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PC 12-17-20 Meeting MinutesFrederick County Planning Commission Page 3772 Minutes of December 17, 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 17, 2020. PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District; H. Paige Manuel, Shawnee District; Elizabeth D. Kozel, Shawnee District; J. Rhodes Marston, Back Creek District; John F. Jewell, Back Creek District; Alan L. Morrison, Member at Large; Roderick B. Williams, County Attorney. ABSENT: Charles E. Triplett, Gainesboro District; Kathleen Dawson, Red Bud District; Christopher M. Mohn, Red Bud District. STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the December 17, 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 Thomas and seconded by Commissioner Molden the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Cline and seconded by Commissioner Manuel the Planning Commission unanimously adopted the minutes from the November 18, 2020 meeting. ------------- Frederick County Planning Commission Page 3773 Minutes of December 17, 2020 COMMITTEES Frederick Water – Mtg. 12/15/20 Commissioner Marston reported, the Board approved a note for the new Opequon Water Treatment Plant at $35 million dollars and the interest rate is 0.4%. He shared the operations report for November. ------------- 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. ------------- PUBLIC HEARING Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses; Part 204 Additional Regulations for Specific Uses, §165-204.33. Backyard Chickens; Chicken Coops in the RP Zoning District. Revision to the Frederick County Zoning Ordinance to allow backyard chickens in the RP (Residential Performance) District. The ordinance would allow single-family detached (SFD) lots 15,000 square feet (SF, or 0.34 acres) or greater to have up to a maximum of six (6) chickens by right. This ordinance amendment would also apply to lots of 15,000 SF or greater in the R4 (Residential Planned Community) and R5 (Residential Recreational Community) Zoning District. Action – Recommend Denial M. Tyler Klein, Senior Planner, reported this is a proposed amendment to Chapter 165 – Zoning Ordinance to allow backyard chickens and chicken coops as a by-right use in the RP (Residential Performance) Zoning District. He noted, this request for a Zoning Ordinance text amendment was initiated from a citizen through his/her Board of Supervisors representative. Mr. Klein explained, currently the keeping of chickens is only allowed in the County’s RA (Rural Areas) Zoning District. The proposed amendment would allow single-family detached (SFD) lots 15,000 square feet (SF, or 0.34- acres) or greater to have up to a maximum of six (6) chickens by-right in the RP, R4, and R5 Zoning District. He noted, the keeping of chickens would still be prohibited in townhomes, duplexes, multifamily buildings, garden apartments, and single-family detached lots less than 15,000 SF. Mr. Klein shared, additional supplemental use regulations for backyard chickens proposed include: • Prohibiting the keeping of roosters, turkeys, guinea fowl, and peacocks • Following setback and building requirements for accessory structures (coops) • Prohibited from front yard setback and not visible from public or private road rights-or-way • Area designed for chickens shall be completely enclosed, no free-range chickens Frederick County Planning Commission Page 3774 Minutes of December 17, 2020 • Requirements for secure feed storage and waste management • Requirement for an application/permit ($25 fee) to Frederick County prior to establishment of use Mr. Klein noted, private covenants and/or homeowner associations may further restrict the keeping of backyard chickens/chicken coops. He shared the history of this amendment request: The DRRC discussed this item on September 24, 2020; The Planning Commission discussed this on October 21, 2020; and the Board of Supervisors discussed this item on November 12, 2020, with the primary discussion being if the Ordinance Amendment should expire after 1 year. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Ms. Sherry Riley came forward and spoke in favor of this ordinance amendment stating it would be good to provide food and for hobbyist. