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PC_08-18-10_Meeting_MinutesMEETING MINUTES • OF THE COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on August 18, 2010. PRESENT: Roger L. Thomas, Vice Chairman/ Opequon District; Brian Madagan, Opequon District; Gary R. Oates, Stonewall District; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Kevin 0. Crosen, Back Creek District; Christopher M. Mohn, Red Bud District; Philip E. Lemieux, Red Bud District; Roderick Williams, County Attorney, and Nate Adams, Winchester Planning Commission Liaison. ABSENT: June M. Wilmot, Chairman/Member at Large STAFF PRESENT: Eric R. Lawrence, Planning Director; Candice E. Perkins, Senior Planner; and Renee' S. Arlotta, Clerk. • CALL TO ORDER & ADOPTION OF AGENDA Vice Chairman Thomas called the meeting to order at 7:00 p.m. A motion was made by Commissioner Kriz to adopt the August 18, 2010, agenda for this evening's meeting. This motion was seconded by Commissioner Triplett and unanimously passed. Comprehensive Plans & Proerams Committee (CPPC) — 8/09/10 Mtg. Commissioner Kriz reported that the CPPC considered the Tasker Woods CPPA. Commissioner Kriz said it will be difficult to get traffic into the proposed commercial area and there was good discussion regarding that issue and what could be done. He said the applicant will return next month and the CPPC will make a decision at that time. Commissioner Kriz also reported that Chairman Wilmot is pleased with the progress on the Comprehensive Policy Plan Update. • Frederick County Planning Commission Page 2667 Minutes of August 18, 2010 -2- • Sanitation Authority — 8 /17 /10 Mtg. Commissioner Unger reported on the following items: Total water service customer base is 13,345; total sewer service customer base is 12,880; rainfall for July was 2.2 inches; Diehl plant production was 2.5 mgd pumped; Anderson plant production was almost 2 mgd; 1.2 mgd was purchased from the City of Winchester, and the daily average calculated was 5.7 mgd. Commissioner Unger said the Diehl quarry rose almost three feet this past month, resulting from the hydraulics; he said the groundwater is not too bad, even though rainfall is low. Commissioner Unger also reported that Parkins Mill flow was almost 2 mgd, which is normal. Commissioner Unger reported that Frederick County will have to raise water and sewer rates in September, possibly by eight or nine percent. He said the increase is based on the cost of chemicals, electric, and the City of Winchester has also increased their rates on providing water for Frederick County. He said the problem of rags in the sewer system in Stephens City is still being investigated. Conservation Easement Authority (CEA) Planning Director, Eric R. Lawrence, reported that the CEA kicked off a fund raising and awareness program for conservation easements in the County. Mr. Lawrence said the most important aspect of the program is called, GIFT, which is "Give ]Dollar for Frederick's Tomorrow." He explained • that through this process, a web page was created with a link using a Pay Pal account. He said the idea is to acquire funding for either the purchase of easements or to further the educational campaign on the benefits of easements. City of Winchester Plannine Commission Winchester Planning Commission Liaison, Mr. Nate Adams, reported that the City is continuing their work on updating their Comprehensive Policy Plan. He said the majority of work has been completed and they hope to have the updated Comprehensive Policy Plan ready for public hearing and adoption in the first part of 2011. In addition, Mr. Adams said they have been updating text amendments to make sure they comply with the State Code. Mr. Adams said he had the opportunity last month to go to a Planning and Zoning Law Seminar in Charlottesville, Virginia. He said Eric Lawrence, Frederick County's Planning Director, made a presentation on the TDR (Transfer of Development Rights) Program. Mr. Adams stated that Mr. Lawrence did a tremendous job and that Frederick County is well -served by having Mr. Lawrence on its team. is Frederick County Planning Commission Page 2668 Minutes of August 18, 2010 -3- 0 CITIZEN COMMENTS Vice Chairman Thomas called for public comments on any subject not on the Commission's agenda for this evening. No one came forward to speak. PUBLIC MEETING Waiver Request — Route 50 Assisted Living Facility (H.H. Hunt Property) to allow an alternative buffer design of the road efficiency buffer for the Route 50 Assisted Living property known as Spring Arbor. Action — Recommended Approval Commissioner Mohn said he would abstain from all discussion and voting on this waiver request, due to a possible conflict of interest. Senior Planner, Candice E. Perkins, reported that this is a waiver request for the Route 50 Assisted Living, Spring Arbor facility, for their road efficiency buffer. Ms. Perkins said the site was rezoned to B2 (Business