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HomeMy WebLinkAboutPC 06-20-18 Meeting MinutesMEETING 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 June 20, 2018 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; Greg L. Unger, Back Creek District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; June M. Wilmot, Member at Large; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Erin L. Swisshelm, Assistant County Attorney. ABSENT: J. Rhodes Marston, Back Creek District; Charles E. Triplett, Gainesboro District. STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; Mark A. Cheran, Zoning and Subdivision Administrator; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the June 20, 2018 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 Cline, the Planning Commission unanimously adopted the agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Cline, the Planning Commission unanimously adopted the minutes from the May 2, 2018 meeting. Frederick County Planning Commission Page 3557 Minutes of June 20, 2018 COMMITTEE REPORTS Frederick Water — Mtg. 06/18/18 Commissioner Unger reported new residential growth in the Lake Frederick Development continues to thrive; in recognition of these additional demands for water, Frederick Water has funded the construction of a composite elevated water storage tank that will strengthen the water pressures and fire flows in the development, protecting existing water and sewer customers while enabling new construction. He continued, Frederick Water has again requested that the developer of Lake Frederick provide to Frederick Water the water tank and water well/treatment plant sites, sites having been depicted on the approved master development plans since 2001 when the project was first planned. Commissioner Unger presented the May 2018 operations report: • Customer base is over 15,700 connections • Monthly water production averaged 5.74 MGD • In Stephens City, Diehl's North Quarry continues to enjoy the seasonal recharge and benefits from Frederick Water's efficient water source management. The water elevation increased over 14 feet, to 666.6 ft. The South Quarry realized an elevation increase of over 35 ft, to 659.9 ft. Both quarries are nearly two-thirds full and in excellent shape for the summer high water demand season. • In Clearbrook, Anderson's quarry level increased to a level of 588.8 ft. City of Winchester Commissioner Wolfe, Winchester City Planning Commission Liaison, reported the commissioner reviewed an ordinance to rezone .12 and the corner of Kent Street and Picadilly Street. Board of Supervisors — Mtg. 06/13/18 Board of Supervisors' Liaison, Supervisor Shannon Trout reported the Board agreed to postpone REZ #05-17 Carmeuse to the July 25, 2018 meeting. She concluded the Board approved the Interstate, Primary, and Secondary Road Improvement Plans and agreed to keep the Residential Separation Buffers as is. 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 citizen comments portion of the meeting. Frederick County Planning Commission Page 3558 Minutes of June 20, 2018 PUBLIC HEARING Conditional Use Permit #08-18 for Trailer Drop, LLC — submitted by GreyWolfe, Inc., for a tractor truck and tractor truck trailer parking use as a Conditional Use in the M1 (Light Industrial) District. The property is in Stonewall Industrial Park at the end of McGhee Road (Route 861), Winchester, Virginia and is identified with Property Identification Number 43-19-64 in the Stonewall Magisterial District Action — Postponed for 45 days Commissioner Oates would abstain from all discussion on this item for a possible conflict of interest. Mark A. Cheran, Zoning and Subdivision Administrator began by presenting a locations map of the property. He reported this is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking located within the Stonewall Industrial Park. He noted, this CUP use would not have any significant impacts on the adjoining properties. Mr. Cheran continued, the Zoning Ordinance allows for tractor truck and tractor truck trailer parking use as a conditional use in the M-1 Zoning District with and approved CUP. He noted the Northeast Land Use Plan and the Eastern Road Plan of the Comprehensive Plan depicts future Route 37 on the western boundary of this property. Mr. Cheran presented mapping of the future Route 37 and a drawing provided by the Applicant. He explained, a goal of the area plan and the Eastern Road Plan is the implementation of Route 37. Mr. Cheran continued, the Zoning Ordinance addresses a CUP as a land use action and as with any land use action the goals of the Comprehensive Plan should be implemented. He noted, the application does not provide for the acquisition of the future Route 37 right-of-way. Mr. Cheran presented the conditions recommended by Staff: 1. All review agency comments and requirements must be complied with at all times. 2. The site plan for this property shall be designed to accommodate the future Route 37 ROW. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165-204.24 tractor truck and truck trailer parking. 