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PC 01-06-16 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 January 6, 2016 PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Greg L. Unger, Back Creek District; J. Rhodes Marston, Back Creek District; Charles F. Dunlap, Red Bud District; Christopher M. Mohn, Red Bud District; Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Kris Tierney, Assistant County Administrator; Roderick B. Williams, County Attorney; Robert Hess, Board of Supervisors Liaison. ABSENT: Stanley Crockett, Stonewall District STAFF PRESENT: Michael T. Ruddy, Deputy Director; Transportation; Candice E. Perkins, Senior Planner; Mark R. Administrator and Shannon L. Conner, Administrative Assistant. LeR 0 III 0X0 401113 all' -1 John A. Bishop, Deputy Director Cheran, Zoning and Subdivision Chairman Wilmot called the January 6, 2016 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Wilmot 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 Thomas, the Planning Commission unanimously adopted the agenda for this evening's meeting. Frederick County Planning Commission Page 3296 Minutes of January 6, 2016 ELECTION OF OFFICERS, MEETING SCHEDULE, AND ADOPTION OF BYLAWS AND RULES & RESPONSIBILITIES FOR 2016 Senior Planner, Candice E. Perkins, presided over the election of the Chairman and Vice Chairman for 2016. Election of June M. Wilmot, Chairman for 2016 Senior Planner, Candice E. Perkins declared nominations open for Chairman for the 2016 calendar year. The nomination of Ms. June M. Wilmot for Chairman was made by Commissioner Thomas and seconded by Commissioner Dunlap. A motion was made by Commissioner Oates, seconded by Commissioner Mohn, and unanimously passed to close nominations for Chairman. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Ms. June M. Wilmot as Chairman of the Planning Commission for the calendar year 2016. Election of Roj4er L. Thomas, Vice Chairman for 2016 Senior Planner, Candice E. Perkins declared nominations open for Vice Chairman for the 2016 calendar year. The nomination of Mr. Roger L. Thomas was made by Commissioner Oates and seconded by Commissioner Triplett. Motion was made by Commissioner Dunlap, seconded by Commissioner Manuel, and unanimously passed to close the nominations for Vice Chairman. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Roger L. Thomas as Vice Chairman of the Planning Commission for the calendar year 2016. Election of Kris Tierney, Secretary for 2016 Chairman Wilmot declared nominations open for Secretary of the Planning Commission. The nomination of Mr. Kris Tierney was made by Commissioner Oates and seconded by Commissioner Thomas. Motion was made by Commissioner Thomas, seconded by Commissioner Manuel, and unanimously passed to close the nominations for Secretary. Frederick County Planning Commission Page 3297 Minutes of January 6, 2016 BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Kris Tierney as Secretary of the Planning Commission for the calendar year 2016. MEETING SCHEDULE FOR 2016 Plannin,2 Commission and Committees Upon motion made by Commissioner Oates and seconded by Commissioner Manuel BE IT RESOLVED, that the Frederick County Planning Commission voted unanimously to have their regular monthly meetings on the first and third Wednesdays of each month at 7:00 p.m. to be held in the Board of Supervisors' meeting room in the Frederick County Administration Building. In addition, if inclement weather prohibits the Wednesday evening meeting, the Commission shall move the meeting to Thursday evening, the day after the regularly -scheduled Wednesday meeting. BE IT FURTHER RESOLVED, that the Frederick County Planning Commission has voted unanimously for their Comprehensive Plans and Programs Committee to meet the second Monday of each month at 7:00 p.m. in the first floor conference room; and for the Development Review and Regulations Committee to meet on the fourth Thursday of each month at 7:00 p.m. in the first floor conference room. Committee Assignments for 2016 Regarding committee assignments for the calendar year of 2016, Chairman Wilmot asked the Planning Commission members to remain in their current committee assignments. Chairman Wilmot announced the following liaisons: Transportation Committee, Commissioner Oates; Sanitation Authority, Commissioner Unger; Conservation Easement Authority, Commissioner Triplett; Winchester Planning Commission, Commissioner Kenney; and Historic Resources Advisory Board, Commission members will rotate. PLANNING COMMISSION BYLAWS AND ROLES & RESPONSIBILITIES FOR 2016 Senior Planner, Candice E. Perkins, stated the Planning Commission's Bylaws and the Roles and Responsibilities have been reviewed by the Commission and modifications were deemed to be appropriate and are ready for the Commission's consideration and adoption. Upon motion made by Commissioner Thomas and seconded by Commissioner Oates BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously adopt the Planning Commission's Bylaws and the Roles & Responsibilities for the calendar year of 2016 as presented. Frederick County Planning Commission Page 3298 Minutes of January 6, 2016 COMMITTEE REPORTS Comprehensive Plans and Programs Committee (CPPC) — Mtg. 12/14/15 Deputy Director, Michael T. Ruddy reported the committee reviewed the