General) in 2008 and the site is currently under construction. She explained that the zoning ordinance allows the Planning Commission to waive the road efficiency buffer requirement for • topographical or site constraint issues; she said the assisted living building is located greater than 200 feet from Route 50 West and is approximately 15 feet above grade from Route 50 West. Therefore, the applicant is requesting an alternative landscaping plan for the road efficiency buffer. The proposed landscaping would consist of 11 canopy trees, two ornamental trees, and 24 shrubs that are grouped together. Mr. Perkins said the landscaping would still meet the proffered requirements presented at rezoning. Mr. Samuel W. Doan, a consultant working for H. H. Hunt Corporation, said he was asked to look at the landscaping and road efficiency buffer to see if a different solution could be agreed upon for landscaping across the front of the property. Mr. Doan said the requirement for a double row of evergreens across the front of the assisted living facility's property was something his client would prefer to amend to look more like the surrounding community and allow for some viewshed into the facility. Mr. Doan proceeded to show a few slides to the Commission. He noted the structure was set 200 feet back from the road and the structure itself was not a tall facility; he said the row of trees proposed will fill in nicely and provide some screening from Route 50, but also allow for some viewshed. Another slide showed the width of the road efficiency buffer; he said some existing power lines had to be considered as far as avoiding plantings that would grow into the power lines. As a result, the plantings are set farther back to allow the necessary space to grow. He pointed out the plantings along the roadway, as well as the interior parking lot landscaping, consisted of trees and shrubs. Mr. Doan said that the amended landscaping will hide the facility somewhat from Route 50, while not creating a green wall that the double row of evergreens would create. He said they considered the sidewalks that come into this area and connect to the adjacent bank and they considered people walking through these areas. Upon consulting with various landscape architects, it was felt that a massive green wall of vegetation between the pedestrian and the road would not be conducive to pedestrians. 11 Frederick County Planning Commission Page 2669 Minutes of August 18, 2010 MIN • Vice Chairman Thomas called for any citizen comments at this time. No one came forward to speak and Vice Chairman Thomas closed the public comment portion of the meeting. Commissioner Unger thought the required evergreens across the front of the assisted living facility would be overkill and he believed the landscaping alternative presented by Mr. Doan was much more appropriate. Commissioner Kriz agreed. He said the structures themselves look nice and the site will look good with the landscaping proposed. Vice Chairman Thomas stated that this is a Planning Commission action and the waiver does not go on to the Board of Supervisors. Commissioner Crosen made a motion to approve the waiver request as presented. This motion was seconded by Commissioner Kriz and was unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously approve the waiver request to allow for an alternative buffer design of the road efficiency buffer for the Route 50 Assisted Living Facility (H.H. Hunt Property) known as Spring Arbor. (Note: Commissioner Mohn abstained; Chairman Wilmot was absent from the meeting.) • COMMISSION DISCUSSION An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article IV, Agricultural and Residential Districts, Part 401, RA (Rural Areas) District, Section 165- 401.03, Conditional Uses; Article VI, Business and Industrial Zoning Districts, Part 603, B2 (Business General) District, Section 165- 603.02, Allowed Uses; Article II, Supplementary Use Regulations, Parking, Buffers and Regulations for Specific Uses, Part 204, Additional Regulations for Specific Uses, 165- 204.25 Flea Markets; and Article I, General Provisions, Amendments and Conditional Use Permits, Part 101, General Provisions, 165 - 101.02, Definitions and Word Usage. Specifically, these revisions to the Frederick County Code will allow flea markets in the B2 and RA Districts. Senior Planner, Candice E. Perkins, reported that this discussion involves a request to revise the zoning ordinance to allow flea markets in the RA (Rural Areas) District with a conditional use permit (CUP). Also proposed with the amendment is a revision to the B2 (Business General) District to only allow for indoor flea markets. Ms. Perkins said this amendment was discussed by the DRRC (Development Review and Regulations Subcommittee) at their meeting on July 22, 2010 and it has been forwarded to the Planning Commission for further discussion. In addition, Ms. Perkins said a new