4. Any expansion or change of use shall require a new CUP. Commissioner Thomas requested clarification on the mapping that was presented highlighting Route 37 ROW. Michael T. Ruddy, Director, explained the map shows the alignment of Route 37 and its components. Commissioner Thomas inquired if the owner of the property could by -right construct a building on the site. Mr. Cheran stated that is correct. Commissioner Thomas asked what legal probability the County would have by not approving something being built on this property. Mr. Cheran noted the land use plans would have an impact on this. Commissioner Thomas commented, this being a gravel parking lot, there is no permanent implement there that would be in the way of building Route 37; there is no easement on the property therefore, it would increase the amount the County or State would have to pay to get the easement; he asked if that is a fair assessment. Mr. Cheran responded that is a fair assumption. Commissioner Thomas inquired if the easement dedication should possibly be made part of the conditions. Erin L. Swisshelm, Assistant County Attorney, commented it is not recommended the ROW dedication of Route 37 be made part of the conditions for this CUP as it would possibly not survive the legal challenge. Commissioner Thomas noted this is confusing; it is believed it Frederick County Planning Commission Page 3559 Minutes of June 20, 2018 could survive a legal challenge of not allowing the Applicant to build anything on the property but could not survive a challenge of asking the ROW to be dedicated at a future time as part of the conditions. Chairman Kenney commented, we are not following the Comprehensive Plan; when we venture away from that it becomes cumbersome for all. He read "this CUP shall implement the policy expressed in the Comprehensive Plan" and that says a lot. He continued, Condition #2 the word accommodate is a very vague statement. Chairman Kenney continued, after Condition #4, "relative to the Comprehensive Plan Staff notes that the conditions are not otherwise provided for the acquisition of the future Route 37 ROW." He requested clarification on this. Mr. Ruddy explained, the advice of the County Attorney is to recognize the importance of Route 37 and to recognize there is the opportunity for the ROW to be shown on the site plan and if the Applicant would choose there is the ability for that to be a component of a condition. He continued, the preferable way would be to recognize Route 37 and show that all site improvements are out of the ROW and Condition #2 appears to do that. He concluded, it is also important to recognize this may be a temporary use. Commissioner Dawson commented she is concerned with the traffic in this area. Mr. Cheran explained that during the site plan process a TIA can be required. Commissioner Unger stated he does not feel this would be a problem in this area. Chairman Kenney commented the biggest hurdle is the ROW for Route 37 being recognized. Mr. Cheran responded in Condition #2 it states, "the site plan for this property shall be designed to accommodate the future Route 37 ROW." Commissioner Thomas shared his concern that this will be setting a precedent by allowing development in the ROW of Route 37; he would much rather see gravel on the site than a building. Chairman Kenney stated the Comprehensive Plan clearly states the Route 37 ROW; does this accommodate the intent of the Comprehensive Plan. Commissioner Unger disagreed, he feels Condition #2 takes care of the ROW issue. Mr. Ruddy explained, the Planning Commission needs to be clear on what that condition reads; the accommodation for the Route 37 ROW should be recognized and the site improvements should be outside of that ROW. He continued, the picture shown on the plan that was submitted has a clear ROW, therefore the Planning Commission's intent on that condition would be that the improvements are only outside of the ROW then that's a fair statement; it is not a dedication but recognizing all site improvements be out of the ROW. Commissioner Unger feels we are fortunate that it's proposed to be just a gravel parking lot rather than a building on the property. Mr. Timothy Stowe of Stowe Engineering, PLC, representing the Applicant explained this is a gravel parking lot and nothing more; it will not impede the development of Route 37. He continued, the Applicant received comments from Planning Staff and the Applicant feels Condition #2 needs clarity and would like it to read "the site plan for the property show the future Route 37 ROW line' ;- that is be clear where the ROW is. Mr. Stowe noted, the drawing received is a sketch plan to accompany the CUP. He concluded this project takes a piece of land and provides a need in the industrial park and puts this land to use. Commissioner Thomas asked if the Applicant would be willing to put on the site plan a line that shows the future dedication of Route 37; no vertical development will occur in this zone. Mr. Stowe noted that is the intent and to keep it as parking only. Chairman Kenney asked if they are willing to do that, why not configure now. Mr. Stowe replied the owner would like the benefit of using the area that is dedicated for the future ROW until such time Route 37 will be developed further. Frederick County Planning Commission Page 3560 Minutes of June 20, 2018 Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. Richard Bell, a property owner in the Stonewall Industrial Park came forward and requested consideration be given for a rezoning rather than a CUP. He noted, he is not in specific opposition to the Conditional Use; treat with consideration with regards to previous rezoning. