Planning Commission

PLANNING COMMISSION MINUTES August 23, 2023 6:30 PM Regular Meeting You may view and listen to the meeting in its entirety by going to the Planning Commission page on the City’s website: https://www-regionalwebtv- com.filesusr.com/html/2c630b_52690fe286848cd4501315f061e711d7.html?wchannelid=2aucum61zm&wmediaid =e0rj41q114 The agenda, staff report and associated documents are also available on the Planning Commission page: https://www.fredericksburgva.gov/241/Planning-Commission MEMBERS CITY STAFF David Durham, Chairman Chuck Johnston, Director Adam Lynch, Vice-Chairman Mike Craig, Principal Planner Mary-Margaret Marshall, Secretary Taylor Owen, Administrative Assistant Susanna Finn Kenneth Gantt Chris Hornung 1. CALL TO ORDER Chairman Durham called the meeting to order at 6:30 p.m. in Council Chambers and explained meeting procedures for the public. Members of the public were invited to attend or access this meeting by public access television Cox Channel 84, Verizon Channel 42, online at www.regionalwebtv.com/fredcc, or Facebook live at www.facebook.com/FXBGgov. 2. PLEDGE OF ALLEGIANCE 3. DETERMINATION OF A QUORUM There were six members in attendance. 4. APPROVAL OF AGENDA There were no changes to the agenda. Mr. Gantt moved to approve the agenda, and Mr. Lynch seconded. Motion passed 6-0. 5. DISCUSSION OF POTENTIAL POLICIES, ORDINANCES, OR APPLICATIONS None. 6. DECLARATION OF CONFLICTS OF INTEREST OR DISCLOSURES OF CONTACT None. 7. PUBLIC HEARING – Continued [00:04:15] A. CVAS P8A, LLC and CVAS P8, LLC proposes a project to be known as The Neon at Celebrate Virginia South with a rezoning of 63.006 acres from Planned Development – Commercial to Planned Development- Residential (56 acres) and Planning Development – Mixed Use (7 acres). The 63-acre  property is comprised of two parcels identified as GPIN 7860-50-3126 and 7860-40-5307. The property is on the west side of the 3000 block of Gordon Shelton Boulevard and is accessed by this street. Mr. Craig presented the application modifications and provided the staff recommendation. These changes include an adjustment to the cash proffer statement and the modified plan phase language. Mr. Craig summarized the Regulating Plan and outlined identified issues for the applicant to address regarding trail access, open space, and visibility from the River. Mr. Craig highlighted some remaining items that should be addressed including homeownership opportunities and the height and placement of the proposed gates and fencing. Ms. Marshall, Mr. Lynch, Ms. Finn, and Mr. Gannt did not have any questions or comments for staff. Mr. Hornung asked about permitted non-residential T-4 uses like office, hotel, industrial, etc. Office and commercial uses are allowed under PD-C, but not industrial or potentially flex offices. Chair Durham discussed home ownership rates in the city. Approximately 60% of homes are rental while 40% are ownership. The current application proposes 750 rental units. Mr. Charlie Payne, representing the applicant, provided a presentation about the proposed project (attached). Mr. Silver spoke in detail highlighting the unique project and it’s benefits for the area and future residents. He also reviewed the proposed gates and the applicant’s exploration of the transect designation on the back half of the property in the Comprehensive Plan. He also discussed that the river already has an adequate environmentally sensitive buffer zone and the recreational uses in that area Mr. Gannt acknowledged some progress on the application and asked about retaining the PD-R portion of the project. Mr. Payne stated that the application was increased in order to re-align the development scheme to fit the envisioned street layout in the Comprehensive Plan. He discussed the T-3 transect land use component and stated that the intent behind that is to protect environmentally sensitive areas, but there is already a buffer in place. There is significant recreational space and he also stated that the gates will be open during the day. Mr. Hornung asked about project components related to the ACA including a sufficient construction easement for them to build the road as shown on the plan. Mr. Payne and Mr. Silver confirmed that it is included in their proposal. Mr. Lynch asked Mr. Fairbanks if they have a cost estimate if the road construction or grading. There are no estimates currently. Mr. Silver stated that they can not predict how the cost may increase several years from now when the project may actually be completed. There was a discussion regarding the ACA and the intent and feasibility to develop a road as well as the history of the easement on the site. Mr. Fairbanks explained the road location and grading in its relation to the site and the conservation easement. He explained that it’s not feasible to have a connection directly from Neon. Ms. Marshall and Ms. Finn had no comments. Chair Durham asked Mr. Payne if anyone from the PC or staff contacted them to recommend the purchase of the second GPIN and incorporate it into the proposal. He clarified that they did not. Chair Durham asked staff to provide the history of the gated community objective in the comprehensive plan. Director Johnston confirmed that it originates from the 2015 Comprehensive Plan and possibly the previous version as well. Chair Durham requested that staff read aloud the description of the T-3 transect. Mr. Craig confirmed that the project boundary is generally located at the limits of the gravity sanitary sewer service, but it’s tied to the physical features of the land. Mr. Craig read the description of the transitional residential uses in the Comprehensive Plan. Mr. Payne stated that the Comprehensive Plan is a guide, not a