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Commissioner Thomas stated he is concerned that no one came to speak in opposition of this and feels it may be due to the weather. Commissioner Oates commented, under supplemental uses this has more requirements than a rendering plant. Commissioner Jewell commented citizens brought up the issue of rodents to him. Chairman Kenney noted, weather was most likely a reason no one came to speak in opposition. Upon a motion made to approve by Commissioner Morrison and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does recommend denial of an Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses. YES: Manuel, Thomas, Molden, Morrison NO: Jewell, Marston, Cline, Oates, Kenney, Kozel ABSENT: Dawson, Mohn, Triplett Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning; Revisions to the Frederick County Zoning Ordinance on required changes to the FP (Floodplain Districts) ARTICLE VII Overlay Districts; Part 702 – FP Floodplain Districts, §165-702.01. Statutory Authorization and Purpose; §165-702.02. Applicability; §165-702.03. Compliance and Liability; §165-702.04. Records (Relocated from above); §165-702.05. Abrogation and Greater Restrictions; §165-702.06. Severability; §165-702.07. Administration; §165-702.08. Jurisdictional Boundary Changes; §165-702.09. Submitting Model Backed Technical Data; §165-702.10. Letter of Map Revision; §165-702.11. Description of Special Flood Hazard Districts; §165-702.12. Overlay Concept; §165-702.13. Flood Insurance Rate Map; §165-702.14. District Boundary Changes; §165-702.15. Interpretation of District Boundaries; §165- 702.16. Permit and Application Requirements; §165-702.17. General Standards; §165-702.18. Elevation and Construction Standards; §165-702.19. Standards for Subdivision Proposals; §165-702.20. Existing Structures in Floodplain Areas; §165-702.21. Factors to be considered in granting variances; §165- 702.22. Penalties for Violations; ARTICLE I General Provisions, Amendments, and Conditional Use Frederick County Planning Commission Page 3775 Minutes of December 17, 2020 Permits; Part 101 – General Provisions, §165-101.02. Definitions and word usage. Revisions to the Frederick County Zoning Ordinance on required changes to the FP (Floodplain Districts) to remain compliant with the State and Federal regulations necessary to continue participating in the National Flood Insurance Programs (NFIP). Action – Recommend Approval 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. 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. Frederick County Planning Commission Page 3776 Minutes of December 17, 2020 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. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Upon motion made by Commissioner Thomas and seconded by Commissioner Marston BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning; Revisions to the Frederick County Zoning Ordinance on required changes to the FP (Floodplain Districts) ARTICLE VII Overlay Districts; Part 702 – FP Floodplain Districts, §165-702.01. Statutory Authorization and Purpose; §165-702.02. Applicability; §165-702.03. Compliance and Liability; §165-702.04. Records (Relocated from above); §165-702.05. Abrogation and Greater Restrictions; §165-702.06. Severability; §165-702.07. Administration; §165-702.08. Jurisdictional Boundary Changes; §165-702.09. Submitting Model Backed Technical Data; §165-702.10. Letter of Map Revision; §165-702.11. Description of Special Flood Hazard Districts; §165-702.12. Overlay Concept; §165-702.13. Flood Insurance Rate Map; §165-702.14. District Boundary Changes; §165-702.15. Interpretation of District Boundaries; §165- 702.16. Permit and Application Requirements; §165-702.17. General Standards; §165-702.18. Elevation and Construction Standards; §165-702.19. Standards for Subdivision Proposals; §165-702.20. Existing Structures in Floodplain Areas; §165-702.21. Factors to be considered in granting variances; §165- 702.22. Penalties for Violations; ARTICLE I General Provisions, Amendments, and Conditional Use Permits; Part 101 – General Provisions, §165-101.02. Definitions and word usage. Revisions to the Frederick County Zoning Ordinance on required changes to the FP (Floodplain Districts) to remain compliant with the State and Federal regulations necessary to continue participating in the National Flood Insurance Programs (NFIP). (Note: Commissioners Triplett, Dawson, and Mohn were absent from the meeting.) ------------- OTHER Cancelation of Regular Meeting Chairman Kenney announced there were no pending items for the Planning Commission’s January 6, 2021 meeting and it will be canceled. Questions/Concerns Commissioner Oates inquired if there will be a retreat planned for this year. Mr. Ruddy stated the intent is to have one at some point with the Board of Supervisors. Frederick County Planning Commission Page 3777 Minutes of December 17, 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, ____________________________ Kevin W. Kenney, Chairman ____________________________ Michael T. Ruddy, Secretary