definition has been drafted, as well as some supplementary use regulations that would correspond with the conditional use in the RA District. She said the supplemental use regulations will address parcel size, access, parking and surface materials, allowable days of operation, buffers and fencing, and a site plan requirement. is Frederick County Planning Commission Page 2670 Minutes of August 18, 2010 -5- Commissioner Unger referred to the section regarding gravel requirements for parking and travel ways. He preferred to omit the statement that, "...the Board of Supervisors may require paving or alternate surfaces..." Commissioner Unger didn't think that statement needed to be included; he said the Board could include that requirement, if they see fit. Commissioner Kriz agreed. Commissioner Kriz said the Planning Commission has been trying to move towards pervious parking areas; he also did not think that particular statement needed to be included. Vice Chairman Thomas said in general, gravel parking and travel ways, are not the best solution all of the time. He said they rut, there's considerable maintenance, gravel is strewn around. Vice Chairman Thomas agreed there needed to be something other than a hard surface, particularly something that is permeable, and he hoped developers could be encouraged to use more environmentally friendly methods in addition to gravel parking areas and travel ways. Commissioner Unger commented that the flea market people and their patrons have been parking on the grass at the Route 50 location for over 20 years and he did not see any problems arising because of it. Commissioner Unger said the travel ways had been graveled; he said if the grass areas were graveled, it would create a maintenance problem. staff. is No other comments were made and the Commissioners comments were noted by the An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article 1, General Provisions, Amendments and Conditional Use Permits, Part 101, General Provisions, Section 165- 101.02, Definitions and Word Usage, and Section 165- 201.06, Signs. Specifically, these revisions to the Frederick County Code, will help to clarify off - premise directional signs. Senior Planner, Candice E. Perkins, reported that this proposed text amendment is a Zoning Ordinance change to provide some clarification regarding off -premise directional signs. Ms. Perkins said an overhaul to the sign ordinance was done in 2007. She said that change limited off - premise signs to business signs and multi -tenant signs, but did not specifically address directional signs. Subsequently, there has been some confusion with some past conditional use permits. Ms. Perkins said overall, off - premise directional signs have been permitted since about 1973 with conditional use permits. She explained this was a minor revision to make the zoning ordinance clear that off - premise directional signage is permitted with a conditional use permit. Some minor changes have also been made to the definition. Ms. Perkins said this was discussed by the Development Review and Regulations Committee (DRRC) at their July 22 meeting and they forwarded it to the Planning Commission for further discussion. No issues or areas of concern were raised by the Commission. The Planning Commission was satisfied with the amendment as it was presented. • Frederick County Planning Commission Page 2671 Minutes of August 18, 2010 0 ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 7:25 p.m. by a unanimous vote. Respectfully submitted, k�•L June M. Wilmot, Chairman V Eric R. Lawrence, Secretary • • Frederick County Planning Commission Minutes of August 18, 2010 Page 2672 MEETING MINUTES i 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 September 1, 2010. PRESENT: June M. Wilmot, Chairman/Member at Large; Brian Madagan, Opequon District; Gary R. Oates, Stonewall District; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Christopher M. Mohn, Red Bud District; Philip E. Lemieux, Red Bud District; and Roderick B. Williams, County Attorney, ABSENT: Roger L. Thomas, Vice Chairman/ Opcquon District; Kevin 0. Crosen, Back Creek District; Charles E. Triplett, Gainesboro District; H. Paige Manuel, Shawnee District; STAFF PRESENT: Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Dana M. Johnston, Zoning Inspector; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA • Chairman Wilmot called the meeting to order at 7:00 p.m. A motion was made by Commissioner Kriz to adopt the September 1, 2010, agenda for this evening's meeting. This motion was seconded by Commissioner Oates and unanimously passed. