PC 04-21-21 Meeting MinutesFrederick County Planning Commission Page 3802
Minutes of April 21, 2021
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 April 21, 2021.
PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S.
Molden, Opequon District; William H. Cline, Stonewall District; Elizabeth D. Kozel, Shawnee District; J.
Rhodes Marston, Back Creek District; John F. Jewell, Back Creek District; Kathleen Dawson, Red Bud
District; Charles E. Triplett, Gainesboro District; Alan L. Morrison, Member at Large; Roderick B.
Williams, County Attorney.
ABSENT: Gary R. Oates, Stonewall District; Christopher M. Mohn, Red Bud District; H. Paige Manuel,
Shawnee District.
STAFF PRESENT: Candice E. Perkins, Assistant Director; John A. Bishop, Assistant Director
Transportation; Mark R. Cheran, Zoning & Subdivision Administrator; M. Tyler Klein, Senior Planner;
Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the April 21, 2021 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 Cline and seconded by Commissioner Thomas the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
-------------
Frederick County Planning Commission Page 3803
Minutes of April 21, 2021
COMMITTEES
Frederick Water – Mtg. 04/20/21
Commissioner Marston reported the Board of Directors approved a $80.4 million budget
for FY2022. This budget captures operations and capital costs, with the largest component of the budget
associated with constructing the new Henry Sliwinski Water Treatment Plant. He continued; the Board of
Directors approved use of an exemption to the state disconnection moratorium; this exemption recognizes
that delinquent account past dues now exceed 1% of the operations budget. This exemption will enable
Frederick Water to begin disconnecting those residential accounts that are delinquent and that will begin
mid-May. Commissioner Martson shared the operations report for March: Customer base is over 18,000
connections; monthly water production averaged 6.531 million gallons per day; the quarries are in
excellent shape; and rainfall for March was 1.25”, down from February’s 3.21”.
Comprehensive Plans and Programs Committee – Mtg. 04/12/21
Commissioner Marston reported the CPPC reviewed the Comprehensive Plan update:
the Plan (draft section review – Part 2) Section II Rural Areas, Section III Residential Development, and
Section VII Natural Resources. The Committee also reviewed Appendix II, Economic Analysis.
City of Winchester – Mtg. 04/20/21
Chairman Kenney reported on behalf of the City of Winchester. The Commission held a
public hearing for a short-term rental CUP that was tabled to fully consider the scope and conditions that
may apply. Additionally, they reviewed the annual Capital Improvement Plan and the City remains
focused on replacing water and sewer lines. He concluded, the Planning and Zoning 2020 Annual report
was reviewed.
Board of Supervisors
Supervisor Stegmaier thanked the Planning Commission for hosting the work session.
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
South Frederick Agricultural and Forestal District Addition
Action – Recommend Approval
Frederick County Planning Commission Page 3804
Minutes of April 21, 2021
Mark R. Cheran, Zoning and Subdivision Administrator, reported this is a request to add
one parcel totaling 27.26 +/- acres to the South Frederick Agricultural and Forestal District. This District
is located within the Back Creek Magisterial District and currently contains 6,894.42 +/- acres. He
continued, it is generally located along Cedar Creek Grade (Route 622), Middle Road (Route 628),
Marlboro Road (Route 631), and Hites Road (Route 625). This request for the addition of 27.26 +/- acres
would increase the South Frederick Agricultural and Forestal District to 6,921.68 +/- acres. Mr. Cheran
presented an aerial view and map of the property. He concluded, the Agricultural District Advisory
Committee (ADAC) unanimously recommended approval of the addition to the 2020-2025 South
Frederick Agricultural and Forestal District at their meeting on March 31, 2021.
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 a motion made by Commissioner Jewell and seconded by Commissioner Marston
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of the South Frederick Agricultural and Forestal District addition of 27.26 +/- acres.
(Note: Commissioner Mohn, Commissioner Manuel, and Commissioner Oates were absent from the
meeting)
-------------
INFORMATION/DISCUSSION
Master Development Plan #03-21 for Senseny Village
M. Tyler Klein, Senior Planner reported, this is a proposal to develop 107 single-family
detached (SFD) cluster units and 126 single-family attached (SFA – townhome) units on 73.79 +/- acres
(or approximately 3 dwelling units per acre). He continued, the properties subject to the MDP were part
of Rezoning application #13-06, approved on November 8, 2006 with proffers. He noted, the approved
proffer statement allows up to 285 dwelling units (excluding garden apartment units which are
prohibited). Mr. Klein provided a zoning map of the property. He shared a MDP sketch provided by the
Applicant. He noted the future Route 37 bypass right-of-way dedication. Mr. Klein concluded the
Master Development Plan for Senseny Village is in conformance with the requirements of Article VIII,
Master Development Plan of the Frederick County Zoning Ordinance, and this MDP is in a form that is
administratively approvable; the MDP is also in conformance with the proffers approved for Senseny
Village (Rezoning #13-06).
Chairman Kenney noted the topography at the property is quite severe, he also asked for
clarification on the access points. Mr. Klein explained, the two points of access/interconnectivity are:
extending Rossum Lane from Senseny Road and Royce Drive (future road) from Glenridge Drive
(through Glenmont Village subdivision).
Commissioner Jewell asked if the Route 37 bypass will impact the homes. Mr. Klein
stated currently it could have significant impacts.
Frederick County Planning Commission Page 3805
Minutes of April 21, 2021
Ordinance Amendment – Opaque Fencing Requirement
M. Tyler Klein, Senior Planner, reported this is a proposed ordinance amendment to
Chapter 165 – Zoning Ordinance to modify the definition (§165-101.02) for “opaque fence” to allow a
chain link fence with plastic slats to satisfy the screening requirements for certain types of buffers and
outdoor storage areas. He noted, this was a request for an ordinance amendment from a citizen/business
owner of the County through their Board of Supervisors representative. Mr. Klein continued, the Zoning
Ordinance definition 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.
Mr. Klein explained, in satisfying the requirements for an opaque fence in the above
sections, a 6-foot tall board-on-board fence, hedge, wall, or a berm is typically required. For outdoor
storage areas in business and industrial districts, chain link is typically the preferred type of fence for
security. He stated, for zoning district buffers and residential separation buffers, an opaque element is
required to screen differing land-uses and housing types on adjoining properties. The elements fulfilling
the requirements for a “full screen” buffer are landscape plantings, plus a 6-foot tall opaque wall, fence,
hedge, or berm. Mr. Klein concluded the DRRC discussed this item at their regular meetings on January
28, February 25, and March 25, 2021 and generally supported the use of chain link fence with plastic slats
for outdoor storage and buffers/screening where certain criteria (type, material, color) are met. These
criteria are reflected in the proposed text amendment language. Commissioner Marston asked why this
originally was not included years ago. Mr. Klein explained it has been prohibited for a while and the
maintenance was cumbersome. The quality of the product is much better now and easier to maintain.
-------------
ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Marston to adjourn the meeting. This motion was seconded by Commissioner Dawson and unanimously
passed. The meeting adjourned at 7:25 p.m.
Respectfully submitted,
____________________________
Kevin W. Kenney, Chairman
___________________________
Roderick B. Williams, Secretary