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PC 03-06-19 Meeting MinutesMEETING MINUTES XX11 -R-m FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on March 6, 2019. 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; H. Paige Manuel, Shawnee District; Greg L. Unger, Back Creek District; J. Rhodes Marston, Back Creek District; Charles E. Triplett, Gainesboro District; Alan L. Morrison, Member at Large; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: None STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; John A. Bishop, Assistant Director Transportation; Mark R. Cheran, Zoning & Subdivision Administrator; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the March 6, 2019 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 Cline and seconded by Commissioner Manuel, the Planning Commission unanimously adopted the minutes from the January 16, 2019 meeting. Frederick County Planning Commission Page 3613 Minutes of March 6, 2019 COMMITTEE REPORTS Comprehensive Plans and Programs Committee (CPPC) — Mtg. Commissioner Mohn reported the committee discussed two items, both of which are on the agenda for tonight. He noted, the CPPC was comfortable with sending CPPA #02-18 Bruce -town Road Area Amendment forward to the Planning Commission, however they did not endorse CPPA #01- 19 Blackburn Property Workforce Housing at this time. Frederick Water — Mtn. 02/19/19 Commissioner Unger reported, the Board approved a resolution authorizing the Frederick Water Board of Directors' Chairman to execute the Settlement Agreement drafted to resolve the dispute between the Town of Stephens City and Frederick Water. He continued, the design for the Raw Water Pump Station on the Opequon Creek is nearly finished and is slated to be released for construction bids in March, about the same time the raw water and finished water pipelines will be released for construction bids. Commissioner Unger presented the January operations report: customer base is over 16,180 connections; monthly water production averages 5.995 MGD; the quarries are full and in excellent shape for the winter, spring, and summer; water purchase from the City of Winchester has been reduced from typically over 2 MGD to 1.318 MGD. City of Winchester — Mtg. 03/05/1.9 Commissioner Eaton, Winchester City Planning Commission Liaison, reported the Commission discussed the Comprehensive Plan survey. Board of Supervisors — Mtg. 02/13/19 Board of Supervisors' Liaison, Supervisor Trout reported the Board approved the Renaissance Drive Phase Il; the designation of Mountain Falls Park in the Sanitary District was denied; the REZ #04-18 for Tasker Rd. & Warrior Dr. Commercial Properties (Proffer Revision) was approved and the 2019-2024 Comprehensive Plan was discussed. Committee Assignments Chainnan Kenney announced the following committee assignments for 2019: William Cline/ DRRC; Charles Triplett/CPPC; Greg Poole/CPPC; Kay Dawson/DRRC; John Light/CPPC; Alan Morrison/DRRC. 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. Frederick County Planning Commission Page 3614 Minutes of March 6, 2019 There were two citizens that came forward in opposition of CPPA #02-18 Blackburn Property Workforce Housing. They shared their concerns for traffic, property value decrease, core values being diminished of the Comprehensive Plan, and overall negative impacts to the area. There were five citizens that spoke in favor of CPPA #02-18 Blackburn Property Workforce Housing noting there are very few sites that meet all the criteria, this is a great need in Frederick County and would be a benefit to our community and those within the workforce. No one else came forward to speak and Chairman Kenney closed the public comments portion of the meeting. INFORMATION/DISCUSSION CPPA #02-18 Brucetown Road Area Amendment — Sewer and Water Service Area (SWSA) Expansion and Land Use Designation. This is a request for Sewer and Water Service Area (SWSA) expansion and land use designation associated with the Comprehensive Plan Amendment #02-18 for the Carter Tract. This amendment proposed to add 109 -acres into the Sewer and Water Service Area (SWSA) and remove 109-arcres from the SWSA. This amendment also seeks to designate the 109 -acres for industrial land uses. This property is identified with Property Identification Number 34 -A -24D in the Stonewall Magisterial District. Commissioner Oates would abstain from all discussion on this item for a possible conflict of interest. Candice E. Perkins, Assistant Director reported, this is a proposed amendment to the 2035 comprehensive Plan (#02-18 for the Carter Tract); this amendment proposes to add 109 acres in to the SWSA and remove 109 acres from the SWSA. She noted, this amendment also seeks to designate the area for industrial land uses. Ms. Perkins continued, this has been discussed by the Planning Commission on December 5, 2018 and sent back to the CPPC for further review to address transportation and the proposed limits of the expansion. Ms. Perkins presented a mapping of the property. She explained, at the February 2019 meeting the CPPC discussed the transportation components of the proposed text, environmental and buffering components, and the proposed limits of the SWSA request. Ms. Perkins