WILLIAMSBURG PLANNING COMMISSION MINUTES
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1 WILLIAMSBURG PLANNING COMMISSION MINUTES Wednesday, The Planning Commission held its regular monthly meeting on Wednesday, November 19, 2014 at 3:30 p.m. in the Third Floor Conference Room at the Municipal Building, 401 Lafayette Street, Williamsburg, Virginia. CALL TO ORDER AND ATTENDANCE Chair Demetrios Florakis called the meeting to order. Present in addition to Mr. Florakis were Commissioners Christopher Connolly, Jeffrey Klee, Elaine McBeth, Sarah Stafford, and Dan Quarles. Commissioner Justin Shawler arrived late. Staff members present were Planning Director Reed Nester, Deputy Planning Director Carolyn Murphy, Zoning Administrator Rodney Rhodes and City Attorney Christina Shelton. APPROVAL OF MINUTES Ms. Stafford moved that the minutes for the October 15, 2014 regular meeting be approved as submitted. Mr. Connolly seconded the motion which carried by roll call vote of 6-0. Recorded vote on the motion: Aye: Florakis, Connolly, Klee, McBeth, Quarles, Stafford Nay: None Absent: Shawler CONSENT AGENDA SITE PLANS AND SUBDIVISIONS SPR #14-009: Evelyn Garden Center/910 Capitol Landing Road New Garden Center. The Planning Commission approved the request by a vote of 6-0. There being no comments or concerns about the case on the Consent Agenda, Ms. Stafford moved that SPR # be approved as presented. Mr. Connolly seconded the motion which carried by roll call vote of 6-0. Recorded vote on the motion: Aye: Florakis, Connolly, Klee, McBeth, Quarles, Stafford Nay: None Absent: Shawler PUBLIC HEARINGS PCR #14-023: Request of Quarterpath Associates LP for a special use permit to convert 60 of the existing 128 motel rooms into 40 apartments at 614 and 620 York Street (Quarterpath Inn/Knights Inn). This property is zoned B-2 Corridor Business District. The Planning Commission recommended approval by a vote of 7-0. {Commissioner Shawler arrived.}
2 Page 2 Deputy Planning Director Murphy presented the request for a special use permit noting that the proposal is to convert 60 of the 128 motel rooms into 40 apartments, a leasing office, storage and maintenance, laundry, exercise and community rooms, with the conversion to be accomplished in three phases. The 40 proposed apartments will consist of 35 efficiency, three one-bedroom and two two-bedroom apartments. The remaining two buildings on the site with 68 motel rooms and associated motel uses will continue to be used as a motel. She added that staff does not feel that any additional studies, such as traffic impact analysis, public utility analysis and/or a fiscal impact analysis, are needed in order to make a decision on this request. The 2013 Comprehensive Plan designates this parcel as Corridor Commercial land use and states that to ensure high quality development the more intensive commercial uses should require special use permits. Corridor Commercial land use is intended to promote the City s economic development policy for its limited, remaining high-visibility commercial sites. In addition to the B-2 District requiring a special use permit for multifamily dwellings, also required is that not more than 67% of the floor area is used for residential; this proposal results in 45% of the floor area being used for residential. Parking requirements are met with 129 spaces required and 130 provided. Five of the 130 spaces must be accessible and three are currently located on the site. Landscaping requirements are met with 20% open space required for the site and approximately 40% is currently open space. The requirement for recreational area is for 8,000 square feet and the proposal is for 9,780 square feet consisting of a picnic area and use of the existing swimming pool for the apartments. The Site Plan Review Committee met on October 15, 2014 on the conceptual site plan and was satisfied with the design. Ms. Murphy defined some of the concerns staff has with the proposal noting the precedent that would be set for the other 27 hotel properties located in the B-2 District and the potential to convert a portion of these rooms to apartments; the fact that the City has 56% renter-occupancy which is much higher than adjacent jurisdictions; the increase in the City s cost for funding the Williamsburg-James City County Schools because, although students living in City hotels are not counted toward the student total per jurisdiction, those living in apartments would need to be counted; and in the 2013 Comprehensive Plan, the need to ensure that land in the Corridor Commercial areas remains available for commercial development and redevelopment, which is particularly important because only 6% of the City s land area is currently devoted to commercial use and only 6% of the City s vacant land is available for new commercial or mixed-use development. The intent is to encourage new mixed-use developments in the B-2 District. For many years the Planning Department has recommended denial of requests to convert commercially zoned land to residential uses
