition), M-1 (Light Industrial), M-2 (Industrial General), OM (Office-Manufacturing), EM (Extractive Manufacturing), MS (Medical Support) Districts, or other zoning districts where the proposed use is also allowed. c. Chain-link fencing with slats shall consist of double-walled winged slats, or equivalent approved by the Zoning 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 wings and double walls shall be prohibited. e. Chain-link fencing with slats shall not be permitted to be used as a screen along primary, arterial, or collector roadways. 6 Development Review and Regulations Committee Agenda Item Detail Meeting Date: June 24, 2021 Agenda Section: Master Development Plans Title: Master Development Plans Attachments: DRRC06-24-21ProposedChangesMasterDevelopmentPlans.pdf 7 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Development Review & Regulations Committee (DRRC) FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendment – Master Development Plans DATE: June 9, 2021 Background This is a request for a Zoning Ordinance text amendment to remove the requirement that Master Development Plans (MDP) be presented to the Planning Commission (PC) and Board of Supervisors (BOS) at a public meeting as an information item prior to administrative approval. Presently, MDPs are presented for informational purposes only and no action is required by the PC or BOS. Current Zoning Ordinance Standard: A preliminary master development plan (MDP) shall be submitted to the Director of Planning and Development and shall be presented to the Planning Commission and the Board of Supervisors as an informational item. Ultimately, the MDP must receive administrative approval from the Director of Planning and Development and the County Administrator prior to any subdivision or development of property (§165-801). Ordinance Amendment for Discussion and Consideration: The proposed ordinance amendment removes the requirement for a presentation to the Planning Commission and Board of Supervisors for MDPs for projects under development and subdivisions in all zoning districts. Under the proposed amendment, when plans are administratively approvable (i.e., plans are in conformance with Zoning Ordinance and/or Subdivision Ordinance requirements and have been approved by all applicable agencies (including Frederick Water and/or VDOT), the MDP would proceed directly for signature (approval) by the Planning Director and County Administrator. Conclusion and Requested DRRC Action: Staff is seeking direction from the DRRC on the proposed ordinance amendment, to remove the requirement for MDPs to be presented for information purposes only to the Planning Commission and Board of Supervisors; and whether this amendment may be moved forward to the Planning Commission for further discussion. MTK/pd Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 8 Proposed Changes – Master Development Plans Draft May 25, 2021 ARTICLE VIII Development Plans and Approvals Part 801 Master Development Plans §165-801.02 When required. A. A preliminary master development plan (MDP) shall be submitted to the Director of Planning and Development. and shall be presented to the Planning Commission and the Board of Supervisors as an informational item. Ultimately, the MDP must receive administrative approval from the Director of Planning and Development and the County Administrator prior to any subdivision or development of property in any of the following zoning districts: §165-801.03 Waivers. A. RP, R4, R5, and MH1 Districts. The Director of Planning and Development may waive the requirements of a MDP in the RP (Residential Performance), the R4 (Residential Planned Community), the R5 (Residential Recreational Community), and the MH1 (Mobile Home Community) Zoning Districts if the proposed property for subdivision or development: RP Residential Performance District R4 Residential Planned Community District R5 Residential Recreational Community District MH1 Mobile Home Community District HE High Education District MS Medical Support District B1 Neighborhood Business District B2 Business General District B3 Industrial Transition District OM Office-Manufacturing Park District M1 Industrial Light District M2 Industrial General District EM Extractive Manufacturing District 9 Proposed Changes – Master Development Plans Draft May 25, 2021 1) Contains 10 or fewer single-family detached rural traditional, single-family detached traditional or single-family detached urban dwelling units (all other permitted housing types shall require a MDP); 2) Is not an integral portion of a property proposed or planned for future development or subdivision; 3) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and 4) Does not substantially affect the purpose and intent of its zoning district and the intent of this article. 5) A MDP may also be waived if the applicant chooses to process a site plan in lieu of a MDP. The site plan must contain all information generally required on a MDP and a site plan. Once the site plan is in an administratively approvable form, the plan will be presented to the Planning Commission and the Board of Supervisors per § 165-801.06. B. M1, EM and M2 Districts. The Director of Planning and Development may waive the requirement of a MDP in the M1 (Light Industrial), the EM (Extractive Manufacturing), or the M2 (Industrial General) Zoning Districts if the proposed subdivision or development: 1) Includes no new streets, roads or rights-of-way, does not further extend any existing or dedicated street, road or rights-of-way and does not significantly change the layout of any existing or dedicated street, road or rights-of-way; 2) Does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one lot; 3) Is not an integral portion of a property proposed or planned for future development or subdivision; 4) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and 5) That such development does not substantially affect the purpose and intent of this chapter. 