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Oates, the July 21, 2010, minutes of the Frederick County Planning Commission were unanimously approved as presented. COMMITTEE REPORTS Development Review & Reeulations Subcommittee (DRRC) — 8/26/10 Mtg. Commissioner Unger reported that the DRRC discussed telecommunications facilities and the possibility of disallowing lattice towers in areas that are visible to the public. He said the majority of attendees agreed with the concept. Commissioner Unger said the DRRC also had a lengthy discussion • Frederick County Planning Commission Page 2673 Minutes of September 1, 2010 -z- • on the Recreation and Conference Commercial (RCC) District. He said that in order to be included within this district, there must be a 36 -hole golf course, a minimum amount of open space, and more. The last item discussed at the DRRC meeting was Inundation Zones. He said the State of Virginia has adopted a code which basically states that if a subdivision is developed downstream from a dam, research needs to be done regarding the amount of damage that could occur downstream if the dam breaks and who would be responsible for damages. Transportation Committee 8/23/10 Mtg. Commissioner Kriz reported on the following items: 1) Route 522 South Draft Report: corrections have been made for Frederick County and the effort is to keep the speeds up to move more traffic. 2) Comprehensive Policy Plan Update: a first draft was received; a second draft is underway to reduce and combine policies wherever possible. 3) Double Church Road Truck Restrictions: a motion was passed and forwarded to the Board of Supervisors to request that trucks over a certain weight be restricted from traveling on Double Church Road. A request was made to VDOT for updated travel counts. 4) Enhancement Funds for Senseny Road: the deadline for use of funds is nearing; however, no matching funds are available. A decision was made to delay action because the expiration time is in the Spring of 2011. 5) Economic Development Access Funds: Graystone Phase I has been approved for funding. A motion was passed and forwarded to the Board of Supervisors to proceed with an application for Phase II. is CITIZEN COMMENTS Chairman Wilmot called for public comments on any subject not on the Commission's agenda for this evening. No one came forward to speak. PUBLIC HEARING Conditional Use Permit #06 -10 for Debra Broughear for a Cottage Occupation/ Hair Salon at 376 Back Mountain Road (Rt. 614) and an off - premise sign. The property, zoned RA (Rural Areas), is identified with P.I.N.s 40 -A -111 and 40 -A -112 in the Back Creek Magisterial District. Action — Recommended Approval with Conditions Zoning Inspector, Dana M. Johnston, provided the background information. Mr. Johnston stated that a hair salon is a permitted use as a cottage occupation in the RA (Rural Areas) District with an approved conditional use permit (CUP). The proposed use will take place on a 64 -acre parcel located within the RA (Rural Areas) Zoning District. He noted one dwelling on the property with two entrances; he said VDOT preferred that the southern entrance be used for safe vehicle ingress and 11 Frederick County Planning Commission Page 2674 Minutes of September 1, 2010 -3- is egress. Mr. Johnston said an off - premise sign, no larger than four square feet in area, is proposed for the southern entrance. He noted that the closest dwelling is 870 feet. Mr. Johnston explained that the salon will be located in a 7 -foot by 14 -foot room within the dwelling, accessed by an exterior door leading to a paved driveway. He said the use will have one hair salon chair and one salon sink and will only accommodate one customer at a time. He stated that based upon the limited scale of the proposed use and an evaluation of the property, it appears this use would not have any significant impacts on the adjoining properties. Mr. Johnston next read a list of recommended conditions, should the Commission find this use to be appropriate. Commissioner Unger questioned Condition #4, "the house may not have more than four occupants /dwellers while the hair salon remains in business." Mr. Johnston said this was a Health Department regulation. Commissioner Unger asked if there was a problem with the other entrance. Mr. Johnston replied that the north entrance is not recommended by VDOT because of the limited site distance and the impacts to Back Mountain Road. Chairman Wilmot referred to Condition 93, "Employees shall be limited to those residing on the property, no other employees are permitted," and inquired as to which property this condition referred to. Mr. Johnston replied it referred to the property in which the business use would take place, which is P.I.N 40 -A -111; he said the sign will be located on P.I.N. 40 -A -112. Mr. Johnston remarked there are two residents on the property and the Health Department desires to limit the number of residents to four. • Chairman Wilmot opened the public hearing and called for citizen comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Unger made a motion to recommend approval of the CUP with the conditions as recommended by the staff. This motion was seconded by Commissioner Ambrogi and passed by a unanimous vote. Commissioner Unger next made a motion to recommend approval of the off - premise sign to be located at the southern entrance to the property. This motion was seconded by Commissioner Ambrogi and passed by a unanimous vote. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit #06 -10 for Debra Broughear for a Cottage Occupation/ Hair Salon at 376 Back Mountain Road (Rt. 614) (P.I.N. 40 -A -111) and also recommends approval of an off - premise sign to be located at the southern entrance (PIN. 40 -A -112). The following conditions shall apply: All review agency comments and requirements shall be complied with at all times. 2. Hours of operation shall be permitted from 9:00 a.m. to 5:00 p.m., Monday through Friday. 3. Employees shall be limited to those residing on the property (PIN. 40 -A -111). No other employees are permitted. • Frederick County Planning Commission Page 2675 Minutes of September 1, 2010 -4- • 4. House may not have more than four occupants /dwellers while hair salon remains in business (P.I.N. 40 -A -111). 5. Hair salon is limited to five customers per day. 6. Only one sign shall be allowed. This off - premise sign shall be located at the site's southern entrance onto Back Mountain Road (P.I.N. 40 -A -112). The sign shall not exceed five feet in height; the sign shall not exceed four square -feet in area. 7. Any expansion or change of use will require a new conditional use permit. (Note: Commissioners Manuel, Crosen, Thomas, and Triplett were absent from the meeting.) Conditional Use Permit #07 -10 of Global Tower Assets, LLC, presented by Lynn Koerner, contractor, for a 250 -foot, self- supported telecommunications tower. This property, zoned RA (Rural Areas), is located at the intersection of Brill Road (Route 603) and Highway 55, and is identified with P.I.N. 69 -A -7F in the Back Creek Magisterial District Action — Recommended Approval with Conditions is Zoning and Subdivision Administrator, Mark R. Cheran, reported that the applicant has applied for a 250 -foot lattice telecommunications tower on RA (Rural Areas) zoned property. Mr. Cheran stated that the closest dwellings are more than 250 feet from this facility. He said the zoning ordinance allows for commercial telecommunication facilities in the RA (Rural Areas) Zoning District with an approved conditional use permit (CUP). He said there were no properties of significant historical value or any historical sites adjacent to this proposed use. In addition, Mr. Cheran stated that the zoning ordinance requires that commercial telecommunication towers be of monopole -type construction. He said the Planning Commission may allow for a lattice-type construction, provided the tower will be located outside of the Urban Development Area (UDA) and not adjacent to any historical sites. Mr. Cheran said the zoning ordinance also requires an applicant to provide confirmation that an attempt was made to collocate on an existing telecommunication facility and possible collocation structures. He said the applicant has provided an inventory of existing telecommunications facilities and no other telecommunication facilities or possible collocation opportunity structures exist in this area. Mr. Cheran added that this proposed facility will be positioned to provide the existing and future land uses in this area of the County with telecommunication services. Mr. Cheran announced that two actions will be needed by the Planning Commission for this application. He said the Commission will first need to provide either an approval or denial for the lattice -type facility; a denial will require the applicant to construct a monopole tower. The second action needed by the Commission is a recommendation of approval or denial of the CUP. Mr. Cheran next read a list of recommended conditions, should the Commission find the use to be appropriate. • Frederick County Planning Commission Page 2676 Minutes of September 1, 2010 -5- • Commissioner Mohn asked the staff if there were any unique review agency requirements associated with this request, given its location within a national forest or if it was strictly a local review. Mr. Cheran replied this was a local review on private property. Mr. Cheran said the George Washington National Forest is regulated by the USDA (United States Department of Agriculture) and the District Ranger in the Edinburg Office was contacted. He said they had no objections to the tower. Commissioner Kriz asked if the USDA would have preferred a monopole tower versus a lattice tower. Mr. Lynn Koerner, Site Acquisition and Project Development Contractor for Global Tower Assets, LLC, introduced himself and Tim Dennis, the Director of Site Developments for Global Tower Assets, LLC. Regarding Commissioner Kriz's question, Mr. Dennis said that in order to provide reliable coverage north and south in the Route 55 corridor, an RF study was conducted and it was determined that a tower between 200 