3 Page 3 and has recommended approval for projects that were consistent with the City s Comprehensive Plan. Staff recommendation is that Planning Commission recommend to City Council that the proposal be denied because it is not supported by the policies and recommendations set forth in the 2013 Comprehensive Plan for the City s commercial corridors. Staff also recommends that the Planning Commission re-evaluate allowing multifamily dwellings in the B-2 District with a special use permit, which would require amendments to the Comprehensive Plan and the Zoning Ordinance. However, if the Planning Commission wishes to recommend approval of the special use permit request to City Council, staff recommends the following conditions: 1. Only one entrance door allowed into the one- and two-bedroom units, laundry room and community room. The additional doors must be removed with Architectural Review Board approving the exterior changes. 2. All plumbing fixtures and kitchens to be removed from the hotel rooms that are proposed for storage. 3. Additional shrubs planted adjacent to Quarterpath Road to enhance the streetscape with locations and plant material to be approved by the Zoning Administrator. 4. Landscape enhancements along York Street and Quarterpath Road being coordinated with the City s York Street Improvements project. 5. Additional analysis and potential mitigation measures for sanitary sewage flows to meet ordinance requirements. 6. The leasing office, community and laundry rooms being constructed in Phase 1 since that building is being renovated in Phase 1. Commission members discussion included the following points: The cost per student living in motels for attendance in the W-JCC Public Schools was explained by Ms. Murphy. The number of students living in motels in James City County is a lot fewer than in the City. The maximum number of days someone can live in a motel or hotel room is currently 90 days. Ms. Murphy clarified one of the examples given where staff recommended denial of rezoning acres of land at 401 and 411 York Street from B-2 to RM-2 to allow conversion of 56 motel units into 54 apartments. Planning Commission recommended approval by a vote of 4-3 and City Council approved the rezoning by a 5-0 vote. Chair Florakis opened the Public Hearing, inviting the applicant forward for comments. Holly Ortiz spoke on behalf of the applicant, Quarterpath Associates and Doug Pons. Ms. Ortiz noted that Mr. Pons has done due diligence to identify other options and finds there is none economically feasible. The adaptive reuse of the property proposed by Mr. Pons will continue to satisfy market demands for overnight lodging in the City and
4 Page 4 will also help to satisfy the rising need for affordable housing in the City; approximately 55% of the motel s square footage will continue to be used as a motel. In response to a question from the Commission, Ms. Ortiz said the connecting doors in the efficiency units will be removed. John Whitley, 110 Governor Berkeley Road, encouraged the Commission to consider what is being done to reach out to business owners to connect them with resources and institutions such as the College of William and Mary that may be able to help them redefine and revitalize their businesses. He noted that it seems to be the purpose of City Council s Goals Initiatives and Outcomes to purchase old properties, demolish the structures and sell the property. He asked that before the Commission makes a decision on this case, to consider whether they have functioned supportively, constructively and positively for the owners of the business and the well-being of our City; each holds equals status. Mr. Whitely added that issues of transitional housing and homelessness cannot be placed on the backs of our lodging facilities. It is the responsibility of regional cooperation and collaboration to address not just the issue of housing, but also all the factors precluding citizens from having a quality of life. Deb Snyder, 237 Quarterpath Road, Village at Quarterpath, noted that she submitted a letter to the Planning Department as well as addressing the issue today in person. She said that while she agrees with the Planning Department staff s recommendation to deny the request, she is very torn about the proposal and she and some of her neighbors have a number of questions they would like to be considered prior to the Commission making a decision. If the Commission approves the request, they would like the project to be accomplished in a very measured manner. To name but a few, Ms. Snyder and her neighbors suggested consideration of questions such as how many people can legally occupy an efficiency apartment; how many people would actually be living on the site and how would the limit be enforced; how would the apartments be managed motel management and apartment complex management could be very different; will there be an on-site property manager; and how will the leases be structured will the 90-day leases be available. John Fresca, 214 Lewis Burwell Place, Village at Quarterpath, is president of the Homeowners Association for the Village at Quarterpath. Mr. Fresca said his neighbors have expressed concern about the redevelopment of the property on several levels. One is the increase in traffic and traffic safety -- a stop light is needed at the corner and a crossing path. He said that although the owner keeps the property impeccably neat, he s not sure the style of the buildings lends itself to the City of Williamsburg. Mr. Fresca suggested exploration of the option to redevelop the property into affordable housing for sale such as multi-unit condominiums or townhouses. A.J. Patel, 216 Parkway Drive, The Econo Lodge, spoke in support of the application saying that he wants people to be aware that there is a large demand for the homeless looking for shelter at night. He asked that the Commission and City Council be flexible