noted, the CPPC ultimately endorsed text that: expanded the transportation expectations; expanded the environmental and buffering text; recommended an expansion area that totaled 109 acres which keeps the SWSA south of Slate Run. Ms. Perkins reported, text for the Comprehensive Plan includes: ■ An industrial land use designation for the site. ■ Recognition of the road network and improvements that may be identified. ■ Relocation of Brucetown Road from its current location and improvements to Brucetown Road. ■ Improvements to Martinsburg Pike and Hopewell Road. ■ No new access to Brucetown Road — only from the existing quarry entrance. ■ Recognition of water and sewer capacity limitations. ■ Protection of environmental features, including enhanced riparian buffers, protection of existing drainage areas, air quality. ■ Buffering between industrial uses and the rural community center (encourage the use of landscaping and distance for screening). ■ Encouragement of the use of rail. Frederick County Planning Commission Page 3615 Minutes of March 6, 2019 Ms. Perkins noted, the CPPC discussed the language in the text in regard to the use of "should" and "shall"; the Comprehensive Plan typically utilizes "should" as this document is a guiding document. She reported the CPPC supported the use of "should" in this amendment. Ms. Perkins concluded, Staff is seeking input from the Planning Commission on the use of "should" vs "shall" in this amendment. Mr. Tim Stowe of Stowe Engineering, representing the Applicant came forward and introduced Mr. Michael Holly of the Clorox Company. Mr. Holly presented an overview of the company's plan. He noted, their core value is "do the right thing". Commissioner Thomas asked if VDOT recommends transportation improvements and if so are they willing to be responsible for the cost. Mr. Holly explained, Clorox will partner with the community to address any VDOT concerns and they will honor their commitment. Commissioner Unger asked how much water will be used daily by the company. Mr. Holly stated it will be a minimal amount in the manufacturing process. Commissioner Thomas inquired if the Applicant is satisfied with the language being "shall" or "should". Mr. Holly commented this has not been discussed and they are willing to address any needs. Commissioner Marston asked if raw materials will be coming in by rail and out by truck. Mr. Holly stated, raw material will come from the quarry, some by truck, and some by rail; all with minimal impact to traffic. Commissioner Morrison inquired are they any plans for expansion and the employee number staring at 100. Mr. Holly stated this is growth possibility at which time they would possibly expand. Mr. Stowe noted future growth would require a new application and the employees will be working various hours and they will not all be there at the same time. Commissioner Mohn commented regarding the "shall" or "should" language; this needs to be consistent throughout the document and he prefers should. Commissioner Unger agrees with Commissioner Mohn to be consistent. Chairman Kenney noted this item will move forward to the Board of Supervisors with "should" recommended as the language. Yes: Mohn, Dawson, Unger, Cline, Triplett, Manual, Molden, Ambrogi, Marston, Thomas, Kenney No: Morrison CPPA #01-19 Blackburn Property Workforce Housing — Urban Development Area (UDA) Expansion and Land Use Designation. This is a request for an Urban Development Area (UDA) expansion and land use designation change to allow for the development of workforce housing that would provide affordable housing opportunities for residents of the community located within reasonable proximity of workplaces in the community. This amendment also seeks to designate the 71 acres for workforce housing. The property is located along the east side of Apple Valley Road and is bordered along the western property line by Route 37 West. This property is already within the limits of the Sewer and Water Service Area (SWSA) and is split zoned RA (Rural Areas) and M1 (Light Industrial) District and is identified by Property Identification Number 63 -A -80I in the Back Creek Magisterial District. Commissioner Marston would abstain from all discussion on this item for a possible conflict of interest. Candice E. Perkins, Assistant Director reported, at the Board of Supervisors December 12, 2018 meeting, the Board directed Staff to undertake an Urban Development Area (UDA) expansion and land use designation change for the Blackburn Property Workforce Housing request. She continued, this amendment proposed to add 71.7 acres into the UDA and designate the site for a residential/workforce housing land use; the site is currently designated for industrial land uses and split Frederick County Planning Commission Page 3616 Minutes of March 6, 2019 zoned RA/M1. Ms. Perkins presented a locations map of the property. She explained, the Applicant is requesting the UDA expansion and land use designation to allow for the development of workforce housing that would provide affordable housing opportunities for residents of the community located- With:n reasonable proximity of workplaces m the commi:n.y. X41 Perms concluded, the Comprehensive Plans and Programs Committee (CPPQ discussed