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PC 11-05-14 Meeting MinutesMEETING MINUTES OF TI4E FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on November 5, 2014. 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; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; J. Rhodes Marston, Back Creek District; Greg L. Unger, Back Creek District; Charles E. Triplett, Gainesboro District; Kevin Kenney, Gainesboro District; Christopher M. Mohn, Red Bud District; Charles F. Dunlap, Red Bud District: Roderick B. Williams, County Attorney; Robert Hess, Board of Supervisors Liaison; Mark Loring, City of Winchester Liaison. ABSENT: None STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Director; John A. Bishop, Deputy Director -Transportation; Mark R. Cheran, Zoning and Subdivision Administrator; Candice E. Perkins, Senior Planner; and Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Wilmot called the November 5, 2014 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. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Molden, the Planning Commission unanimously adopted the minutes of their October 1, 2014 meeting. Frederick County Planning Commission Page 3159 Minutes of November 5, 2014 COMMITTEE REPORTS Frederick County Sanitation Authority —10/28/14 Mtg. Commissioner Unger reported rainfall for last month was .61 inches, with the previous month being 3.28 inches, making this a fairly good average for the year. Water usage at the Diehl Plant was 2.6 mgd; water usage at the Anderson Plant was 2.0 mgd; and right around 1.0 mgd was purchased from the City. The daily average use is about 5.67 mgd, which is very normal for this time of year. The elevation at the Diehl Quarry did go down a few feet, it is now at 657 and was at 662 last month, due to repairs made on a pump at the plant; the Anderson Quarry elevation rose about a foot. Commissioner Unger also reported the water leaks in the County are improving. The leaks are running around 3% versus 17% from the previous month. He noted there has been a lot of work done on the water lines to accomplish this. The Sanitation Authority was audited last month and Commissioner Unger noted it went very well. City of Winchester Planning Commission —10/21/14 Mtg. Commissioner Loring reported the Planning Commission for the City of Winchester considered three actions items and four administrative actions. The items were as follows, a CUP for VFW post to operate a private club, two zoning ordinance amendments, one affecting side and rear setbacks in CMI district and one affecting nonconforming uses in vested rights across the city. There were two administrative approvals. The approval being for the Chop Stix Cafe for a major revision taking place and also approve the site plan for The Lofts at Jubal Square. Transportation Committee —10/27/14 Mtg. Commissioner Oates reported the committee reviewed the Transportation portion of the Capital Improvement Plan, and noted there are no changes at this time due to lost funding, therefore several projects remain idle. Board of Supervisors Report —10/8/14 Mtg. Board of Supervisors' Liaison, Supervisor Robert Hess, reported there were two Planning Commission items addressed at the October 8, 2014 meeting. The Governors Hill proffer amendment Frederick County Planning Commission Page 3160 Minutes of November 5, 2014 was presented and approved by the Board of Supervisors. An informational item was presented in regards to the Black Diamond site plan, of which the Board took note of the uncertainty of funding for Route 37 and that it is unreasonable to suggest the property owner/s carry this burden. 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 #04-14 Baker and Lepley properties, submitted by Lewis and Melissa Baker, Fred and Alice Baker, and Krista Lepley to rezone 8.59+/- acres from MHl (Mobile Home Community) District and RA (Rural Area) District to the RA (Rural Area) District. The properties are located on Sinking Springs Lane in Gore. The properties are identified by Property Identification Numbers 28-A-75, 28-A-76, and 28-A-82 in the Back Creek Magisterial District. Action — Recommended Approval Senior Planner, Candice E. Perkins, reported this is a request to rezone 8.59 +/- acres from the MH -1 (Mobile Home Community) and RA (Rural Areas) Zoning District to the RA Zoning District. Ms. Perkins noted that this rezoning consists of three parcels that are currently split zoned and the proposal is to down zone all to the RA District. The land use proposed in the application is consistent with the Comprehensive Plan and promotes the County's rural areas. Ms. Perkins noted this is a positive rezoning application as it removes areas of mobile home communities that would not typically be used for a mobile home park due to the location outside of the water and sewer service area and the urban development area. Commissioner Unger reiterated that this is a positive rezoning application. Chairman Wilmot opened the public hearing and called for anyone who wished to speak regarding this request to come forward. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Unger and seconded by Commissioner Triplett, BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of the Rezoning #04-14 Baker and Lepley properties, submitted by Lewis and Melissa Baker, Fred and Alice Baker, and Krista Lepley to rezone 8.59+/- acres from MH1 (Mobile Home Community) District and RA (Rural Area) District to the RA (Rural Area) District. Frederick County Planning Commission Page 3161 Minutes of November 5, 2014 Conditional Use Permit #03-14 for Caroline E. Watson, for in Home Child Care. This property is located at 215 Westmoreland Drive in Stephens City. The property is identified with Property Identification Number 75E-1-3-165 in the Opequon Magisterial district. Action — Recommended Approval with Conditions Zoning and Subdivision Administrator, Mark R. Cheran, reported the property is currently zoned RP (Residential Performance) and the land use is Residential. This licensed child care facility has been in operation at this principal structure for 14 years. Mr. Cheran noted the applicant was not aware that a CUP (Conditional Use Permit) was needed for this service until this point; Staff made note there are conditions that will apply to the applicant for this CUP. Mrs. Caroline Watson was present and available for questions. Commissioner Thomas asked Mrs. Watson if she understood the conditions listed within the permit. He inquired as to if condition #2 would cause any problems (7 a.m. to 5 p.m.) and would it be more feasible if it were 6 a.m. to 6 p.m. Mrs. Watson responded this would not cause any problem and a child being at the residence after 5 p.m. is very rare. Chairman Wilmot opened the public hearing and called for anyone who wished to speak regarding this request to come forward. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Thomas and seconded by Commissioner Oates, BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #03-14 for Caroline E. Watson, for in Home Child Care at 215 Westmoreland Drive with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. Hours of operation shall be permitted from 7 a.m. to 5 p.m., Monday through Friday. The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 4. No business sign associated with this Conditional Use Permit (CUP) shall be erected on the property. Other than those children residing on the property, there shall be no more than twelve (12) children being cared for at any given time. 6. Other than those persons residing on the property, there shall be no more than one (1) employee working at the daycare at any time. Frederick County Planning Commission Page 3162 Minutes of November 5, 2014 7. Any expansion or change of use will require a new Conditional Use Permit. Rezoning #02-14 Heritage Commons, L.L.C., submitted by Lawson and Silek, P.L.C., to rezone 96.28+/- acres from BS (Business General) District to R4 (Residential Planned Community) District and 54+/- acres from RP (Residential Performance) District to R4 (Residential Planned Community) District and .31+/- acres from the RA (Rural Areas) District to the R4 (Residential Planned Community) District with proffers. The properties are located west of the intersection of Front Royal Pike (Route 522) and Airport Road (Route 645) and are identified by the Property Identification Numbers 63-A-150, 64-A-10, and 64-A-12 in the Shawnee Magisterial District. Action — Recommended Denial by Unanimous Vote Senior Planner, Candice E. Perkins, provided a detailed history of the applicant's pursuit in Rezoning #02-14 Heritage Commons. Ms. Perkins reported this rezoning contains proffers and modifications that go along with the R4 zoning request. This same property was rezoned in 2005, formally known as the Russell 150 property. She noted this rezoning request was discussed by the Planning Commission and the Board of Supervisors at a staff briefing held on September 3, 2014. Ms. Perkins reported the R4 district is a mixed use district that allows an applicant to modify or tailor the ordinance to further meet the needs of the community that they envision. The key points of the modification document are: 100% per townhouse and multifamily whereas the R4 limits the development to 40%; an increase in the residential density, proposing twelve units an acre whereas the R4 is typically four units an acre; an increase in the commercial maximum; a decrease in the open space from 30% to 15%; request to have private streets rather than public streets; commercial building height up to 80 feet; as well as inclusion of a modified apartment building dimensional