HomeMy WebLinkAboutPC 11-07-18 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 November 7, 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;
Lawrence R. Ambrogi, Shawnee District; Charles E. Triplett, Gainesboro District; Christopher M. Mohn,
Red Bud District; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney.
ABSENT: Greg L. Unger, Back Creek District; J. Rhodes Marston, Back Creek District; H. Paige
Manuel, Shawnee District.
STAFF PRESENT: Michael T. Ruddy, Director; John A. Bishop, Assistant Director Transportation;
Mark R. Cheran, Zoning and Subdivision Administrator; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the November 7, 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 Thomas, the
Planning Commission unanimously adopted the agenda for this evening's meeting.
MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the
Planning Commission unanimously adopted the minutes from the August 15, 2018 and September 19,
2018 meetings.
Frederick County Planning Commission Page 3592
Minutes of November 7, 2018
COMMITTEE REPORTS
Comprehensive Plans and Programs Committee (CPPQ — Mtg. 10/15/18
Commissioner Mohn reported a discussion was held regarding the Carter Tract and it was
unanimously voted upon to move forward.
Transportation Committee — Mtg. 10/22/18
Commissioner Oates reported the committee discussed the following items at the
meeting: Transportation Forum; Highway Safety Improvement Program; I-81 Corridor Study; Updates
on County Projects; and Upcoming Agenda Items.
Frederick Water — Mt2. 09/18/18 and 10/16/18
Commissioner Oates reported (09/18/18 meeting) the Opequon Water Supply Plan
continues to advance through the design process, with 60% design drawings received from the designer
on August 31; Staff review resulted in a few comments which are now being incorporated by the design
team. He Continued, the Cultural Resources field work on the water treatment plant site is underway and
slated for completion next week; once the field work is assembled and report completed, the US Army
Corps will be positioned to be issued their permit. Commissioner Oates shared the August operations
report: Customer base is over 15,800 connections; Monthly water production averaged 6.37 mgd, a
typical summer demand; Water production at the Diehl Plant has increased to 2.5 mgd yet the quarry
levels continue to rise.
Commissioner Oates reported (10/16/18 meeting), Dick Helm, Executive Director of the
Frederick -Winchester Service Authority, presented an update on the Green Energy plant. The Green
Energy plant is a co -generation component recently constructed at the Opequon Water Reclamation
Facility; the plant accepts high strength waste from our food manufacturers like HP Hood and Valley
Protein, and while treating the waste, generates energy. He noted while still working out the kinks, the
energy generator is currently in operation and producing energy which reduces the quantity of electricity
to be purchased from the electric companies; Frederick Water is responsible for half of the project's $50
million debt. Commissioner Oates continued, the Town of Stephens City and Frederick Water have
agreed and approved a Final Term Sheet that paves the way for entry into a Settlement Agreement; both
parties agree that the Final Term Sheet and contemplated Settlement Agreement will resolve the
differences between the parties in a manner that is in the interest of both citizens of the Town of Stephens
City and the customer/rate payers of Frederick Water. He explained, the Settlement Agreement not only
resolves those issues raised in the pending litigation by and between the parties in the Circuit Court of
Frederick County, but also creates a binding agreement between the parties to memorialize and
accomplish the long-term goals and interests of both as it relates to water and sewer. Commissioner
Oates provided the operations report for September: Customer base is over 16,000 connections; monthly
water production averaged 5.74 mgd; water production at the Diehl plant has increased to 2.58 mgd yet
the quarry levels continue to rise.
City of Winchester — Mtg. 11/06/18
Commissioner Fieo, Winchester City Planning Commission Liaison, reported the
Commission discussed an ordinance amendment, a rezoning, and CUP for an extended stay.
Frederick County Planning Commission Page 3593
Minutes of November 7, 2018
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.
PUBLIC HEARING
Rezoning #03-18 for Carpers Valley Industrial Park, submitted by Pennoni Associates, Inc., to
rezone 122.18+/- acres from the R4 (Residential Planned Community) District to the M1 (Light
Industrial) District with proffers. The properties are located approximately one mile east of I-81 on
the south side of Millwood Pike (Route 50), east of Prince Frederick Drive (Route 781) and
Coverstone Drive in the Shawnee Magisterial District and are identified by Property Identification
Numbers 64-A-86 and 64-A-87.
Action - Recommend Approval
Michael T. Ruddy, Director, reported this is a request to rezone a total of 122.18+/- acres
from the R4 (Residential Planned Community) District to the Ml (Light Industrial) District with proffers.