requirement, and argued that the overall elements of the project are consistent with the intent of the Comprehensive Plan. Ms. Finn asked staff to display the sections on T-2, T-3, and T-4 in general to discuss the range in density. The PD- R portion is 13 units per acre. Chair Durham opened the public hearing and welcomed public comments. John Garman, 3219 Fall Hill Avenue. He works with the ACA and spoke on their behalf. He spoke on the history and intent of the conservation easement on project site and encouraged an approval of the application. Joseph Daniel Henderson Sr., Pastor at Family Worship Center and former Planning Commissioner, voiced his support of the project. Chair Durham closed the public hearing and requested a motion from the Commission. Mr. Hornung stated that he is supportive of development in this area and has witnessed this particular area struggle. He stated that the multifamily development in Celebrate Virginia South has been a beneficial addition to the community and have provided a positive source of revenue to the city. He is supportive of the use. The concerns presented by staff, while well founded, shouldn’t hinder the approval of the process as not every application can meet all the standards set in the Comprehensive Plan. Mr. Hornung suggested a motion for recommendation of approval of the application as submitted by the applicant with the change that the right of way for the ACA be added to the proffers for the dedication of a construction easement. Chair Durham clarified that the motion was a recommendation for approval of both the PD-MU and the PD-R rezonings. Mr. Hornung confirmed that was accurate. Ms. Marshall seconded the motion. Chair Durham welcomed discussion on the motion. Mr. Lynch suggested separating the motion into two different motions by the PD-MU and PD-R zoning districts. He will not support the PD-R portion of the recommendation. He would prefer to see the development of the road all the way down to the property at the ACA to be included in the proffers. He was concerned that the responsibility of development, while not having any cost estimates, may be too much to place on a non-profit. Mr. Hornung stated that he did not accept the proposed amendment to the motion. Mr. Gannt agreed with Mr. Lynch’s proposal and provided his reasons for doing so. Chair Durham polled the Commission. The motion failed 2-4. Mr. Lynch motioned a recommendation of approval of the seven-acre portion of the property to PD-MU. Mr. Gannt seconded the motion and Chair Durham took a poll. The motion passed 6-0. NEON at Celebrate Virginia South City of Fredericksburg – RZ FY23-01 Property Overview • Project is located in Celebrate Virginia South along Gordon W. Shelton Boulevard • Consisting of approximately 63 acres • Site is clear and graded (prior marketing for commercial pad site) • Located in the Area 1 Small Plan • Currently vacant land and zoned PD-C (since 1998) • Also nearby to the Fredericksburg Nationals Stadium, Wegmans shopping center, 4 multi-level hotels, other multifamily uses and the Fredericksburg Expo and Conference Center  Project Overview • Requesting a zoning map amendment from PD-C to PD-R and PD-MU for the purposes of developing a mixed use, planned development residential and commercial project • PD-MU: “established to promote areas appropriate for office, retail, and residential uses, designed in a unified and cohesive manner in order to create an attractive environment in which to live, work and recreate. Two or more uses shall be integrated into a mixed use project” • PD-R: “encourages innovative and creative design, to facilitate use of the most advantageous construction techniques, and to protect watercourses, stream valleys, forest cover in watersheds, and areas with scenic vistas. The district is designed to permit a greater degree of flexibility in terms of layout, design and construction of planned development than is found in conventional zoning classifications. It will permit planned mixed use communities comprising residential, commercial, office and service uses” Project Overview (continued) • Request includes approximately 7 acres for PD-MU (density of 4.85 per ac. vs. 30 units to ac. as allowed) and approximately 56 acres for PD-R uses (density 12.89 per ac. vs. 24) • Project is the third and final leg of the Silver Collection at CVS and is compatible with current developments in the area: • Silver Collection (market rate MF) • Jubilation (age restricted MF) • NEON – mixed use development (MF + Commercial & NEON Clubhouse) Project Overview (continued) • Project consists of 756 MF Units (722 PDR & 34 PD-MU), majority being one and two bedrooms (no more than 5% of all units 3-BR) • +25,000 SF clubhouse that will include co-working space, fitness center, event spaces, resort pool, food and beverage services and other services • Clubhouse will be open to residents and non-residents who pay an annual club fee • +28,000 SF of commercial uses, including a beer garden (entertainment venue), retail, office and restaurants uses • Current multi-lane/parkway transportation infrastructure already in place with 80% remaining capacity (Gordon W. Shelton Parkway) Project Overview (continued) • Immediate access to City trail system and entertainment venues such as Fred Nats Stadium • Will support entertainment venues like Nats Stadium and conference center and other businesses at CVS and Central Park having immediate and walkable access • Project is geared towards tech-savvy young adults between 25-40 years of age who want to live a more modern lifestyle, & reside in a work and play environment (urban scale environment) • Co-working space is highly sought after in this age group and it is anticipated Neon’s clubhouse