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DRRC 03-27-14 Meeting Minutes Page 1 Development Review and Regulations Committee (DRRC) Meeting Minutes March 27, 2014 MEETING MINUTES OF THE DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE (DRRC) Held in the First Floor Conference Room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia, on March 27, 2014. DRRC MEMBERS PRESENT: Greg Unger, Tim Stowe, Gary Oates, June Wilmot, Jay Banks DRRC MEMBERS ABSENT: Larry Ambrogi, Kevin Kenney, Eric Lowman, Dwight Shenk, Whit Wagner and Roger Thomas STAFF PRESENT: Candice Perkins OTHERS PRESENT: Rick Lanham, Josh Hummer-Attorney CALL TO ORDER The Development Review and Regulations Committee (DRRC) meeting was called to order at 7:00 p.m. Item 1: Private Streets in the R5 Zoning District. Discussion on revisions to the Frederick County Zoning Ordinance to remove the requirement that R-5 communities must be “age restricted communities” to qualify for private streets. The Applicant’s Attorney summarized the Transportation Committee meeting. The TC wanted the roads built to state standards and cbr's to be provided to the county. They also wanted to have the PE requirement to monitor the instillation and certify the construction. Mr. Unger asked about the construction and the PE certification. The applicant stated that the same standards would apply to them; paving design would be provided to the county and bonded. They would be inspected and then fixed at the end and off bond. The committee was concerned because private streets don’t have the same requirements as the public streets. Private streets go bad eventually; the committee questioned how this could be avoided. The applicant stated that the ordinance includes a provision for a reserve fund and a reserve balance analysis to make sure there are adequate funds for repairs. He further stated that Shenandoah is a large community and the residents are asking for private streets. Every two years a capital reserve study is completed that ensures there are adequate funds for repairs. Page 2 Development Review and Regulations Committee (DRRC) Meeting Minutes March 27, 2014 Mr. Unger expressed concern about busses not being able to go into the community. Ms. Wilmot wanted to know if this community would draw more residents with or without kids. The applicant stated that he believes that it will draw fewer children, but can't be sure. The DRRC also had questions about liability for accidents on the private streets. The committee questioned how the reserve is started? The Applicant stated that it is created at day one and as more improvements get underway more gets added to the fund. The committee expressed concern about the guarantee that the HOA would never fold and then the residents come back to the county for help. The applicant stated that there is no way to provide a complete guarantee but they are trying to put ordinances in place to help that from happening. The applicant further stated that Shenandoah is proposed to be a nice development and the residents are going to want to keep it up but how do you make sure the maintenance is kept up. If the HOA doesn't do the reserve study then the county would have to enforce the ordinance and make them do it. Item 2: (Other) Setbacks for Multifamily residential buildings. The committee expressed concern with the proposal to reduce the front setback from 35 feet to 15 feet. They felt that it seemed to close to a public street. TND or high density developments should have commercial elements that include eating establishments which would be between the street and the building and 15 feet seems close. The committee expressed comfort with reducing the setback from 35 feet to 20 feet because it would provide more distance to the public road. The committee also stated the possibility of going off the speed limit. Roads with a 25 mph should be 20 feet and anything overt that should be 35 feet. Next meeting of the DRRC is April 24, 2014 The meeting adjourned at 8:15 p.m.