5 Page 5 to allow property owners to redevelop their own property as they like within the City s guidelines. Billy Scruggs, 119 Woodmere Court, spoke in support of the proposal saying that he sees it as an opportunity to provide workforce housing which he views differently from subsidized housing or affordable housing, both of which have been mentioned today in public comments. He noted the great amount of workforce housing that was lost when the Roses Trailer Park property was redeveloped. There are now few affordable places for these hard-working members of our community to live locally. Mr. Scruggs said that as a citizen and restaurant owner, he is also concerned with the aging lodging properties in Williamsburg and cares about how they look and the future of the properties. He suggested that it is up to the property owner to determine what the highest and best use of their property is. Mr. Scruggs concluded his comments by saying he is a little stymied by staff s recommendation for deny of the proposal because it is not supported by the policies and recommendations set forth in the 2013 Comprehensive Plan for the City s commercial corridors as he reads the Plan, it is supported and a valid use of the property. Debbie Keene, 718 Jamestown Road, spoke in support of the long-term, second generation resident who is the owner of the property and his proposal to make reuse of the property that is no longer a main thoroughfare for tourist traffic. Ms. Keene said she was speaking today because she is disturbed by the constant lack of support for small business residents of this town who give more to this community than any big business owner, yet it s always a battle. She asked that the Commission look at the positives to this proposal rather than the negatives. Susan Branch Smith, said she is a neighbor and long-time friend of the applicant, Doug Pons, and there is nothing more important than helping a long-term citizen who gives back to the community. Ms. Smith spoke in support of the project reiterating reasons for the support as stated by previous speakers. Ms. Smith also addressed the issue of the City apparently competing in the commercial real estate market, buying up properties and selling them. She questioned the ethicality of how the City can both delve into commercial property dealings and also judge those who want to manage their own commercial properties under similar situations. Shannon Wolozynowski, director of pastoral care at St. Bede s Catholic Church, director of the St. Bede Outreach Center and the chair of the Greater Williamsburg Outreach Mission (GWOM) Board, spoke on behalf of the Outreach Center and GWOM in support of the proposal for affordable workforce housing. There being no other comments, the Public Hearing was closed.
6 Page 6 Commission discussion included the following comments: A property owner should be allowed to do with his property as he wants within reason and City guidelines. What would be the harm in granting approval for the proposal? What reason is there for denying it? When reviewing this application for a special use permit, Mr. Quarles said he does not see any reason for not approving it; it meets the criteria for granting a special use permit. The proposal should not be denied because there is a possibility that other comparable properties might ask to do the same thing. Each property is different and each request must be reviewed on its own merits. Mr. Quarles added that trying to avoid paying for school children because they live in apartments rather than motels is not a reason to deny the proposal. Mr. Quarles said he supports the proposal and thinks the conditions proposed by staff are not needed and are getting ahead of things. Ms. McBeth agreed with Mr. Quarles and said that the issue of paying for school children is not a consideration for her. The details need to be thought through carefully, but it s true that the actual use of the existing buildings will not change and with the special use permit the City would have more control over occupancy limits and other details. Her initial response to the proposal was that it would be good and would work and even with all the issues that have been raised, she continues to go back to that position of support; the issues can be worked out. Ms. Stafford stated that she lives in a part of the City where a similar proposal is likely in the future and is worried about the details. Mr. Shawler expressed that this opportunity for people in our community who are currently homeless is important to him. Another of the points made by previous speakers that is important to him is the opportunity for property owners to use their property in the way they see best within the rules and regulations. Mr. Klee said that in the year he has served on the Commission the comments today have been some of the most useful he has heard. He added that it was by no means obvious what the decision should be and the comments today have helped him clarify the issues. He added that staff comments should be taken very seriously, and without a very good reason, they should not be rejected; the Commission needs to proceed carefully when it disagrees with staff s position. Mr. Klee said we need to be strategic when thinking about things like workforce housing and low-income housing across the three counties. However, there is a huge surplus of motel rooms in our area as well as a need for workforce housing and these two seem to be coming together. He added that he thinks in this instance we need to disagree with the staff recommendation, but we need to be mindful of comments and concerns of residents as well as the fact that we would be removing some potentially revenue-generating property from commercial circulation. Mr. Connolly expressed his support for the proposal noting the National Citizen Survey that quoted 36% of the people in our community felt we need more affordable housing; this is something we really need to pay attention to and this proposal is a good adaptive reuse of a property that addresses that issue.