co-working space will work as an incubator to attract both new businesses and tech savvy workforce to this area  Project Overview (continued) • Fiscally Positive CVS Development  Includes Silver Collection, Jubilation and Neon  Estimated total project cost is $263.2 Million (Neon alone is $155 million)  One time impact from construction and development activities = $92.9 million and 378 jobs  Total spin-off spending during construction is $55.4 million, which will generate 165 new jobs  At full build-out annual gross tax revenues = $4.8 million (Neon is $2.9 million of this number)  Annual net tax (direct) revenues = approximately $1 million annually with Neon netting $600,000 annually  Attract a greater diverse workforce to the City including Millennial and Gen Z employees/entrepreneurs (entrepreneur ecosystem and offer modern lifestyle)  Comprehensive Plan Analysis • Project is in general accordance with City Small Area Plan 1 • Project promotes higher level of mixed use development near existing compatible residential and commercial uses • Meeting transportation goals such as creating multi-modal systems within the Project including pedestrian and bicycle facilities, FRED Stop, and creation of complete and integrated streets, and interparcel connections • Adequately supports public school facilities & protects sensitive environmental features • Provides entertainment venues (Clubhouse & Beer Garden) • Will support existing businesses at CVS, including Fred Nats, Wegmans, and will attract new commercial investment to the CVS area Comprehensive Plan Analysis (continued) • Positive job and tax revenue creator and economic development initiative • Project has support of surrounding businesses, including Rappaport Companies at Central Park • Supported by extensive transportation infrastructure and does not degrade LOS • Promotes open space and connects to City trail systems • Enhances surrounding development patterns  Parking • UDO requires 1.75 parking spaces per dwelling for MF developments • Planned Development Districts require 1 parking space per unit and 1 space for every 335 SF of commercial space • Applicant sees this as inadequate parking since typically more than one driver lives in a unit and many residents have more than one car or other like boats, motorcycles, or other vehicles and storage. • Neon’s Clubhouse business model with the co-working space anticipates to involve upwards of 200-400 non-resident memberships to utilize the facilities on a daily or weekly basis • Other supporting commercial uses (Beer Garden, other mixed uses) have the ability to serve as a host site for larger social and community-oriented events and activities during most of the year which justifies an increase in parking on site • 290 spaces are dedicated for PD-MU use and 1,341 spaces are dedicated for PD-R use • Break down is 870 surface spaces, 208 garage spaces, 327 on street spaces, 86 spaces for the clubhouse and 140 spaces for the Beer Garden Proffers • Schools and Public Safety = total of $2,491,918 • $2,020,788 for Schools • $2,673 per Unit • $471,130 to Public Safety • $580.29 per Unit • $577 per 1,000 SF of PD-MU Commercial Uses • $720 per 1,000 SF of Clubhouse Uses • Transportation • Construction of site driveway with one ingress and two egress lanes at the intersection of Gordon W. Shelton Blvd and proposed full movement driveway • Construction of site driveway with one ingress lane an one egress lane at the intersection of Gordon W. Shelton Blvd and the proposed right-in/right-out site driveway • Pedestrian crosswalk across Gordon W. Shelton Blvd. Other Proffers • Interparcel connections & resident and public trail access/connections • Specular security gates will remain open during daylight operating hours and closed at night. • The Project will include at a minimum the following amenities: (i) clubhouse, (ii) pool, (iii) walking trails, (iv) bocce ball court, (v) pickle ball courts, (vi) grill area, and (vii) exercise and fitness room • The Applicant agrees to contribute its pro rata share of the cost for the City’s planned capital utility infrastructure improvements required for sewer • Applicant has proffered 30.35% (15% required) open space under PD-MU zoned section and 57.31% (25% is required) under PD-R Section • Applicant will not request its first CO earlier than 20 months after approval • Applicant has agreed to phase development whereby no more than 350 PDR Units/all PD-MU Units & PD-MU Commercial & Neon clubhouse will be completed before December 31, 2025, and the remaining PDR Units (372) will not be completed before December 31, 2028 Other Proffers • Building heights no greater than three stories (approx. 45 feet) • No buildings constructed on Property can be visible to naked eye from the Rappahannock River frontage of GPIN #7860-20-2990. • Applicant agrees to provide the American Canoe Association either the total sum of $100,000 or clear or grade the ACA access area for purposes of supporting the ACA with construction of an access road from Gordon W. Shelton Blvd. to ACA site. • Applicant will construct a 10’ wide hard surface trail within the 50’ wide buffer area • Applicant will construct a 5’ wide mulch trail and a 10’ wide paved shared use path with non-exclusive public easements for each for purposes of connecting and providing public access to portions of the City’s trail system. Renderings (Main Street) Clubhouse Elevations (Front) Clubhouse Elevations (Back) Amenities Amenities Amenities NEON Clubhouse NEON Clubhouse NEON Clubhouse NEON Clubhouse NEON Clubhouse Yellow: Deeded 60 Acres Red: Conservation Easement Green: ACA Property Staff Comments • T-3 Comp Plan Consistency • Gate Concept • ACA Access • Trail Connections Questions?