and 250 feet was needed. Mr. Dennis explained that the visual impact of a 250 -foot tower would be much greater with a monopole tower than a lattice tower because it would result in a very huge structure. He said the diameter of pole would resemble a power station smokestack. Mr. Dennis preferred to use a single, well - placed structure to tie into the broadcast tower to the east and the existing former AT &T microwave tower on top of the mountain. He said the goal was to connect those two sites together and allow only one tower within that stretch. Mr. Dennis stated that they selected the desired parcel and intend to place the tower within the center of the parcel; this presented them with the best buffer to the surrounding community. He remarked that the terrain and the existing tree canopy offers almost zero visual impact. Chairman Wilmot next opened the public comment portion of the hearing and called for • citizen comments. The following person came forward to speak: Mr. Dennis Tharp, an adjoining property owner in the Back Creek District, asked for some type of assurance that the applicants will provide the maintenance and upkeep of the access road (Brill Road) into their tower site. Mr. Tharp explained that about 12 years ago, he agreed to have Brill Road put through there by VDOT because it was a safety feature. He said he was given a verbal commitment by a VDOT employee that the road would be hard surfaced up to the community center; however, the hard surfacing never occurred. Mr. Tharp also had questions about the power supply needed to serve this facility. He wanted to know if it would be underground or overhead cable, how much power would be transmitted, and what type. He said the area residents have recently been experiencing a number of power outages. Mr. Tharp also wanted to know how long a CUP was valid. Mr. Tim Dennis said they will share the access road. He said the majority of the road runs on their property and they will maintain the road; however, they will not pave the road. Mr. Dennis stated that overhead power lines run along Old Brill Road, splitting between the two properties. He said he has not seen a Dominion Power design for the area, but more than likely they will transition off of the pole and take the utilities underground to the site. Commissioner Unger asked for clarification from Mr. Dennis on maintaining the road as far as gravel, potholes, and snow removal. Mr. Dennis said they would not typically plow snow, but as far as maintenance of a road surface, they will keep the road up to standards for accessing their site. L I L Frederick County Planning Commission Page 2677 Minutes of September 1, 2010 Commissioner Unger made a motion to approve the request for a waiver of the monopole requirement so that a self - supporting lattice -type tower can be constructed. This motion was seconded by Commissioner Mohn and unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby approve the request for a waiver of the monopole requirement by Global Tower Assets, LLC so that a 250 -foot, self - supported lattice -type telecommunications tower may be erected on property located at the intersection of Brill Road (Route 603) and Highway 55, in the Back Creek District. Commissioner Unger made a motion to recommend approval of Conditional Use Permit #07 -10 of Global Tower Assets, LLC, presented by Lynn Koerner, contractor, for a 250 -foot, self - supported lattice -type telecommunications tower to be erected on property located at the intersection of Brill Road (Route 603) and Highway 55 in the Back Creek District, with the following conditions: 1. All review agency continents and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the applicant or property owner within 12 months of abandonment of operation. 5. In the event a telecommunications tower is not erected within 12 months of the approval of this • conditional use permit, the conditional use permit will be deemed invalid. 6. Any expansion or modification of this use will require a new conditional use permit. (Note: Commissioners Manuel, Crosen, Thomas, and Triplett were absent from the meeting.) Northeast Land Use Plan (NELUP) 2010 Update. This is an amendment to the 2007 Comprehensive Policy Plan, Chapter 6, Land Use, to update the Northeast Land Use Plan (NELUP). The amendment adjusts the future land use, transportation, and community facility elements of the Comprehensive Policy Plan and, accordingly, updates the text of the land use plan. In general, the plan continues to promote the economic development opportunities of the study area, recognizes the Developmentally Sensitive Areas (DSAs), addresses community facility needs, and seeks to implement significant transportation improvements in support of the plan. No modification of the Urban Development Area or the Sewer and Water Service Area (SWSA) is proposed. The area is generally located north of the City of Winchester to