6) A MDP may also be waived if the applicant chooses to process a site plan in lieu of a MDP. The site plan must contain all information generally required on a MDP and a site plan. Once the site plan is in an administratively approvable form, the plan will be presented to the Planning Commission and the Board of Supervisors per § 165-801.06. C. B1, B2, B3, MS and HE Districts. The Director of Planning and Development may waive the requirement of a master development plan in the B1 (Neighborhood Business), B2 (General Business), B3 (Industrial Transition), MS (Medical Support) or HE (Higher Education) Zoning Districts if the proposed subdivision or development: 1) Contains less than five acres in the B1 District and less than 10 acres in the B2, B3, MS or HE District; 2) Includes no new streets, roads or rights-of-way, does not further extend any existing or dedicated street and does not significantly change the layout of any existing or dedicated street; 10 Proposed Changes – Master Development Plans Draft May 25, 2021 3) Does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one lot; 4) Is not an integral portion of a property proposed or planned for future development or subdivision; 5) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and 6) That such development does not substantially affect the purpose and intent of this chapter. 7) A MDP may also be waived if the applicant chooses to process a site plan in lieu of a MDP. The site plan must contain all information generally required on a MDP and a site plan. Once the site plan is in an administratively approvable form, the plan will be presented to the Planning Commission and the Board of Supervisors per § 165-801.06. §165-801.06 Master development plan submission. Applicants shall submit the number of copies of the preliminary MDP to the Department of Planning and Development specified by the Department of Planning and Development MDP application, together with completed application materials required by the Department of Planning and Development. A. Applicants shall provide approval comments on the proposed development from various review agencies or departments as required by the Department of Planning and Development. The submission shall be complete and the application shall commence through the public meeting process when the plans, application materials and review agency approval comments have been received by the Director of Planning and Development. B. A Traffic Impact Analysis (TIA) shall be prepared and submitted to the Department of Planning and Development with all MDP applications in accordance with the adopted Traffic Impact Analysis Standards. C. When the submission is complete, the Director of Planning and Development shall submit the plans, application materials and review agency approval comments to the Planning Commission as an informational item. D. Following the informational presentation of the MDP to the Planning Commission, copies of the plan, application materials and agency comments shall be submitted to the Board of Supervisors as an informational item. E. The preliminary MDP submitted to the Board of Supervisors for review shall not be substantially changed from plans reviewed by the Planning Commission. Changes may be made that were discussed by the Planning Commission. Other substantial changes to the plan shall require that the Planning Commission review the plan as a new MDP. F. C. Site plans or final subdivision plats may be submitted concurrently with preliminary master development plans for review according to the procedures set forth in this chapter and Chapter 144, Subdivision of Land, of the County Code. 11 Proposed Changes – Master Development Plans Draft May 25, 2021 Master Development Plan Approval Process §165-801.07 Final master development plan. A. The final MDP shall conform to all requirements of the County Code. B. Applicants shall submit a minimum of five copies of the final MDP to the Department of Planning and Development. Final approval of the final MDP shall be given by the Director of Planning and Development and the County Administrator. C. The Director shall approve the final MDP if all requirements of the County Code and all review agencies have been met. and if a preliminary MDP was presented to the Planning Commission and Board of Supervisors. D. A MDP shall not be considered final until it is signed by the Director of Planning and Development and the County Administrator. Preapplication Conference with Staff if required or requested Applicant submits completed MDP application to Staff, including all agency approval comments. MDP is presented to the Planning Commission as an information item. All comments are forwarded to the Board of Supervisors. MDP is presented to the Board of Supervisors as an informational item. Final MDP approval by Staff. Final subdivision or site plan can be submitted for review. 12