005-15 (AbramsChaseProfferAmendment)
REZONING APPLICATION #04-15
(PROFFER AMENDMENT)
Staff Report for the Board of Supervisors
Prepared: June 18, 2015
Staff Contact: Michael T. Ruddy, AICP, Deputy Director
Reviewed Action
Planning Commission:
05/20/15 Recommended Approval
Board of Supervisors:
07/08/15 Pending
Minor Proffer Amendment
No Public Hearing Required
PROPOSAL:
To revise proffers associated with Rezoning #11-06. This revision relates to the
residential land use sections of the proffers. The Applicant is changing this residential project to an
Age-Restricted residential project.
LOCATION:
The properties are located on the north side of Senseny Road (Route 657); approximately
Road.
PLANNING COMMISSION RECOMMENDATION AND EXECUTIVE SUMMARY FOR THE
07/08/15 BOARD OF SUPERVISORS MEETING:
The Planning Commission recommended approval of this rezoning proffer amendment request,
an application to modify the proffers associated with Rezoning #11-06.
This request to amend the proffer statement to restrict the residential uses to age-restricted residential
uses remains consistent with the 2030 Comprehensive Plan. In addition, the modification to the proffer
statement to reduce the monetary contribution to offset the impact development is accurate and in the
(DIM). This request is a minor proffer revision, and does not require a public hearing.
There are no anticipated issues with changing this residential project to an Age-Restricted residential
project. Planning Commission members did not express any concerns with this request.
Following the public meeting for this item, a decision regarding this rezoning proffer
amendment application by the Board of Supervisors would be appropriate. The applicant should
be prepared to adequately address all concerns raised by the Board of Supervisors.
Rezoning #04-15
June 18, 2015
Page 2
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission:
05/20/15 Recommended Approval
Board of Supervisors:
07/08/15 Pending
Minor Proffer Amendment
No Public Hearing Required
PROPOSAL:
To revise proffers associated with Rezoning #11-06. This revision relates to the
residential land use sections of the proffers. The Applicant is changing this residential project to an
Age-Restricted residential project.
LOCATION:
The properties are located on the north side of Senseny Road (Route 657); approximately
MAGISTERIAL DISTRICT:
Red Bud
PROPERTY ID NUMBERS:
65-A-27A, 65-A-28A
PROPERTY ZONING:
RP (Residential Performance) District
PRESENT USE:
Residential and Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RP (Residential Performance) Use: Lynnehaven Subdivision Open Space
South: RA (Rural Areas) Use: Agricultural
East: RP (Residential Performance) Use: Parkwood Manor Subdivision
West: RA (Rural Areas) Use: Residential
REVIEW EVALUATIONS:
Rezoning #04-15
June 18, 2015
Page 3
Fire Marshall:
Plans approved.
Frederick County Fire and Rescue:
Plans approved.
Frederick County Parks & Recreation:
Parks and Recreation will need to see an open space break
out to determine if open space requirements are being met.
County Attorney:
Please see attached e-mail from Rod Williams, County Attorney to Evan Wyatt
dated April 21, 2015.
Planning & Zoning:
1)Site History
This property was rezoned on January 10, 2007 subject to rezoning RZ #11-06. At this time, the
Applicant rezoned 3.25 acres from RA (Rural Areas) District to RP (Residential Performance)
District with proffers, to accommodate 13 single family detached residential units on small lots.
The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the
parcel as being zoned A--1 and A-2 Agricultural Zoning
Districts were combined to form the RA (Rural Areas) District upon adoption of an amendment
to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the
zoning map resulted in the re-mapping of the subject property and all other A-1 and A-2 zoned
land to the RA (Rural Areas) District. Parcels 65-A-27A and 65-A-28A maintain this RA
zoning classification.
2)Comprehensive Policy Plan
Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban
Development Area defines the general area in which more intensive forms of residential
development will occur. In addition, the Senseny/Eastern Frederick Urban Area Plan Map
identifies this general area with future residential land uses.
Transportation
Senseny Road is identified as an improved major collector road and has been addressed
accordingly. In addition, Senseny Road is recognized in the Frederick County Bicycle Plan with
a short-term designation for bicycle accommodations. Access to the site would be via a new
public street that would be stubbed out at the western property line as indicated on the
trail is also being constructed
along the frontage of the property.
This rezoning/proffer amendment remains consistent with the 2030 Comprehensive Plan.
Rezoning #04-15
June 18, 2015
Page 4
3) Proffer Statement
Proffer B, Residential Land Use, has been modified with this proffer amendment to add the
qualification that the residential dwelling units will be age-restricted.
As a result of this change, the Applicant has also modified the Monetary Contribution to offset
the Impact of Development accordingly by eliminating the contribution to Schools. Proffer D
now states that the Applicant will pay to the Treasurer of Frederick County $2,835.00 for each
residential lot platted.
