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DRRC 02-25-21 Meeting Agenda1.Opaque Fence 1.A.Opaque Fence Request to modify definition for “opaque fence” to allow chain link fence with slats to fulfill screening requirements. This proposed amendment was initiated by a business owner in the County through their Board of Supervisors representative. 2.Other AGENDA DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE THURSDAY, FEBRUARY 25, 2021 7:00 PM FIRST-FLOOR CONFERENCE ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA DRRC02-25-21ProposedChangesOpaqueFence.pdf 1 Development Review and Regulations Committee Agenda Item Detail Meeting Date: February 25, 2021 Agenda Section: Opaque Fence Title: Opaque Fence Attachments: DRRC02-25-21ProposedChangesOpaqueFence.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 DATE: February 12, 2021 Background This is a request for a Zoning Ordinance text amendment from 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 site requested 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). §165-204.18 Storage facilities, self-service. In satisfying the requirements for an opaque fence in the above sections, a 6-foot (FT) tall board-on-board 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 for outdoor storage areas located in business and industrial districts. For these outdoor storage areas, chain link is the preferred type of fence for security. For zoning district buffers and residential separation buffers, an opaque fence is required 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 pl anting in lieu of an opaque fence. Chain link with opaque vinyl tarping has not been allowed as a screening element for zoning district or residential separation buffers. 3 DRRC Discussion OA – Opaque Fence February 12, 2021 Page 2 Ordinance Amendment for Discussion and Consideration: Staff has drafted two alternative amendments for discussion and consideration by the DRRC: Alternative A: A text amendment to the modify definition for “opaque fence” to allow chain link fence with slats where a certain privacy factor is met and update references to chain link in other sections of the Zoning Ordinance for consistency. A privacy factor of at least 85% is proposed to ensure that the intent of the opaque fence requirement, to “visually obscure structures, outdoor storage areas, and other uses,” is still being met. *Alternative A would satisfy the request for a Zoning Ordinance text amendment to allow chain link with slats to fulfill the opaque fence requirement for a zoning district buffer. *Alternative A would permit chain link fencing with slats to be utilized for all circumstances where an opaque fence is required in the Zoning Ordinance, including for zoning district and residential separation buffers. Alternative B: A text amendment to modify the definition for “opaque” fence to allow chain link fence with slats, but only for outdoor storage and processing areas. Alternative B would continue to prohibit chain link with slats for the opaque element that is required for full screen zoning district buffers and residential separation buffers, along with the screening for trash storage areas. Buffer and screening opaque alternatives (berm, mound, or double row of evergreen trees) would still be permissible and chain link with opaque vinyl tarping for other non-buffer required screening. *Alternative B would not satisfy the request for a Zoning Ordinance text amendment to allow chai n link with slats to fulfill the opaque fence requirement for a zoning district buffer. The owner would still be required to install a 6-foot-tall board-on-board fence, wall, berm, mound, or a double row of evergreen trees 6-FT tall at time of planting. Conclusion and Requested DRRC Action: Staff is seeking comments and direction from the DRRC on the alternative amendment proposals outlined above (and attached). Specifically, if the DRRC recommends any additional changes the proposed language for alternative A or B and if either alternative should be moved forward to the Planning Commission for further discussion, or if the DRRC recommends no changes be made. MTK/pd Attachments: 1. Revised ordinance with additions shown in bold underlined italics – Alternative A. 2. Revised ordinance with additions shown in bold underlined italics – Alternative B. 3. Chain Link Slats & Privacy Comparison document. 4. Request for Zoning Ordinance Text Amendment. 4 Proposed Changes – Opaque Fence Revised February 9, 2021 ALTERNATIVE A ARTICLE I General Provisions; Amendments; and Conditional Use Permits Part 101 General Provisions §165-101.02 Definitions and word usage. OPAQUE FENCE 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. Chain-link fencing with slats with a privacy factor of 85% or greater be may be utilized to satisfy the opaque fence requirements. FULL SCREEN Elements of a landscape screen plus a six-foot in height opaque board-on-board fence, hedge, wall, mound, or berm. 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 with a privacy factor of 85% or greater be may be utilized for screening of outdoor storage and processing uses. 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 5 Proposed Changes – Opaque Fence Revised February 9, 2021 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. 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. 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, berm, or an additional two rows of evergreen trees that are six feet tall at time of planting. A fifty-foot strip of mature woodlands may be allowed as a full screen. Chain-link fencing with slats with a privacy factor of 85% or greater be may be utilized to satisfy the opaque fence requirements. Part 204 Additional Regulations for Specific Uses §165-204.11 Landfills, junkyards, trash disposal and inoperable vehicles. D. Trash storage. When stored outdoors, outside of a legal landfill or trash heap, all trash, rubbish or garbage shall be store in watertight, verminproof containers. 4. Such trash containers shall be contained within a completely enclosed facility. The enclosure shall consist of a six-foot opaque fence or wall and an opaque gate. Chain-link fencing with slats with a privacy factor of 85% or greater be may be utilized for the screening of trash storage. §165-204.18 Storage facilities, self-service. Where allowed, self-service storage facilities shall meet the following requirements: 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. Chain-link fencing with slats with a privacy factor of 85% or greater be may be utilized for the screening of storage facilities, self-service. A solid building wall, free of windows or doors, is not required to be screened. 6 Proposed Changes – Opaque Fence Revised February 10, 2021 ALTERNATIVE B ARTICLE I General Provisions; Amendments; and Conditional Use Permits Part 101 General Provisions §165-101.02 Definitions and word usage. OPAQUE FENCE 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. A chain link fence with slats, with a minimum opacity factor of 85 percent, shall be permitted for the screening of outdoor storage and processing areas as required by §165-201.10. Opaque fencing for any purpose specified in §165- 203.02 shall consist of only opaque board on board fencing. FULL SCREEN Elements of a landscape screen plus a six-foot in heigh opaque board-on-board fence, hedge, wall, mound, or berm. 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 with a privacy factor of 85% or greater be may be utilized for screening of outdoor storage and processing uses. 7 Proposed Changes – Opaque Fence Revised February 10, 2021 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. 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. 2. Full screen. A full screen provides all the elements of a landscape screen and also includes a six-foot-high, opaque hedge, board-on-board fence, wall, mound, berm, or an additional two rows of evergreen trees that are six feet tall at time of planting. A fifty-foot strip of mature woodlands may be allowed as a full screen. A chain link fence with slats shall not constitute an opaque fence for purposes of a full screen requirement. Part 204 Additional Regulations for Specific Uses §165-204.11 Landfills, junkyards, trash disposal and inoperable vehicles. D. Trash storage. When stored outdoors, outside of a legal landfill or trash heap, all trash, rubbish or garbage shall be store in watertight, verminproof containers. 4. Such trash containers shall be contained within a completely enclosed facility. The enclosure shall consist of a six-foot opaque board on board fence or wall and an opaque gate. 8 Ordinance Amendment – Opaque Fence requirements February 4, 2021 Slat Types – Privacy/Opacity Comparison Source: Your Fence Store, February 2021 9 Ordinance Amendment – Opaque Fence requirements February 4, 2021 “Tube” type slat – privacy detail Source: Slat Depot, February 2021 “Winged/Feathered” type slat – privacy detail Source: Slat Depot, February 2021 10 Ordinance Amendment – Opaque Fence requirements February 4, 2021 “Ridge” type slat – privacy detail Source: Slat Depot, February 2021 11 12