layout. Ms. Perkins noted the land uses presented with this rezoning application are not consistent with the 2030 Comprehensive Plan. Additionally, the application does not adequately address the negative impacts associated with this request; in particular, the negative transportation and fiscal impacts. Also noted, many of the reviewing agencies concerns and comments remain unaddressed, specifically VDOT, Frederick County Public Schools, Parks and Recreation, the County Attorney, as well as Public Works. She reiterated the R4 district zoning enables a mixed use development, this could be a town center type use, however as proffered this application would clearly allow for separate uses whereas the residential and commercial areas could be clearly segregated from each other. Ms. Perkins reported the negative fiscal impacts associated with the residential uses proposed on the property have not been satisfactorily addressed, the market and fiscal impact analysis shows a positive fiscal gain however it does require full build out to achieve this which could be upwards of fifteen years. Ms. Perkins noted that proffer fazing falls grossly short of achieving what the model is utilizing to achieve the positive fiscal gain. Also explained, it does not proffer the multifamily units to be market rate as shown in the analysis. Ms. Perkins reported the analysis does not reflect the Commissioner of Revenue or the Treasurer's comments regarding inaccurate data that was used. Frederick County Planning Commission Page 3163 Minutes of November 5, 2014 Ms. Perkins reported the County's development impact model projects a negative impact of $13,062 per single family attached or town house unit and $11,339 per multifamily unit on County capital facilities. She explained that based on the unit cap in the proffers the potential negative impact of the residential units will have on the County facilities is $13.9 million. Also noted, the development should not be utilizing the future tax contributions of the commercial land bays to offset the negative impacts of the residential units without guaranteed phasing of the commercial uses to be built in conjunction with the residential uses. Ms. Perkins continued that within the proffers the applicant has included a phasing proffer with the proposal being; receive a building permit for 50,000 sq. ft. of commercial with the first 300 units, then secure an occupancy permit for that 50,000 sq. ft. prior to starting the 600t" unit; then receive a building permit for an additional 50,000 sq. ft. of commercial at the 600t" multifamily unit however there is no trigger for the occupancy permit for the second 50,000 sq. ft. Therefore, the proffer would allow the construction of 599 multifamily residential and 184 townhouses with the construction of 50,000 sq. ft. of commercial area. She noted, with the development impact model projections, that is over $1 million annually in negative impacts. This is not consistent with the analysis that was provided by the applicant to maintain economic balance nor does it guarantee to offset the impacts from the residential units. In regards to Comprehensive Plan conformance, Ms. Perkins reported the land uses shown within land bays 3 and 7 are not supported by the 2030 Comprehensive Plan, land bay 3 is shown with mixed residential and commercial land uses; the Comprehensive Plan designates this area entirely for employment land uses. Also noted, land bay 7 is shown with the ability to develop with 100% commercial or industrial uses. The Comprehensive Plan shows the land bay 7 area as solely high density residential. Deputy Director -Transportation, John A. Bishop, provided an overview in regards to the Transportation concerns on this rezoning. He reported that after some questions and a bit of confusion it is to be noted that the County has not previously nor is actively doing any design work on the portion of the property in question. Mr. Bishop reported there are several concerns as follows: $1,000,000 in cash proffers currently on the property that is not listed in the current package; Chapter 527, approximately 1,000 additional units and 500,000 sq. ft. of office/commercial/industrial under the 1.2 million sq. ft.; Warrior Drive, Mr. Bishop believes the language has improved however it appears easy to avoid; the construction commitments are completely reliant on a revenue sharing agreement between the County and the applicant, which does not exist at this point; the road section details that have been added are very helpful. Commissioner Wilmot requested Mr. Bishop share with everyone the importance of Chapter 527. Mr. Bishop explained that Chapter 527 is the state code requiring the study of development which is going to increase vehicle trips on state roads. He noted if the County knowingly accepts