this request at their February 2019 meeting and recognized that workforce housing was needed within the County but expressed concern with the area this was proposed for. She noted, the CPPC did not support the loss of planned industrial land and recommended denial of the request. Commissioner Thomas inquired does the County have a definition for workforce housing. Ms. Perkins commented workforce housing is in the Comprehensive Plan text, but the County does not have a specific definition. Commissioner Thomas asked what enforcement tools there are to ensure it stays workforce housing and who is responsible for improvements to the transportation network. He noted an amendment does not no seem sufficient. Ms. Perkins commented the next step would be a rezoning and at that point in order to solidify the workforce housing it would have to be proffered, from there they would get their funding and then it becomes the County's responsibility to enforce the proffers; the transportation impacts would have to be worked out during the rezoning process also. Commissioner Thomas asked if a proffer can be placed for the developer to commit to not raising the rent for 5 years not over $700. He noted this is a poor location for this proposal and there are numerous other lots within the County that would be more suited for this project. Commissioner Oates agreed with Commissioner Thomas; it is a great idea, but a bad location and the County would be losing some limited industrial ground that is hard to get and plan. Commissioner Morrison commented, the developer has noted it is an awkward piece of land for commercial use; he likes the idea of affordable housing in Frederick Comity, but this is right in the idle of high-end housing and he feels the existing home will be negatively affected. Chairman Kenney agrees with the Commissioners; the County would be giving up M1 land for housing and there are other more suitable sites. Mr. Evan Wyatt of Greenway Engineering, representing the Applicant came forward and presented an overview of the proposed Amendment. He explained, the Applicant has researched the feedback given from the CPPC and; looked at the property as a whole in regard to the wetlands and industrial use; pointed out developable area of the property on mapping; the housing can work around the wetlands; the ability to find a place for workforce housing and looked at comparable sites. Commissioner Thomas commented it was stated that other sites with approximately 70+ acres were looked at; why not look for 5, 10, or 15 -acre sites. Mr. Avram Fechter, Managing Director of EquityPlus LLC explained, they do have a constraint budget in order to deliver high quality housing at the rental prices people can afford; things to look at are land price per unit, scale of project, and property management. Commissioner Thomas asked if the developer is willing to cover the transportation improvements that will be needed. Mr. Fechter noted they are fully prepared to go through the proper process to address the transportation impacts. Commissioner Unger inquired if this is approved, in order to live there a family could only make a certain amount of money. Mr. Fechter responded there is income testing that is done at the initial move in; if the income increases over time there is not change; if the property is sold another income test is performed on the new buyer. Mr. Fechter noted, Federal regulations govern what is charged and with guidelines. Commissioner Morrison commented that building 200 homes at low income will likely generate higher than normal school age population increase, how will this be addressed. Mr. Fechter Frederick County Planning Commission Page 3617 Minutes of March 6, 2019 stated it will not be low income but rather workforce housing. Mr. Wyatt commented if this project gets past the Comprehensive Planning stage and the property is deemed acceptable to move forward with the project then the next step would be to go through a formal rezoning with the school providing comments. Commissioner Mohn asked what is the Feral program that would be used. Mr. Fechter explained, it is called low income tax credit and the definition in the federal code is 60% of AMI. Commissioner Unger commented that the 200 houses concern him. Mr. Fechter noted this project would be unique to the Frederick County community. Commissioner Oates commented, this would be taking a spot that is an economic generator for industrial uses and considering it for residential and he is not comfortable with that. Mr. Ruddy offered verification regarding the proffers and there may be new legislation of which would be addressed at the rezoning process. This item is moving to the Board of Supervisors and is not supported by the Planning Commission. YES: Ambrogi, Manuel NO: Unger, Cline, Oates, Kenney, Thomas, Molden, Morrison, Triplett, Dawson, Mohn Cancelation of the regular meetinL Chairman Kenney announced there were no pending items for the Planning Commission's March 20, 2019 meeting and it will be canceled. "A 13Le11Jie10&I X" 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 8:40 p.m. Respectfully submitted, Kevin W. Kenney, Chairman Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3618 Minutes of March 6, 2019