the West Virginia State Line, generally east and west of I -81, and Clarke County to the East. This is mostly within the Stonewall Magisterial District. Action — Recommended Approval E ] Frederick County Planning Commission Page 2678 Minutes of September 1, 2010 • Deputy Planning Director, Michael T. Ruddy, reported that the Community Area Plans Subcommittee of the CPPC has been working to update the NELUP over the past couple of years. The NELUP was originally adopted in 1996 and was amended on several occasions, most recently in 2003. Mr. Ruddy noted that in recent years, a significant amount of development activity has occurred in this corridor resulting in the need to revisit the plan. He said the 2010 NELUP update continues to promote the economic development opportunities within this area of Frederick County. Mr. Ruddy noted a particular effort of the study has been to re- evaluate the transportation element and ensure that it is supportive of the land use. It proposes an enhanced transportation network that is functionally acceptable. Transportation modeling was utilized and the modeling verified that with minor modifications, the transportation network was balanced with the land use plan. Mr. Ruddy stated that the 2010 NELUP effort incorporates a land use map and two transportation maps, one identifying the network and one designating the typical sections of the road network, as well as a community facilities map, which recognizes and incorporates the environmental elements of this portion of the County into the plan. Mr. Ruddy continued, stating that a public informational meeting was held on April 20, 2010; he said the meeting was well- attended and the plan was well- received. A Board of Supervisors work session was held on July 7, 2010, and a significant amount of improvement was made to the NELUP mapping as a result of constructive input from the participants. The Comprehensive Policy Plans Executive Committee endorsed the 2010 Update for the second time at their meeting of August 9, 2010. Referring to the PowerPoint display, Mr. Ruddy next reviewed the NELUP's Future Land Use Plan map, the Future Transportation Plan maps, and the Community Facilities Natural and Recreational Resources Plans map. is Commissioner Unger had transportation questions regarding Route 37, Interstate 81, and Route 11. Commissioner Oates said he continued to be in favor of showing green shading for the Rural Areas, similar to the Triangle Study, as opposed to leaving the area white. He said inherently, someone will misinterpret the white to mean any land use, when it's really supposed to be Rural Areas remaining as agriculture. Chairman Wilmot next opened the public hearing and called for citizen comments. The following person came forward to speak: Mr. Billy Myer, a resident of the Stonewall District, said there is a dire need for transportation in his area, particularly a connection between Route 7 and Route 11, and he was concerned about the lack of State funding for the construction of Route 37. Mr. Myer suggested connecting First Woods Road with Snowden Bridge as an interim solution. He believed this could be a workable solution for many years, considering there is no transportation money available. No one else wished to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Kriz made a motion to forward the 2010 NELUP update as presented to the Board of Supervisors with a recommendation of approval. This motion was seconded by Commissioner Mohn and unanimously passed. • Frederick County Planning Commission Page 2679 Minutes of September 1, 2010 • BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of the Northeast Land Use Plan (NELUP) 2010 Update. This is an amendment to the 2007 Comprehensive Policy Plan, Chapter 6, Land Use, to update the Northeast Land Use Plan (NELUP). The amendment adjusts the future land use, transportation, and community facility elements of the Comprehensive Policy Plan and, accordingly, updates the text of the land use plan. In general, the plan continues to promote the economic development opportunities of the study area, recognizes the Developmentally Sensitive Areas (DSAs), addresses community facility needs, and seeks to implement significant transportation improvements in support of the plan. No modification of the Urban Development Area or the Sewer and Water Service Area (SWSA) is proposed. The area is generally located north of the City of Winchester to the West Virginia State Line, generally east and west of 1 -81, and Clarke County to the East, and is mostly within the Stonewall Magisterial District. (Note: Commissioners Manuel, Crosen, Thomas, and Triplett were absent from the meeting.) ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 7:50 p.m. by a unanimous vote. • 40 Respectfully submitted, June M. Wilmot, Chairman km� - ric R. Lawrence, Secretary Frederick County Planning Commission Page 2680 Minutes of September 1, 2010