He continued, the subject property is part of the original Carpers Valley/Governors Hill Rezoning which
was approved in 2005 (revised in 2009, 2013, and 2014). Mr. Ruddy noted, Rezoning #11-05 provided
for 143 acres of commercial uses and 550 residential unites on six parcels of land (Land Bay 1 —
Residential, Land Bay 2 — Commercial). He presented a locations map of the two parcels, a map of the
current zoning, and a map of the future land use. Mr. Ruddy reported, the site is located within the limits
of the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan and depicts the
subject properties with a commercial land use designation. He continued, the commercial land use
designation is reflective of the commercial component of the approved mixed-use project approved for
this site. Mr. Ruddy noted, the requested M1 (Light Industrial) District is inconsistent with the
Comprehensive Plan. He shared a graphic of the approved GDP. Mr. Ruddy explained, Rezoning #03-18
seeks to sever two parcels (64-A-86 and 64-A-87) from the original approved proffered rezoning and
rezone them to the M1 District with a new and separate set of proffers. He noted, the primary changes
proposed with this rezoning include modifications to the overall transportation network approved with the
Governors Hill Rezoning that were shared by Land Bays I and 2. Mr. Ruddy shared the proposed GDP
for the current rezoning request and explained, the Applicant is proffering:
Land Use
450,000 sf industrial uses and 805,000 warehousing (noted: in the proffer
statement there is mention of high cube warehousing which is a certain
component that is unique and slightly less traffic generating with the
warehousing). It also gives the ability to construct all uses permitted in the M 1
District and an allowance to increase the warehousing up to 1,305,000 sf with an
updated TIA. Mr. Ruddy noted, it is important to recognize the proposed
rezoning and the proposed proffers remove the commercial square footage trigger
for the completion of Coverstone Drive.
Frederick County Planning Commission Page 3594
Minutes of November 7, 2018
Architecture and Signage
Similar architectural styles and signage in conformance with the Zoning
Ordinance. Mr. Ruddy noted, this removes the approved design modification
package for the overall development that contained: streetscape design
standards; landscaping/screening/open space standards; architectural standards
and Architectural Review Board; height maximums, and street design standards.
• Fire and Rescue
$15,000 contribution at first occupancy permit, Mr. Ruddy noted that past
rezoning applications have provided a monetary contribution in the amount of
$0.10 per building square foot; this proposed proffer is drastically less than this
calculated amount.
Mr. John A. Bishop, Assistant Director Transportation, presented a graphic of the project
that reflected the traffic impacts to include Transportation and Site access:
• The planned road network included in the Area Plan identifies a major collector
road system which provides for an east -west linkage (Coverstone Drive) which
connects to Route 50 East at Inverlee Drive.
• This connection offers an alternative to and relieves future congestion on Route
50 between Prince Frederick Drive and I-81.
• Along with other improvements in the vicinity of the site (including future Route
522 relocated), this important network connection will allow significant traffic
flow from the residential area and the approved development to Route 522 south
and Winchester without traveling through the Exit 313 interchange area.
Mr. Bishop shared the existing proffers and showed on mapping for Phase I and Phase II.
It was noted, before anything can be built, or a CO issued in the residential section, access has to be
completed from Millwood Pike; and significant cash proffers with the currently approved rezoning are,
$75,000 applicable for improvements to the intersection of Victory Boulevard and Millwood Pike, and
$75,000 for the intersection of Costello Drive and Prince Frederick Drive. He presented a graphic and
explained the proposed proffers for this rezoning request:
• Phase I — 4 lane section of Coverstone Drive from point A to point B prior to CO
for up to 405,000 sf
• Phase II — 4 lane section of Coverstone Drive from point B to point C prior to CO
for any use exceeding 805,000 sf
• Phase III — Bond or construct Coverstone Drive from point C to point D at the
same time as Coverstone Drive is constructed by others from Route 50 to point D
• Dedication of Tazewell Lane right-of-way for construction by others
• Future right-of-way dedication along Coverstone Drive adjacent to the Army
Corp of Engineers property
Frederick County Planning Commission Page 3595
Minutes of November 7, 2018
• Cash remuneration to the County if the right-of-way is unavailable for offsite
improvements
Offsite Improvements: (Part of Phase 1)
o Phase I — Restripe existing pavement to extend left turn lane on south
bound Route 522 at Costello Drive
o Phase I — Installation of dedicated left and right turn lanes from Prince
Frederick Drive onto Costello Drive
o Phase I — Installation of dedicated right turn lane on Prince Frederick
Drive at Route 50 and extension of the right and left turn lanes from
Route 50 onto Prince Frederick Drive
Mr. Bishop explained, the proposed rezoning has significantly less traffic generation than
the already approved rezoning however, it will be more trucks. He shared key transportation issues:
• Implementation of the Comprehensive Planned road network
• Shift of Coverstone Drive implementation and cash proffers without evidence of
coordination with neighboring properties
• Increased truck generation
• Analysis of right-of-way needs for offsite improvements
• Phase III bonding of Coverstone Drive from C to D
Mr. Ruddy recognized the approved rezoning utilized commercial tax revenue generated
to offset the impacts of the 550 residential unites within the development; the Applicant has not
demonstrated that the industrial square footage proposed with this rezoning will adequately offset the
impacts the residential units will place on the County; and the proposed rezoning allows up to 405,000 sf
of Industrial uses and 805,000 sf of High -Cube Warehouse or other Industrial uses.