STAFF CONCLUSIONS FOR THE 05/20/15 PLANNING COMMISSION MEETING:
This request to amend the proffer statement to restrict the residential uses to age-restricted residential
uses remains consistent with the 2030 Comprehensive Plan. In addition, the modification to the proffer
statement to reduce the monetary contribution to offset the impact development is accurate and in the
appropriate form. The amounts proffered are consis
(DIM).
There are no anticipated issues with changing this residential project to an Age-Restricted residential
project.
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 5/20/15 MEETING:
Staff reported this property was rezoned on January 10, 2007, at this time the Applicant rezoned 3.25
acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, to
accommodate 13 single family units. Staff noted this revision relates to the residential land use sections
of the proffer. The Applicant is changing this residential project to an Age-Restricted residential project
with the same number of units. Staff explained with this change the Applicant has modified the
monetary contribution to offset the Impact of Development by eliminating the contribution to schools.
The proffer now states the Applicant will pay to the Treasurer of Frederick County $2,835 for each
residential lot.
Representation for the Applicant was available for questions from the Planning Commission. There
were no questions at that time. The Public Comment portion of the meeting was opened; no one came
forward to speak.
A motion was made, seconded and unanimously passed to recommend approval of REZ #04-15
Abra
Absent: Ambrogi, Thomas, Oates, Crockett
Following the public meeting for this item, a decision regarding this rezoning proffer
amendment application by the Board of Supervisors would be appropriate. The applicant should
be prepared to adequately address all concerns raised by the Board of Supervisors.
FARMINGTON
103
REZ # 04 - 15
119
BLVD
SESAR CT
SESAR CT
117
105
115
SESAR CT
113
Abram's Chase SESAR CT
SESAR CT
SESAR CT
107
111
SESAR CT
PINs:
109
SESAR CT
SESAR CT
65 - A - 27A, 65 - A - 28A
Proffer Revision
2123
SENSENY RD
2135
SENSENY RD
REZ 04-15
2147
SENSENY RD
123
PARKWOOD
65 A 27A
CIR
120
PARKWOOD
CIR
2159
SENSENY RD
116
PARKWOOD
CIR
REZ 04-15
112
2044
PARKWOOD
109
SENSENY RD
CIR
PARKWOOD
CIR
108
PARKWOOD
105
CIR
PARKWOOD
CIR
2171
SENSENY RD
104
PARKWOOD
CIR
101
PARKWOOD
CIR
ST
100
657
PARKWOOD
CIR
2239
SENSENY RD
2251
SENSENY RD
Applications
Parcels
2119
Building Footprints
SENSENY RD
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
2236
SENSENY RD
EM (Extractive Manufacturing District)
100
HE (Higher Education District)
SUNSET DR
M1 (Industrial, Light District)
Note:
M2 (Industrial, General District)
REZ # 04 - 15
Frederick County Dept of
MH1 (Mobile Home Community District)
Planning & Development
Abram's Chase
I
MS (Medical Support District)
107 N Kent St
PINs:
Suite 202
OM (Office - Manufacturing Park)
65 - A - 27A, 65 - A - 28A
Winchester, VA 22601
R4 (Residential Planned Community District)
Proffer Revision
540 - 665 - 5651
R5 (Residential Recreational Community District)
Map Created: April 27, 2015
RA (Rural Area District)
Staff: mruddy
RP (Residential Performance District)
075150300Feet
FARMINGTON
103
REZ # 04 - 15
119
BLVD
SESAR CT
SESAR CT
117
105
115
SESAR CT
113
Abram's Chase SESAR CT
SESAR CT
SESAR CT
107
111
SESAR CT
PINs:
109
SESAR CT
SESAR CT
65 - A - 27A, 65 - A - 28A
Proffer Revision
2123
SENSENY RD
2135
SENSENY RD
REZ 04-15
2147
SENSENY RD
123
PARKWOOD
65 A 27A
CIR
120
PARKWOOD
CIR
2159
SENSENY RD
116
PARKWOOD
CIR
REZ 04-15
112
2044
PARKWOOD
109
SENSENY RD
CIR
PARKWOOD
CIR
108
PARKWOOD
105
CIR
PARKWOOD
CIR
2171
SENSENY RD
104
PARKWOOD
CIR
101
PARKWOOD
CIR
ST
100
657
PARKWOOD
CIR
2239
SENSENY RD
2251
SENSENY RD
2119
SENSENY RD
2236
SENSENY RD
100
SUNSET DR
Note:
REZ # 04 - 15
Frederick County Dept of
Planning & Development
Abram's Chase
I
107 N Kent St
PINs:
Suite 202
65 - A - 27A, 65 - A - 28A
Winchester, VA 22601
Proffer Revision
540 - 665 - 5651
Applications
Map Created: April 27, 2015
Parcels
Staff: mruddy
Building Footprints
075150300Feet