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Commissioner Thomas concluded he is concerned the Applicant could build on this property rather than just a gravel parking lot. He does not feel traffic will be an issue. He noted the possibility of including something that will take care of the legal aspects while also adhering to the Comprehensive Plan. Commissioner Mohn commented he would prefer the Planning Commission not wordsmith a condition at this point; there is an agreement to get there, given the importance of the issue to have the opportunity for the language to be checked and presented with a favorable opinion from the County Attorney. Upon motion made by Commissioner Cline and seconded by Commissioner Dawson BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend postponement for 45 days of Conditional Use Permit #08-18 for Trailer Drop, LLC — submitted by GreyWolfe, Inc., for a tractor truck and tractor truck trailer parking use as a Conditional Use in the M1 (Light Industrial) District. The property is in Stonewall Industrial Park at the end of McGhee Road (Route 861), Winchester, Virginia and is identified with Property Identification Number 43-19-64 in the Stonewall Magisterial District (Note: Commissioners Marston and Triplett were absent from the meeting.) CPPA 01-18 St. Paul on the Hill — Land Use Designation Amendment Request. This is a request to change the land use designation for one parcel of land that totals 4.971 acres. The property is identified by Property Identification Number 54-A-128 and is located at 1527 Senseny Road in the Red Bud Magisterial District. The property is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The property is currently designated in the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan for institutional land use with environmental resources. The Applicant is requesting to change the current Institutional designation to Urban Center. Action — Recommend Denial Candice E. Perkins, Assistant Director, began by presenting a locations map of the property. She shared an excerpt from the 2035 Comprehensive Plan and mapping of the Senseny/Eastern Frederick Urban Area Plan. Ms. Perkins reported the subject property is currently zoned RP (Residential Performance) District; the current by -right density for this property if developed with townhouses or garden apartments would be 10 units per acres (4.971 acres = 49 by -right units). She continued, expanding the Urban Center to this property would double the by -right density; from 10 units per acre to Frederick County Planning Commission Page 3561 Minutes of June 20, 2018 20 units per acre for multifamily; density increase would become a by -right allowance and would not require a rezoning that would address impacts; and up to 99 units (50 additional units possible without a rezoning). Ms. Perkins shared the history of this request: the CPPC discussed it at their April 2018 meeting and supported the request and sent it forward to the Board of Supervisors; the Planning Commission discussed this at their May 2, 2018 meeting and supported the request and sent forward to the Board of Supervisors; the Board of Supervisors discussed and sent forward this request at their May 23, 2018 meeting. Commissioner Thomas requested clarification on the mapping identifying this property. Ms. Perkins presented the mapping again and explained its locations and surrounding properties. Mr. Evan Wyatt of Greenway Engineering, representing the Applicant presented a brief overview of the request and reminded the Planning Commission what is being proposed is a change in the Comprehensive Plan to give the property an Urban Center designation. He noted, the property is zoned RP and the odd thing with regards to this project is that the zoning is in place for residential use, however, in order to do a multi -family structure type, use it has to be designated Urban Center use by the Comprehensive Plan. Mr. Wyatt continued, the property density by -right is 10 units per acre; to clarify, the Urban Center designation would allow for a density increase but specifically only 4 multi -family structures; it would not give a double density for the by -right uses such as townhouses or garden apartments. He concluded, the Comprehensive Plan Amendment is strictly to be able to do a multi -family structure; this is a unique and interesting opportunity because this does provide an opportunity for this population of our community. Commissioner Thomas asked for clarification that the intent is to build age restricted low income housing. Mr. Wyatt explained, the technical term is elderly income affordable housing; the financing and the way the partnership program works it is to provide elderly affordable income housing and to qualify to live in the facility your maximum income can only be 40% of the average mean income for the community. Commissioner Thomas inquired if the intent is to have any school age children housed there. Mr. Wyatt stated the projects that the developer has done in the past have an average age of high 60's to low 70's. Commissioner Thomas asked what assurance the County has that this will remain low income elderly housing. Mr. Wyatt explained the assurance to the County is the trust in St. Paul's that the ground lease sets forth and the parties being willing to establish an agreement to be recorded. Commissioner Oates noted a recorded covenant would be helpful, otherwise the County cannot do anything. Mr. Wyatt reiterated the need for this type of housing to accommodate this