Capital Improvement Plan. He noted the committee has endorsed the plan and deemed it is in conformance with the County's Comprehensive Plan. Frederick County Sanitation Authority (FCSA) — Mtg. 12/22/15 Commissioner Unger reported on three items of interest to the Planning Commission. He reported the quarries continue to maintain consistent elevations which indicate that they are stable and recharging correctly. The water usage for the month was below average, at 4.84 MGD, which is below the previous usage of 5.26 MDG. The FCSA's Planning Committee is evaluating policy revisions to require placement of water and sewer lines within public road right-of-ways, which would enable subdivision designers to accommodate the reduced residential front yard setbacks, and minimize conflicts with other utilities and landscape schemes. The revision would also require that new water lines be constructed of ductile iron, which will significantly reduce water line failures and associated repairs. Commissioner Unger noted the combination of using ductile iron and placing the lines within public road right-of-ways enables developer flexibility and FCSA maintenance savings. The revisions should be finalized over the next few months. Commissioner Unger concluded there was a presentation from Jesse Moffett on the Waste -to -Energy project at the Opequon Water Reclamation Facility. This effort creates a water reclamation facility that will be a Net -Zero -Energy opportunity. He explained this project is a self- contained system that discharges clean water, produces its own electricity, and promotes economic development as the new system actually wants high strength waste which is a by-product of our local food processing industries — Hood, Kraft, and Hershey. The new facility begins operation this spring. City of Winchester Planning Commission — Mtg. 1/5/16 Commissioner Fieo reported the commission approved a rezoning on East Clifford Street in which a building will be demolished and a multi -family dwelling will be built. Also, approved was a rezoning for land purchased off of Linden Drive by Valley Health. Board of Supervisors Report — Mtg. 12/9/16 Board of Supervisors' Liaison, Supervisor Robert Hess, reported the following items were approved by the Board: REZ #09-15 Artillery; REZ #07-15 Woodside with addition of two proffers; REZ #06-15 Opequon Crossing; REZ #10-15 Heritage Commons with addition of an avigation easement. Supervisor Hess concluded a resolution was passed for Mr. Richard Shickle and Mr. Eric Lawrence for their service to the County. Frederick County Planning Commission Page 3299 Minutes of January 6, 2016 CITIZEN COMMENTS Chairman Wilmot 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 Wilmot closed the citizen comments portion of the meeting. PUBLIC HEARING Rezoning #12-15 Crosspointe Center submitted by Pennoni Associates, to rezone 58.30+/- acres from RP (Residential Performance) District to B2 (General Business) District and 72.47+/- acres from B2 (General Business) District to RP (Residential Performance) District within the Crosspointe Center development, Rezoning #13-03, and to amend the proffers associated with Rezoning #13-03. The properties are located east and adjacent to I-81 Exit 310 Interchange, and adjacent to Tasker Road and Hillandale Lane. The properties are identified with Property Identification Numbers 75-A-89, 75 -A -89A, 75-A-91, 75-A-92, 75-A-95, 75-A-96 and a portion of 75- A-90 and 75-A-94 in the Shawnee Magisterial District. Action — Recommend Approval Commissioner Kenney would abstain from all discussion on this item due to a possible conflict of interest. Deputy Director, Michael T. Ruddy reported this proposal is to rezone 58.30 +/- acres from RP (Residential Performance) district to B2 (General Business) District and 72.47 +/- acres from B2 (General Business) District to RP (Residential Performance) District within the Crosspointe Development of 524 acres that was rezoned in 2004 with Rezoning #13-03 He noted the current application is to adjust the acreage and location of the commercial and residential zoning and to amend the proffers associated with this. Mr. Ruddy presented mapping to depict the proposed changes. He continued, in looking at the future land use plan it is recognized as a prime location for commercial and residential land uses and a mixed environment. Mr. Ruddy reported the current application contains a revised proffer statement dated December 15, 2015. He explained the application includes a GDP (Generalized Development Plan) that is generally consistent with the land use plan in this area of the County. The GDP reinforces the applicants three phase approach for this development. Mr. Ruddy noted one of the more notable changes with this request is that a greater amount of development is being proposed within Phase I than what was proposed initially. Mr. Ruddy continued increased development is approximately 120,000 additional square feet of commercial land use totaling 1,088,000 square feet; in addition the residential development component is 1,578 units which are the same as the previous rezoning with a small change of no defined mix. Mr. Ruddy presented an overview of the GDP (Generalized Development Plan). He reiterated the commercial and residential zoning that is being proposed is consistent with the current land use that is supported by the Comprehensive Plan. Mr. Ruddy highlighted that the application demonstrates the transportation improvements will be in place to support the additional development; VDOT has expressed their approval of the revised proffers that ensure the improvements will be secured. Frederick County Planning Commission Page 3300 Minutes of January 6, 2016 Deputy Director of Transportation, John A. Bishop presented a transportation background for the property. He explained the proffers with the previous rezoning: 3 phases; right-of-way dedication for Exit 310; relocation of Tasker and Hillendale; extension of Tasker to Warrior Drive; Warrior Drive construction; construction of Route 37 as a Boulevard. Mr. Bishop continued with the transportation background which involved a Tri Party Agreement: VDOT builds exit 310; VDOT realigns Tasker and Hillendale; Crosspointe dedicates right-of-way; Crosspointe builds Route 37 to limited access standard; Crosspointe builds bridges over Tasker. Mr. Bishop explained with the current rezoning application the proffers entail the following: 3 phase transportation proffer; extension of Tasker to Warrior; Warrior construction; Route 37 to limited access standard; bridges over Tasker and the demolition of temporary ramps; agreed to complete a TIA (traffic impact analysis) at the 370,000 square feet of development mark. Commissioner Thomas inquired is it a comparable value of having VDOT do the work at Exit 310 to what the developer has offered for going to a limited access for Route 37 and the bridges. Mr. Bishop noted it appears to be comparable. Commissioner Thomas noted it does not appear we will be getting much of Warrior Drive completed. Mr. Bishop highlighted we will actually be getting a significant portion of this road completed. Mr. Ruddy presented the additional impacts associated with this request: recognizes the DIM (development impact model) values and the applicants approach; consistent with the original rezoning; commercial revenue more than offsets the residential units especially with the additional commercial square footage allowances; 200 residential units with age restricted condition has been removed. Mr. Ruddy reported the original proffer statement included a proffer which provided for the dedication of an area for Government Services. This proffer has been modified from a dedication of 9 acres to Government Services to a reservation of an area within a specific location for Government Services. Mr. Ruddy concluded an additional review document from the County Attorney is available for review if needed. Commissioner Oates inquired about the reservation for Government Services and will the County be obligated to pay. Mr. Ruddy explained the reservation area is located in Phase I; the details are yet to be determined and would put the County in the position to negotiate. Commissioner Marston inquired has the 9 acres ended up being 5 acres because of the right-of-way for the Exit 310 ramps. Mr. Ruddy explained that is a slightly different component because there are two historical sites one being around the Hillendale House which was reduced from 5 aces to 3 acres for the right-of-way that was needed. Commissioner Thomas noted in 2003/2004 the impact model was much different and if the current proposed rezoning were ran under the current model would the monetary contributions being provided be similar or be adequate. Mr. Ruddy explained it would most likely be a little different but he would estimate the commercial contribution would still turn out to be a positive, however it is important to recognize we do not run the DIM when we compare the residential to the commercial. He continued the Board of Supervisor's policy is to recognize that each residential unit today generates an amount per unit, and then the applicant has to demonstrate why their project would provide that offset. Commissioner Thomas noted originally the housing types were a little more specific and now it appears to be a little more wide open and does that cause Staff any concern. Mr. Ruddy responded it does not cause concern and the flexibility in the housing types is appropriate. Mr. John Foote representing the applicant came forward and began by noting VDOT has come through with the funds for the Exit 310 interchange and this undertaking by VDOT has taken the initial burden off the applicant of some upfront costs associated with the development. Mr. Foote Frederick County Planning Commission Page 3301 Minutes of January 6, 2016 continued this presented an opportunity due to the layout of the property to increase the amount of commercial development that would be permissible. Mr. Foote noted the changes to this rezoning versus the previous rezoning are relatively small. He elaborated that some commercial has been moved from the back of the project to the front and the applicant has eliminated the mandatory assisted living/age restricted housing and made it a market option. Mr. Foote addressed the traffic impacts and noted a specific item to observe is the 370,000 square foot completion agreement and there will be a re -study at that point to see if the triggers are functioning or not and how they can be improved. Mr. Foote continued with this agreement VDOT determined