PC 07-21-21 Meeting MinutesFrederick County Planning Commission Page 3836
Minutes of July 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 July 21, 2021.
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; Betsy Brumback, Back Creek
District; John F. Jewell, Back Creek District; Christopher M. Mohn, Red Bud District; Kathleen Dawson,
Red Bud District; Charles E. Triplett, Gainesboro District; Alan L. Morrison, Member at Large; Roderick
B. Williams, County Attorney.
ABSENT: None
STAFF PRESENT: Wyatt G. Pearson, Director; M. Tyler Klein, Senior Planner; Shannon L. Conner,
Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the July 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 Oates and seconded by Commissioner Manuel the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the
Planning Commission unanimously adopted the minutes from the June 2, 2021 and June 16, 2021
meetings.
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Minutes of July 21, 2021
COMMITTEES
Comprehensive Plans & Programs Committee – Mtg. 07/12/21
Chairman Kenney reported the Committee reviewed the Plan (Draft Section Part 4,
Section III) Business Development and Section IV Public Facilities. They also discussed a
Comprehensive Plan Amendment request #01-21 for Russell-Smith Properties.
Transportation Committee – Mtg. 06/28/21
Commissioner Oates reported the Committee reviewed the Transportation section of the
Comprehensive Plan Update and made a few revisions to the mapping. An update on County projects
was also discussed.
Development Review and Regulations Committee – Mtg. 06/24/21
Commissioner Oates reported the Committee discussed the two Ordinance Amendments
that are on the agenda for tonight’s meeting.
City of Winchester – Mtg. 06/20/21
Commissioner David Ray, Winchester City Planning Commission Liaison, reported the
Commission discussed the following: A CUP for Cameron Square; A CUP for short-term rental N.
Pleasant Valley Road; A CUP for outdoor entertainment N. Cameron Street; A preliminary major
subdivision at West Tevis Street; A final approval for a subdivision at West Tevis Street.
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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INFORMATION/DISCUSSION
Ordinance Amendment for Opaque Fencing Requirements (Waiver) – to modify requirements for
“opaque fence” to allow chain link fence with slats to satisfy screening requirements for certain
uses and to fulfill zoning district buffer screening requirements where a waiver may be granted by
the Board of Supervisors.
M. Tyler Klein, Senior Planner, reported this is a proposed ordinance amendment to
Chapter 165 – Zoning Ordinance to allow for double-walled winged slats and chain-link fence to satisfy
the opaque fence requirement for zoning district buffers through a waiver if granted by the Board of
Supervisors. The proposed amendment would also allow chain-link fence with slats for certain uses
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Minutes of July 21, 2021
without a waiver in the County’s business and industrial districts. He noted, to be eligible for a zoning
district buffer waiver, the applicant/owner/developer making such a request must have written consent
from the adjoining (affected) property owners to proceed. Mr. Klein shared photos of slat examples. He
continued, the Board of Supervisors at their May 12, 2021 meeting sent the ordinance amendment to
modify requirements for opaque fencing back to committee for further revisions. Specifically, the Board
directed staff to amend the text to allow for the utilization of chain-link fencing with slats for zoning
district buffers through a Board of Supervisors waiver.
Mr. Klein reported, 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)
• §165-204.12 Motor vehicle uses, automotive repair shops, and public garages
• §165-204.18 Storage facilities, self-service
Mr. Klein explained, in satisfying the requirements for an opaque fence in the noted
sections, a 6 foot tall board-on-board fence, hedge, wall, or a berm is typically required. He continued,
for outdoor storage areas in business and industrial districts, chain link is typically the preferred type of
fence for security. 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 shared the history of this amendment: the DRRC discussed this item at their
regular meeting on June 24, 2021; the DRRC did express concern with requiring a waiver to go before the
Board of Supervisors when the consent of neighboring (affected) property owners had already provided in
writing; the DRRC suggested a waiver by the Zoning Administrator may be a more appropriate option;
the DRRC did support the use of chain-link fence with slats to satisfy opaque fence requirements for
certain uses in the County’s business and industrial districts.
This item was forwarded to the Board of Supervisors with a favorable consensus.
Ordinance Amendment for Master Development Plans (Approval Process) -a request to remove
public meeting requirements/presentation to the Planning Commission and the Board of
Supervisors for MDP.
M. Tyler Klein, Senior Planner, reported this is a proposed ordinance amendment to
Chapter 165 – Zoning Ordinance to modify the application and review process for Master Development
Plans (MDP) prior to the plans being administratively approved. He continued, currently MDPs must be
reviewed as informational items by the Planning Commission and the Board of Supervisors prior to their
approval; no action is taken by the Planning Commission or the Board of Supervisors as the plans meet
all County ordinance requirements. Mr. Klein explained, MDP’s are typically required after a rezoning is
approved by the Board of Supervisors and before a site plan or subdivision design plan may be submitted
for administrative review/approval by the Zoning Administrators. He noted, MDP’s outline the basic
layout of a project, including roadways, access, buffers, and open space; more specific details of the site,
including lot layouts and grading are handled at the site or subdivision design plan stage.
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Mr. Klein reported, MDP’s have been a requirement in Frederick County since the
adoption of the 1973 Zoning Ordinance. Previously MDP’s required Planning Commission and Board of
Supervisors approval; however, in the early 2000’s requirements changed to presentation to the Planning
Commission and the Board of Supervisors for information only. He noted, the Code of Virginia does not
specify a requirement for localities to require MDP’s prior to site plan/subdivision design plan
submissions or public notices for items other than rezoning’s and/or changes to the official zoning map.
Mr. Klein continued, the proposed ordinance amendment removes the requirement that Master
Development Plans be presented to the Planning Commission and the Board of Supervisors at a public
meeting as an information item prior to administrative approval. With the proposed amendment, when
MDP’s are administratively approvable (i.e., plans are in conformance with the requirements of the Code
of Frederick County and have been approved by all applicable agencies such as Frederick Water and/or
VDOT), the MDP would proceed directly for signature (approval) by the Planning Director and the
County Administrator. Mr. Klein continued, in regard to public availability of project materials under
this proposed amendment, Planning and Development staff has created a dedicated “Current Projects”
page on the department website with information on current land use applications, including MDPs,
which is easily accessible to the public. Additionally, Staff has provided a link to the new web page
under the “Other” section for each Planning Commission agenda which lists all current and recently
approved applications, including those that are administratively reviewed/approved. He noted, public
meeting agendas are available on the County’s homepage prior to each meeting. Mr. Klein shared a
visual of the webpage. He concluded, the DRRC discussed this item at their regular meeting on June 24,
2021; it was noted in their comments that in lieu of presentations to the Planning Commission and the
Board of Supervisors, Planning and Development Staff should make projects easily accessible to the
public for review and provide a report to the Planning Commission on pending land use applications,
including MDPs.
This item was forwarded to the Board of Supervisors with a favorable consensus.
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Manuel to adjourn the meeting. This motion was seconded by Commissioner Jewell 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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Roderick B. Williams, Secretary