population. Commissioner Mohn stated for clarification, this is a unique situation; the property is already zoned, a Comprehensive Plan change has an impact on the by -right density; there is a lot of RP zoned land across the street with the same designation. He asked if a discussion has taken place about possibly a proffer only or a proffer type of rezoning. Mr. Wyatt commented regarding the proffer, rezoning to an age restricted multi -family would render the property useless for development due to the setbacks within the County code. He continued, the opportunity to do a multi -family for this property leans more towards the conventional multi -family which is why this is odd; with low income tax credit programs for Wesley Housing to submit the application for financing they have to have a letter from the County stating the land use is permissible; the Comprehensive Plan amendment gives the ability for the proper multi -family to be Frederick County Planning Commission Page 3562 Minutes of June 20, 2018 built. Commissioner Mohn inquired regarding the tax credits, what is the time frame for Wesley Housing to be in the cycle for this year. Mr. Wyatt noted, the formal application is due in March 2019. Commissioner Unger asked for clarification on the age restriction and related setbacks. Mr. Wyatt explained the zoning would not change, the RP zoning is the correct zoning for a multi -family structure; the multi -family structure ordinance has two choices, a conventional structure and an age restricted. He continued the age restricted has more significant setbacks that would not allow them to develop the property because the facility would not fit. Chairman Kenney commented the County needs something to protect them; more assurance and substance and not only based on good faith. Mr. Wyatt commented a rezoning would create an undevelopable property that is why this is unique. Commissioner Oates stated he does not think a rezoning is the route to take, a simple recorded covenant would take care of this. Commissioner Thomas stated he thought after discussion previously the Applicant would be willing to enter into an MOU (memo of understanding) with the County. Mr. Wyatt stated that is correct. Commissioner Thomas asked if the County could accept this as a viable legal document. Mr. Ruddy explained the County has not historically done this and would be reluctant to do so at this time. Commissioner Thomas requested clarification, if they did a proffered rezoning the setbacks would not allow them to use the property. Mr. Ruddy explained that is not completely correct because of the age restricted multi -family housing; the multi -family residential building is a particular housing type that you are able to do I n an area designated Urban Center, simply the fact the property has an age restriction to a proffer would not preclude that property from doing a multi -family residential building which is different from the age restricted multi -family as mentioned with regards to setbacks. He concluded, there would be an underlying guarantee through the proffers that it would be an age restricted property. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Supervisor Blaine Dunn came forward to clarify, St. Paul on the Hill came to him in January 2018 with this project and he felt it was worthy. He hopes this can be worked out to accomplish the needs of the Applicant and the County. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Commissioner Thomas asked what the options are to the Planning Commission. Ms. Perkins explained this item can be sent forward with a favorable recommendation, it can be sent forward for denial, or postponed. Commissioner Thomas inquired is it possible to put any conditions or restrictions on a Comprehensive Plan revision. Ms. Perkins explained this cannot be accomplished without a rezoning. Commissioner Oates requested if this is postponed, Staff and the County Attorney provide some options. Commissioner Mohn noted the Comprehensive Plans and Programs Committee was comfortable with this as a land use item; he understands the concerns to a degree. Frederick County Planning Commission Page 3563 Minutes of June 20, 2018 Upon motion made by Commissioner Mohn and seconded by Commissioner Dawson BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend postponement for 45 days of CPPA #01-18 St. Paul on the Hill — Land Use Designation Amendment Request. This is a request to change the land use designation for one parcel of land that totals 4.971 acres. The property is identified by Property Identification Number 54-A-128 and is located at 1,527 Senseny Road in the Red Bud Magisterial District. The property is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The property is currently designated in the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan for institutional land use with environmental resources. The Applicant is requesting to change the current Institutional designation to Urban Center. YES: Mohn, Dawson, Ambrogi, Cline, Oates, Kenney, Thomas, Molden, Wilmot NO: Unger, Manuel (Note: Commissioners Marston and Triplett were absent from the meeting.) ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Cline to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously passed. The meeting adjourned at 8:20 p.m. Respectfully submitted, Kevin W. Ken%ey, Ch firman X l Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3564 Minutes of June 20, 2018