Commissioner Thomas commented and inquired, the future Route 522 is supposed to
come in at Prince Frederick Drive, how would they connect the traffic from Coverstone Drive to the new
Route 522. Mr. Bishop noted it would be a significant intersection or a roundabout. Commissioner
Thomas inquired if a cash proffer is accepted by the County could it only be used for the purpose of those
transportation improvements and if not approved would that cash go back to the developer. Mr. Roderick
Williams, County Attorney, noted without more detailed language in the proffers that would be correct.
Commissioner Thomas shared his concerns regarding tractor trailers having to make multiple turns to
access major roadways and the dangers of the band angle of turning left from Prince Frederick Drive onto
Route 50. Mr. Bishop noted it would be difficult to improve this intersection.
Commissioner Oates commented, on the original rezoning cash proffers, there is one that
states; by June 30, 2018 the right-of-way and design to be secured for Coverstone Drive to the new Route
522 is supposed to be a $20,000 cash proffer and he inquired was this proffer paid. Mr. Bishop explained
no the proffer was not paid and the relocation to Route 522 was adopted by the Board of Supervisors in
December 2017. Commissioner Oates asked if that would be considered a zoning violation with the
existing rezoning. Mr. Ruddy explained, the responsibility for that proffer falls to all property owners
associated with the original rezoning; it is an outstanding proffer therefore it is a component of the zoning
ordinance specific to this property and it would need to be fulfilled before any development occurs on the
property. He noted, should this rezoning move forward, this property would not be responsible for that
proffered contribution, that would fall on the balance of the properties as a zoning violation and all of the
other commitments that remain would be the responsibility of the remaining property owners.
Frederick County Planning Commission Page 3596
Minutes of November 7, 2018
Mr. Alex Westra representing Hines — Global Investment and Development presented a
brief overview of the company. He noted, although a very large company, Hines remains family oriented.
Mr. Westra commented the development will be a major benefit to the County.
Mr. Ron Mislowsky of Pennoni Associates spoke on behalf of the Applicant. He gave an
overview of how this application came forward and the prior rezoning. Mr. Mislowsky shared comments
provided by County agencies. He believes the impacts associated with this rezoning have been addressed.
Mr. Mislowsky noted the Applicant is agreeable to the increase to emergency services of $0.10 per sf and
also not to exceed 3,100 trips per day.
Chairman Kenney inquired regarding the Airport Support District and does that
encompass all of the Land Bays. Mr. Mislowsky stated that it does; Business and Industrial.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Mr. Paul Anderson, Vice -Chairman of the Regional Airport Authority spoke in support of
this application and wants to make sure the proffers are left in place pertaining to the Airport.
Mr. Steve Aylor of Miller & Smith, the owners of parcels 64-A-83 and 64 -A -83A,
requested this item be postponed or denied.
No one else came forward to speak and Chairman Kenney closed the public comment
portion of the hearing.
Commissioners Oates and Thomas again shared their concerns for this application; the
proffers would be too expensive for residential, traffic safety, and the overall road development
throughout.
Upon motion made by Commissioner Ambrogi and seconded by Commissioner Dawson
with two additions to the proffers: an increase to emergency services of $0.10 per sf and also not to
exceed 3,100 trips per day.
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval
of Rezoning #03-18 for Carpers Valley Industrial Park, submitted by Pennoni Associates, Inc., to rezone
122.18+/- acres from the R4 (Residential Planned Community) District to the Ml (Light Industrial)
District with proffers. The properties are located approximately one mile cast of 1-81 on the south side of
Millwood Pike (Route 50), east of Prince Frederick Drive (Route 781) and Coverstone Drive in the
Shawnee Magisterial District and are identified by Property Identification Numbers 64-A-86 and 64-A-
87.
Yes: Mohn, Dawson, Triplett, Thomas, Ambrogi
No: Molden, Oates, Cline, Kenney
(Note: Commissioners Manual, Unger, and Marston were absent from the meeting.)
Frederick County Planning Commission Page 3597
Minutes of November 7, 2018
ADJOURNMENT
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 8:15 p.m.
Respectfully submitted,
Kevin W. Kenney, Chairman
Michael T. Ruddy, Secretary
Frederick County Planning Commission Page 3598
Minutes of November 7, 2018