something that should have previously been studied, the County would be in violation of Chapter 527. Mr. Bishop stated that a representative from VDOT was present and available for any questions. Ms. Perkins returned to the podium and reiterated that this rezoning application is not in conformance with the 2030 Comprehensive Plan. She noted staff was available for any questions. Commissioner Oates asked in regards to the entrance language in the proffers, would it be appropriate to have the GDP revised. Mr. Bishop responded that the language that has been presented resolves the issue. Commissioner Oates inquired regarding proffers: is there anything in the proffers that prohibits the County from getting 1,050 units of low income apartments the way they are currently Frederick County Planning Commission Page 3164 Minutes of November 5, 2014 written? Ms. Perkins responded that is correct, the proffers in the package do not proffer market rate units. Mr. Thomas (Ty) Moore Lawson, P.C. with Lawson & Silek, P.L.C. was present on behalf of the property owner and the contract purchaser/developer. Mr. Lawson gave an overview of the rezoning request. He noted this rezoning was originally filed in September 2013. He stated this rezoning is intended to replace the approved rezoning of 2005 in its entirety, which was a rezoning with proffers. The approved rezoning had a road alignment which is not the current road alignment that has been approved by VDOT. Mr. Lawson noted there are two revenue sharing programs in place, one that Mr. Bishop mentioned as well as another that runs from the traffic circle down to Airport Road and shows the beginning of Warrior Drive. Mr. Lawson mentioned that under the original Russell 150 there was CDA funding, that has since failed. He also emphasized that the Russell 150 is bankrupt and has failed. Mr. Lawson explained that he had circulated revised proffers that contained significant changes over those proffers included in the agenda. The first change being that the multifamily would be market rate as proffered and as the market analysis depicted. The word "market rate" will appear in front of every reference to multifamily throughout the document. There was a request to drop the industrial and that has been deleted. The other change suggested was regarding the Chapter 527 issue, the result after meeting with staff was to cap the trips from this development at 23,177 and put in a mechanism that notes if that number is reached how it will be addressed with subsequent traffic studies. That will eliminate any complaint or issue about traffic study. Mr. Lawson next talked about the guarantee of mix, the guarantee of commercial along with the multifamily. He noted the wording has been changed and tied to certificate of occupancy. He stated in order to get a certain number of certificates of occupancy for multifamily; there has to be a certificate of occupancy for a certain square footage of commercial. Those are the only changes in the proffers at this time. Mr. Lawson next talked about the generalized development plan. He presented a slide showing the drawing and alignment of roads that was received from Pennoni Associates Inc. who is the contractor working for the State and the County to design and build a road network pursuant to two revenue sharing programs between the State and the County which includes a bridge over I-81 to connect to Tevis Street; it shows a two lane traffic circle that connects the Northern Y, Warrior Drive, and the main boulevard. He noted that the design of this is coming from Pennoni Associates Inc. on behalf of the State and the County. Mr. Lawson stated it has been suggested the applicant get and engineer drawing which became problematic because there is only one engineering firm working for the State and the County. He noted it has been proffered to dedicate the road alignment that is necessary and also proffered to back stop the County for its share under these revenue sharing programs. Mr. Lawson presented slides of the staff stated comments; mixed use development and the concern that the mixed use urban center concept has been lost and not assurances of what development will materialize, he noted the language they are using is mix and are guaranteeing a mix within certain ranges and caps; next comment was regarding R4 zoning would enable a mixed use however there are no assurances, he stated the property needs to be looked at as a whole and with the tables presented they believe the ordinance will be satisfied and there will the mix of residential and commercial and a very desirable mix, there is a cap on the residential of 1,200 and there is no cap on the commercial other than the safeties that have been put in for traffic etc...; the concern regarding Comprehensive Plan conformity, in particular proffered uses