it was satisfied and this will be what protects the road connection and also protects the Exit 310 interchange. Commissioner Oates inquired why the switch from dedication to reservation. Mr. Foote explained the dedication provision in the previous rezoning proffers was time restricted and expired at the 5 year limitation. He noted the other reason the applicant has gone with a reservation versus the dedication has to do with what VDOT requested of the applicant and the consequences of VDOT's design of the Exit 310 interchange which has taken a substantially larger amount of right-of-way off this project than what was originally anticipated. He noted the concern was that the applicant was not recovering that value in some way, therefore rather than making an absolute dedication they chose the reservation route because they need to recapture some of the lost land value. Commissioner Thomas inquired if mixed housing is planned or when will that be determined. Mr. Foote responded no, the market will determine this and nothing has been decided at this point. Commissioner Oates noted he is concerned with the reservation and believes it needs further discussion. Commissioner Thomas agreed with Commissioner Oates and he would like to have more specifics on housing. Commissioner Manuel supports this proposal and feels the commercial versus residential is a positive factor. Commissioner Mohn commented he is generally comfortable with this rezoning; he recognized the reasoning behind the change from dedication to reservation and is comfortable with giving flexibility to the residential component. Commissioner Mohn asked his fellow commissioners what type of housing they would prefer. Commissioner Thomas commented he would like to see a mix and would like a commitment on this from the developer. Commissioner Dunlap commented based on the presented documents he is in favor of this project and he is not concerned with the dedication versus reservation. Commissioner Unger commented the market will dictate what type of housing will be needed in this area and he is in support of this rezoning. Upon motion made by Commissioner Manuel and seconded by Commissioner Ambrogi BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning #12-15 Crosspointe Center submitted by Pennoni Associates, to rezone 58.30+/ - acres from RP (Residential Performance) District to B2 (General Business) District and 72.47+/- acres from B2 (General Business) District to RP (Residential Performance) District within the Crosspointe Center development, Rezoning #13-03, and to amend the proffers associated with Rezoning #13-03. The properties are located east and adjacent to 1-81 Exit 310 Interchange, and adjacent to Tasker Road and Hillandale Lane. The properties are identified with Property Identification Numbers 75-A-89, 75 -A -89A, 75-A-91, 75-A-92, 75-A-95, 75-A-96 and a portion of 75-A-90 and 75-A-94 in the Shawnee Magisterial District. (Note: Commissioner Crockett was absent from the meeting) Frederick County Planning Commission Page 3302 Minutes of January 6, 2016 INFORMATION/DISCIJSSION 2016 — 2017 Capital Improvement Plan (CIP). The CIP is a prioritized list of capital projects requested by various County Departments and Agencies. The Plan is created as an informational component of the 2030 Comprehensive Plan. Deputy Director, Michael T. Ruddy reported the Comprehensive Plans and Programs Committee (CPPC) evaluated the 2015-2016 Capital Improvement Plan (CIP) at their December, 2015 meeting and recommended the CIP be endorsed and recognized the consistency with the County's Comprehensive Plan. Mr. Ruddy noted the number of projects has remained consistent. There are eighty-nine projects in this year's CIP. Mr. Ruddy explained there continues to be reinforcement on enhancing the connection between the CIP, 2030 Comprehensive Plan, and future rezonings. Mr. Ruddy highlighted projects that have been completed or continue to move forward: Airport land acquisition; Schools; Parks and Recreation. He also noted a few projects that have been added or modified: 4"' high school and Aylor have switched; Schools have reduced the number of projects; Parks and Recreation/Northwest Sherando Park. Mr. Ruddy noted a couple items that have been added: Administration/Registrar request for new voting equipment; Fire & Rescue had new company requests. Commissioner Unger inquired why Middletown Fire and Rescue requests are so much more than the other companies. Mr. Ruddy explained it is due to them being aware of their future needs. Commissioner Kenney noted the movement of the Aylor renovations. Mr. A] Omdorff explained this is part due to the completion of Frederick County Middle School. Cancelation of the regular meeting on January 20, 2016 Chairman Wilmot announced there were no pending items for the Planning Commission's January 20, 2016 meeting. A motion was made by Commissioner Oates to cancel the January 20, 2016 meeting of the Planning Commission. This motion was seconded by Commissioner Thomas and unanimously passed. Frederick County Planning Commission Page 3303 Minutes of January 6, 2016 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 8:15 p.m. Respectfully submitted, . tj.A. . Jund M. Wilmot, Chairman Frederick County Planning Commission Page 3304 Minutes of January 6, 2016