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020-18 (RezoningStPaulsOnTheHill) REZONING APPLICATION #02-18 Staff Report for the Board of Supervisors Prepared: August 30, 2018 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director 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: 08/15/18 Public Hearing Held; Recommend Approval Board of Supervisors: 09/12/18 Pending PROPOSAL: To rezone 4.971+/- acres from the RP (Residential Performance) District to the RP (Residential Performance) District with proffers to restrict the use of the subject property to a church and housing for older persons. LOCATION: The subject property is located at 1527 Senseny Road in the Red Bud Magisterial District. PROPERTY ID NUMBER: 54-A-128 PROPERTY ZONING AND USE : RP (Residential Performance) District; Institutional. ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) District Use: Residential South: RP (Residential Performance) District Use: Residential East: RP (Residential Performance) District Use: Residential B1 (Neighborhood Business) District Vacant West: RP (Residential Performance) District Use: School EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/12/18 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 4.971+/- acres of land to the RP (Residential Performance) District with Proffers to restrict the use of the subject property to a church and housing for older persons. The site is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The Property is currently designated in the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan for institutional land use with environmental resources. While the current land use plan designation is inconsistent with the current RP Zoning, the Applicant is seeking an amendment to the Comprehensive Plan to designate this property as Urban Center. The Comprehensive Plan Amendment is being processed concurrent with this proposed rezoning. The Planning Commission recommended approval of this rezoning at their meeting on August 15, 2018. Following the required public hearing, a decision regarding this rezoning 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 #02-18 St August 30, 2018 Page 2 REVIEW EVALUATIONS: Frederick Water: Please see memo from Eric Lawrence AICP, Executive Director dated April 5, 2018 (Comprehensive Plan Amendment Comment). Planning & Zoning: 1)Site History The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the five parcels which comprise the proposed rezoning as R2 (Residential Limited) District. On February 14, 1990, the R2 District zoning classification was modified to RP (Residential Performance), during the comprehensive amendment to the County 2)Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this Plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The Property is currently designated in the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan for institutional land use with environmental resources. While the current land use plan designation is inconsistent with the current RP Zoning, the Applicant is seeking an amendment to the Comprehensive Plan to designate this property as Urban Center. The Comprehensive Plan Amendment is being processed concurrent with this proposed rezoning. 4) Proffer Statement Dated August 8, 2018: 1.Development and use of the property: 1.1. Development on the Property shall be limited to a Church, and to Housing for Older Persons as that term is defined in 42 USC § 3607(b)(2) and regulations issued thereunder, and any applicable state law or local ordinance; and provided further that as to 100% of the housing units, each unit shall be rented or sold such that at least one resident in each unit is a person at least age 55 or over. Rezoning #02-18 St August 30, 2018 Page 3 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 08/15/18 MEETING: Staff provided an overview of the requested rezoning; Staff noted that while the current designation is inconsistent with the land use plan, the Applicant is also seeking a Comprehensive Plan Amendment to change the designation from institutional to urban center. Ms. Perkins explained, with this rezoning the Applicant has proffered: Development on the Property shall be limited to a Church, and to Housing for Older Persons as that term is defined in 42 USC § 3607(b)(2) and regulations issued thereunder, and any applicable state law or local ordinance; and provided further that as to 100% of the housing units, each unit shall be rented or sold such that at least one resident in each unit is a person at least age 55 or over. Staff concluded, the agenda item following this rezoning addresses the request to change the designation from institutional to urban center; this rezoning request seeks to address the Planning Amendment request, specifically the limitation of the property to older person residential units. Mr. Evan Wyatt, of Greenway Engineering, representing the Applicant reported, at the last Planning Commission meeting the concern was heard to try and control the land use through a private covenant; the response to that is a proffer being presented that accomplishes that. Commission Member Oates commented he is supportive of this request and it now becomes a clean project. A motion was made, seconded, and unanimously passed to recommend approval of REZ #02-18 St. Paul on the Hill. (Note: Commissioner Molden