in certain land bays, he emphasized this project needs to be considered as a whole, suggests in doing so will be in conformity to the Comprehensive Plan; the concerns regarding the revenue sharing plan and no guarantees if the revenue sharing fails, he noted it is being put in the proffers and it's being proposed that they will be paying the Frederick County Planning Commission Page 3165 Minutes of November 5, 2014 County's share and it is a condition that runs with the land if this is approved; the next concern is for Warrior Drive and there needs to be more of an accommodation for it, it has been proffered to dedicate a right of way at such time when it's designed; the comments there are no guarantees to offset impacts and needs to be commercial development in conjunction with residential, Mr. Lawson noted that the Market and Fiscal Impact Analysis provided reflects all of the components being tax positive; the concern on phasing and lack of proffered phasing, there is phasing, a cap on residential is now in place; TIA (traffic impact analysis) has been satisfied by capping trips at 23,177; PPEA and the need for this proffer is unclear and there is no commitment for a County Administration building on this property, he noted they agree and that the offer is still there with a timeline of one year; a mention of a height issue, this is not in the flight path of Winchester Regional Airport and will abide by any FAA regulations. Mr. Stuart M. Patz, President of Patz & Associates, Inc. author of the applicant's market and fiscal impact analysis, came forward to explain more about the proposed project. He noted the current copy of the analysis has been reviewed by the Commissioner of the Revenue for the County and has been deemed to be successful and accurate with one small error being changed. Mr. Patz reported the report shows a phased development not based on proffers but based on market trends to show that the fiscal impact analysis could be positive/would be positive in five year increments. The conclusions of the fiscal impact analysis are at build out the County will have revenue benefits of net 3.2 million dollars a year. That is based on how the fiscal impact analysis is composed of onsite revenue and expenses as well as offsite, which differs from the County's DIM model. Mr. Patz noted that in the report the minimum household income required to support the rents at the market rate upscale communities would be $40,000 for a one bedroom unit, increased for two and three bedroom units, townhouses would require higher income at a minimum of $75,000 income level, therefore the report uses and average of $65,000 for the expenditure potential. This type of fiscal impact analysis is used all over the country by the firm. Mr. Patz stated that the report presented at this time has been approved by the Frederick County Commission of the Revenue. Mr. Patz commented that: onsite and offsite expenditures are used in the analysis; determined apartment units at the income rage being proposed and the upscale has a smaller pupil per generation rate; the market study is based on market trend and not on proffers. Mr. Patz emphasized that this project is unique to the area, more upscale than anything else in the area, and will generate a positive impact no matter how the numbers are calculated. Mr. Patz noted the County Administration building would be constructed on the site and was used in this analysis. It was done with the understanding that the public investment is a key anchor for this property to generate 3.2 million annually in net revenue at build out. He noted the importance of this. Mr. Lawson presented a video on behalf of The Cathcart Group which depicts a community in Charlottesville VA that is very similar to the project at hand. Mr. Cathcart explained their primary focus is luxury apartments. He noted they develop them, they build them, and they own and manage them. Mr. Cathcart stated the envision for Heritage Commons is similar to their property known as The Reserve at Belvedere, and also building the same design in Harrisonburg VA. The outlook is to build the finest residential communities in the market area which will be a high end community. Mr. Cathcart gave a brief overview of all the amenities within the communities. Mr. Cathcart passed out company information documents to Commission Members. Mr. Cathcart noted that his business is in this for the long haul and feels that is important when developing a project like this. He stated he is convinced these types of properties are successful and will produce high tax revenue. Frederick County Planning Commission Page 3166 Minutes of November 5, 2014 Mr. Lawson gave closing comments, he noted this is a lot to digest, it's a big project, and he insists everything is tax positive. Mr. Lawson asked for