PC 12-02-20 Meeting MinutesFrederick County Planning Commission Page 3768
Minutes of December 2, 2020
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on December 2, 2020
PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Gary R.
Oates, Stonewall District; William H. Cline, Stonewall District; H. Paige Manuel, Shawnee District; John
F. Jewell, Back Creek District; Charles E. Triplett, Gainesboro District; Alan L. Morrison, Member at
Large; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District.
ABSENT: Robert S. Molden, Opequon District; J. Rhodes Marston, Back Creek District.
STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director.
CALL TO ORDER
Chairman Kenney called the December 2, 2020 meeting of the Frederick County
Planning Commission to order at 7:00 p.m. Chairman Kenney commenced the meeting by inviting
everyone to join in a moment of silence.
ADOPTION OF AGENDA
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
MINUTES
Upon motion made by Commissioner Mohn and seconded by Commissioner Thomas the
Planning Commission unanimously adopted the minutes from the November 4, 2020 meeting with one
correction being made.
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Minutes of December 2, 2020
CITIZEN COMMENTS
Chairman Kenney called for citizen comments on any subject not currently on the
Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one
came forward to speak and Chairman Kenney closed the public comments portion of the meeting.
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COMMITTEES
Development Review and Regulations Committee – Mtg. 11/23/20
Commissioner Oates reported a discussion was held on required changes to the
Floodplain (FP) Districts requirements of the Zoning Ordinance to remain compliant with the regulations
necessary to continue participating in the National Flood Insurance Program (NFIP).
Transportation Committee – Mtg. 11/23/20
Commissioner Oates reported the committee was presented an update on the Capital
Improvement Program, a VTRANS update, and an update on County projects.
City of Winchester – Mtg. 11/17/20
Michael T. Ruddy, Director, reported on behalf of the City of Winchester. He shared an
update of the items from their meeting: A CUP to allow for a single-family detached dwelling at 2645
Valley Avenue; an Ordinance Amendment pertaining to by right and CUP’s for multifamily structures in
the central business district; an Ordinance Amendment pertaining to floodplain regulations; an Ordinance
Amendment pertaining to lot density regulations; and an Ordinance to rezone 22.7 acres at 441 Linden
Drive from low density residential to low density residential with planned unit development.
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INFORMATION/DISCUSSION ITEMS
Floodplain (FP) District Overlay Amendments, Chapter 165 – Zoning, Part 702
Candice E. Perkins, Assistant Director, reported on January 29, 2021 Frederick County
will have updated Flood Insurance Rate Maps (FIRMs) from the Federal Emergency Management
Agency (FEMA). She noted, the Flood Insurance Rate Maps are the official community maps that show
special flood hazard areas and the risk premium zones. Ms. Perkins continued, the flood mapping is an
important part of the National Flood Insurance Program, as it is the basis of the NFIP regulations and
flood insurance requirements. FEMA’s flood mapping program is called Risk Mapping, Assessment, and
Planning or Risk MAP; FEMA maintains and updates data through flood maps and risk assessments.
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Minutes of December 2, 2020
Ms. Perkins explained, flood insurance is available to property owners in Virginia mostly
through the NFIP, which is administered through FEMA. She noted, while community participation in
the NFIP is voluntary, NFIP flood insurance policies are available only when the locality actively
manages its floodplain by participating in the NFIP. Ms. Perkins shared, when a community joins the
NFIP, the community must ensure that it has adopted a floodplain management ordinance and
enforcement procedures that meet NFIP minimums. In return, the federal government makes flood
insurance available for residents of that community. Ms. Perkins continued, when any changes are made
or when Flood Insurance Rate Maps are updated, community floodplain management ordinances also
must be revised and updated accordingly. DCR provides communities with a model ordinance; the state
model ordinance includes minimum requirements for NFIP participation and highlights higher standards
that communities can implement. She noted, the updated Flood Insurance Rate Maps are effective
January 29, 2021, and revisions to the FP Overlay are required by the DCR to remain a fully compliant
floodplain ordinance. Ms. Perkins shared the primary revisions to the Floodplain Districts:
• Revised – Abrogation and Greater Restrictions 702.05
• New section – Jurisdictional Boundary Changes 702.08
• New section – Letters of Map Revision 702.10
• Revised “Elevation and Construction Standards” 702.18
o New section – Accessory Structures 702.18D
o Revised – Standards for Manufactured Homes and Recreational Vehicles
702.18E
• Revised – Existing Structures in Floodplain Areas – 702.20
• Revised – Factors to be considered in granting variances – 702.21
• New and revised definitions
Ms. Perkins reported, the DCR points out that in some cases, the minimum standards
provide insufficient protection, create a risk of higher than necessary insurance rates, or create a more
complex program; in these cases, DCR recommends specific higher standards.
• § 165-702.20 – Existing Structures in Floodplain Areas (structures/use brought
into conformity when it is changed, repaired or improved)
o The change, when added to all the changes made during a rolling 5-year
period does not constitute 50% of the structure’s value.
Ms. Perkins shared, the DCR explanation is: The DCR has found that not having a time
period for cumulative change can lead to people trying to split work up to avoid hitting the 50% limit
which puts the community in a difficult place with enforcement and increases administrative burdens. Ms.
Perkins concluded, the DRRC discussed this item on November 23, 2020 and recommended approval of
the changes and inclusion of the higher standard pertaining to change to existing structures in floodplain
areas. Commissioner Oates stated he thought the DRRC opted not to keep the rolling 5-year portion. Ms.
Perkins commented that is the item they chose to keep in and they took out the additional free board and
the portion in the definitions. Commissioner Thomas inquired what the downside is. Commissioner
Oates stated the structures value and not size. Commissioner Mohn commented that is the point, the
floodplain regulations are an insurance, so it is all about the value.
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Minutes of December 2, 2020
ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Thomas to adjourn the meeting. This motion was seconded by Commissioner Manuel and unanimously
passed. The meeting adjourned at 7:20 p.m.
Respectfully submitted,
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Kevin W. Kenney, Chairman
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Michael T. Ruddy, Secretary