7 Page 7 Mr. Florakis said that preserving the City s commercial property is paramount for him, it is the revenue generator. This proposal still preserves that commercial property, is allowed under a special use permit, and he is confident that once things are put into place such as the northeast triangle and other efforts by Council and staff to increase traffic in these areas, eventually this property will be redeveloped. Rather than living in a motel room, this gives our working citizens a place to live that is designed for such a use while they transition into more appropriate accommodations. Chair Florakis asked the applicant to respond to some of Ms. Snyder s questions, and Ms. Ortiz did so, but only had general answers at this time to some of the details. Applicant Pons came forward and responded to questions about the number of people who would occupy the units. In the one bedroom and efficiencies there would be no more than three people and in the two-bedroom apartments, there could be the parents and two children sharing the space. Ms. Stafford said concerns about the amassing of people might be allayed if there is some kind of an explicit cap on the number of people allowed. Mr. Pons said he would be willing to proffer that there would be no more than three people in the one bedroom and efficiencies and no more than five people in the two-bedroom units. Mr. Nester clarified that proffers can be made only in a rezoning case, but that the Commission could recommend conditions for the granting of the special use permit. Commissioners reviewed the conditions proposed by staff making some amendments based on this being a short-term solution ideally serving as a bridge between the current situation and a revitalized market in Williamsburg that would enable a full-scale redevelopment of this property if this turns out not to be the best, long-term use. Mr. Connolly moved that the Planning Commission recommend to City Council that a special use permit be approved with the following conditions: 1. All building code requirements to be met. 2. All plumbing fixtures and kitchens to be removed from the hotel rooms that are proposed for storage. 3. Additional shrubs planted adjacent to Quarterpath Road to enhance the streetscape with locations and plant material to be approved by the Zoning Administrator. 4. Landscape enhancements along York Street and Quarterpath Road being coordinated with the City s York Street Improvements project. 5. Additional analysis and potential mitigation measures for sanitary sewage flows to meet ordinance requirements. 6. The leasing office, community and laundry rooms being constructed in Phase 1 since that building is being renovated in Phase Occupancy of the efficiency and one-bedroom apartments to be limited to three individuals and the occupancy of the two-bedroom apartments to be limited to five.
8 Page 8 Mr. Florakis seconded the motion which carried by roll call vote of 7-0. Recorded vote on the motion: Aye: Florakis, Connolly, Klee, McBeth, Quarles, Stafford, Shawler Nay: None Absent: None OPEN FORUM Chair Florakis opened the floor for comment on any topic. There being no comment, the Open Forum was closed. SITE PLANS AND SUBDIVISIONS Under Consent Agenda UNFINISHED BUSINESS -- None NEW BUSINESS -- None OTHER Revisions to the Beautification Advisory Committee Bylaws In response to Ms. McBeth s question, Mr. Nester explained that revisions to the Beautification Advisory Committee bylaws, based on City Council s recent action, will be presented to the Commission in December with the effective date of January 1, Comprehensive Plan and B-2 Adjustments Mr. Florakis asked about the Commission revisiting the Comprehensive Plan and B-2 for possible adjustments. He suggested the Commission address this issue after Council s retreat in January when there may be other items they would like the Commission to discuss which could be done at a work session. Mr. Nester was asked to schedule the work session. INFORMATION ITEMS City Council Report Planning Department Monthly Report Monthly Financial Statement PUBLIC HEARINGS SCHEDULED FOR DECEMBER 17, None ADJOURNMENT There being no additional business before the Planning Commission, at 5:15 p.m. Chair Florakis adjourned the meeting. Demetrios Florakis, Chair Williamsburg Planning Commission
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