comments and that this be forwarded to the Board of Supervisors for approval on December 10, 2014. Chairman Wilmot asked Commission Members if there were any questions for the presenters at this point. There were no questions at this time. Chairman Wilmot opened the public hearing and called for anyone who wished to speak regarding this request to come forward. Mr. Alan Morrison who resides in the Gainesboro District spoke in opposition of this rezoning request. He noted he appreciates the use of imagination; however he is concerned it is too far from reality. Mr. Morrison is concerned that the impact on the County taxpayer will be that of a negative one. Mrs. Ellen Murphy, Commissioner of the Revenue for Frederick County, VA spoke in reference to mathematical errors that affected the type of revenue she is familiar with. Mrs. Murphy contacted Mr. Patz and explained that she had concerns and most of the adjustments were made for this presentation. She also noted that by doing so did not mean she was endorsing or anyway encouraging this project at this time. Mrs. Murphy stated she is not in a position to disapprove and her involvement was to bring the errors to the forefront for correction. Mr. Clarence Davis Jr., Pastor of Calvary Church of the Brethren which borders the Heritage Commons property spoke in favor of the rezoning. He stated he and his congregation are excited about the possibility of having the transportation issues made easier in regards to entering and exiting the church property. Mr. Davis noted the Heritage Commons property has been neglected for many years and he and the congregation are anxious to see it cleaned up and more presentable to the community. Chairman Wilmot asked if anyone else would like to speak, no one came forward. The public hearing portion of the application review was closed. Chairman Wilmot asked Staff if they had any additional thoughts or comments. Mr. Bishop came forward to clarify a few points. He noted currently there are three revenue sharing awards that apply to the various roads involving this property. Mr. Bishop clarified that revenue sharing projects are not State projects, the state is involved however, the County applies for funds and are subject to approvals and all the processes that go along with being involved in a revenue sharing project. Chairman Wilmot asked for a recommendation based on the information currently at hand and not the new proffers that were recently submitted. Commissioner Thomas noted that from a macro standpoint this could be a nice project, however this project contains significant inconsistencies and many details that need to be resolved. He stated he hopes this project can move forward as shown but not as written in the proffers. Commissioner Manuel posed a question to Mr. Bishop, he asked for clarification on the most recent TIA. Mr. Bishop stated the most recent TIA for this location was 2004. Commissioner Manuel posed a question to Ms. Perkins, he inquired as to the status of water and sewer. Ms. Perkins stated that in 2013 FCSA stated they do have adequate water and sewer available in terms of the plants to serve the property however there is question about the lines and infrastructure being adequate in serving the property. The question still remains as to what may have to be upgraded and installed to accommodate the property and who will pay for that. Frederick County Planning Commission Page 3167 Minutes of November 5, 2014 Commissioner Manuel made a motion to recommend denial of this rezoning to the Board of Supervisors. This motion was seconded by Commissioner Triplett and passed by a unanimous vote. BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously deny approval of Rezoning #02-14 Heritage Commons, L.L.C., submitted by Lawson and Silek, P.L.C., to rezone 96.28+/- acres from BS (Business General) District to R4 (Residential Planned Community) District and 54+/- acres from RP (Residential Performance) District to R4 (Residential Planned Community) District and .31+/- from the RA (Rural Areas) District to the R4 (Residential Planned Community) District with proffers. OTHER Cancellation of the Regular Meeting on November 19, 2014 Chairman Wilmot announced there were no pending items for the Planning Commission's November 19, 2014 meeting. A motion was made by Commissioner Thomas to cancel the November 19, 2014 meeting of the Planning Commission. This motion was seconded by Commissioner Dunlap and unanimously passed. I�11111" 11,100 1 ORN I No further business remained to be discussed and a motion was made by Commissioner Oates to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously passed. The meeting adjourned at 8:45 p.m. Respectfully submitted, JUL Y14 Chairman Eric R. awrence, Secretary Frederick County Planning Commission Page 3168 Minutes of November 5, 2014