and Commissioner Thomas were absent from the meeting.) EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/12/18 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 4.971+/- acres of land to the RP (Residential Performance) District with Proffers to restrict the use of the subject property to a church and housing for older persons. The site is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The Property is currently designated in the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan for institutional land use with environmental resources. While the current land use plan designation is inconsistent with the current RP Zoning, the Applicant is seeking an amendment to the Comprehensive Plan to designate this property as Urban Center. The Comprehensive Plan Amendment is being processed concurrent with this proposed rezoning. The Planning Commission recommended approval of this rezoning at their meeting on August 15, 2018. Following the required public hearing, a decision regarding this rezoning 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. 194 125 REZ # 02 - 18: St. Paul's on the Hill VILLAGE CT WILLIAMSON RD 209 210222 192 PIN: 54 - A - 128 MEADE DR MEADE DRMASSIE DR VILLAGE CT 123 Rezoning from RP to RP with Proffers 190 WILLIAMSON RD VILLAGE CT 212 Zoning Map MEADE DR 211 MEADE DR 121 WILLIAMSON RD 188 116 VILLAGE CT WILLIAMSON RD 119 WILLIAMSON RD 186 VILLAGE CT 90 117 ABBEY WILLIAMSON RD RD 89 ABBEY RD 115 WILLIAMSON RD 1481 SENSENY RD 113 WILLIAMSON RD REZ #02-18 109 WILLIAMSON RD 301 KASSIE LN 54 A 128 107 WILLIAMSON RD 101 WILLIAMSON PL 100 WILLIAMSON PL 1508 SENSENY RD 1597 1488 SENSENY RD SENSENY RD 1611 SENSENY RD 1518 1538 SENSENY RD 1562 SENSENY RD 1532 SENSENY RD SENSENY RD 1548 SENSENY RD 105 1570 BOUNDARY SENSENY RD AVE 1582 1592 SENSENY RD SENSENY RD 1604 SENSENY RD 1542 104 109 SENSENY RD 1614 UNDERWOOD LN BOUNDARY SENSENY RD µ Application Parcels B1 (Neighborhood Business District) RP (Residential Performance District) Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 095190380Feet Map Created: July 23, 2018 194 125 REZ # 02 - 18: St. Paul's on the Hill VILLAGE CT WILLIAMSON RD 209 210222 192 PIN: 54 - A - 128 MEADE DR MEADE DRMASSIE DR VILLAGE CT 123 Rezoning from RP to RP with Proffers 190 WILLIAMSON RD VILLAGE CT 212 Location Map MEADE DR 211 MEADE DR 121 WILLIAMSON RD 188 116 VILLAGE CT WILLIAMSON RD 119 WILLIAMSON RD 186 VILLAGE CT 90 117 ABBEY WILLIAMSON RD RD 89 ABBEY RD 115 WILLIAMSON RD 1481 SENSENY RD 113 WILLIAMSON RD REZ #02-18 109 WILLIAMSON RD 301 KASSIE LN 54 A 128 107 WILLIAMSON RD 101 WILLIAMSON PL 100 WILLIAMSON PL 1508 SENSENY RD 1597 1488 SENSENY RD SENSENY RD 1611 SENSENY RD 1518 1538 SENSENY RD 1562 SENSENY RD 1532 SENSENY RD SENSENY RD 1548 SENSENY RD 105 1570 BOUNDARY SENSENY RD AVE 1582 1592 SENSENY RD SENSENY RD 1604 SENSENY RD 1542 104 109 SENSENY RD 1614 UNDERWOOD LN BOUNDARY SENSENY RD µ Application Parcels Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 095190380Feet Map Created: July 23, 2018 111193101 207 MEADE DR VILLAGE CT 196 CARTER PLCREST CIR 191 REZ # 02 - 18: St. Paul's on the Hill MEADE DR 206 VILLAGE CT VILLAGE CT MEADE DR 194 189 VILLAGE CT PIN: 54 - A - 128 125 VILLAGE CT WILLIAMSON RD Rezoning from RP to RP with Proffers 192 209 VILLAGE CT 210 Long Range Land Use Map MEADE DR 187 222 MEADE DR VILLAGE CT MASSIE DR 123 190 WILLIAMSON RD 212 VILLAGE CT MEADE DR211 MEADE DR 188 VILLAGE CT 121 186 WILLIAMSON RD VILLAGE CT 116 WILLIAMSON RD 94 119 ABBEY WILLIAMSON RD 92 RD ABBEY RD 90 117 ABBEY WILLIAMSON RD RD 95 89 ABBEY115 ABBEY RD WILLIAMSON RD RD 1481 113 SENSENY RD 93 91 WILLIAMSON RD ABBEY ABBEY RD RD REZ #02-18 109 WILLIAMSON RD 1455 54 A 128 SENSENY RD 301 KASSIE LN 107 WILLIAMSON RD Application Parcels Long Range Land Use Residential 101 Neighborhood Village WILLIAMSON PL 101 Urban Center CRESTLEIGH DR Mobile Home Community Business 100 WILLIAMSON PL Highway Commercial 1488 Mixed-Use 1508 SENSENY RD Mixed Use Commercial/Office 105 SENSENY RD CRESTLEIGH DR Mixed Use Industrial/Office 1597 SENSENY RD Industrial 107 1611 CRESTLEIGH DR Warehouse 1538 SENSENY RD SENSENY RD Heavy Industrial 109 CRESTLEIGH DR 1518 Extractive Mining 1562 SENSENY RD 105SENSENY RD Commercial Rec 1532 BOUNDARY SENSENY RD 1570 Rural Community Center AVE SENSENY RD 111 1548 Fire & Rescue CRESTLEIGH DR SENSENY RD Sensitive Natural Areas Institutional 1582 SENSENY RD 1041614 Planned Unit Development 1592 113 UNDERWOOD LNSENSENY RD 1542 SENSENY RD Park CRESTLEIGH DR 109 SENSENY RD BOUNDARY Recreation 1604 AVE108 SENSENY RD School UNDERWOOD LN 115 114 113 Employment CRESTLEIGH DR 106 112 UNDERWOOD LN BOUNDARY UNDERWOOD LN CRESTLEIGH DR Airport Support Area µ B2 / B3 Residential, 4 u/a High-Density Residential, 6 u/a High-Density Residential, 12-16 u/a Rural Area Interstate Buffer Frederick County Planning & Development Landfill Support Area 107 N Kent St Natural Resources & Recreation Winchester, VA 22601 540 - 665 - 5651 Environmental & Recreational Resources 0115230460Feet Map Created: July 23, 2018 ST. PAUL'S ON THE HILL C.P.P.A. AERIAL OVERVIEW EXHIBIT ST. PAUL'S ON THE HILL COMPREHENSIVE POLICY PLAN AMENDMENT ADJOINING LAND USE RED BUD MAGISTERIAL DISTRICT AERIAL OVERVIEW EXHIBIT FREDERICK COUNTY, VIRGINIA ADJOINING LAND USE DESIGNED BY: DWE DATE: 2018-03-01PROJECT ID: 6387W 1 Inch = 100 Feet SCALE: