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010-24 (RezSilverLake(RoundHillCrossing)MinorProfferAmendmnt) ORDINANCE .l "1 Action: PLANNING COMMISSION: July 3, 2024 Recommended Approval BOARD OF SUPERVISORS: July 10, 2024 Adopted AMENDING THE ZONING DISTRICT MAP REZONING #05-24 FOR SILVER LAKE, LLC (ROUND HILL CROSSING) WHEREAS, REZONING #05-24 for Silver Lake, LLC (Round Hill Crossing) was submitted to rezone+/- 224.1-acres of the MS (Medical Services) District and B2 (General Business) District with proffers to the MS (Medical Services) District and B2 (General Business) District with modified proffers. The proposed proffer amendment includes changes to transportation proffers related to the interchange area of US Route 50 and Route 37. The amendment allows the applicant to pay the equivalent cash value of the proffered improvements in lieu of construction. The properties are generally located north of US Route 50 West on the corner of Lutheran Boulevard and Northwestern Pike (US Route 50) and are identified by Property Identification Numbers (PIN) 52-A-C, 52-A-50, 52-A-50A, 52-A-52 and 52-A-63 in the Gainesboro Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public nneeting on this rezoning on July 3, 2024, and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public meeting on July 10, 2024; and WHEREAS, the Frederick County Board of Supervisors fiends the approval of this rezoning to be in the best interest of the public health, safety, and welfare, and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, the Zoning District Map is amended in accordance with Rezoning #05-24 Silver Lake, LLC (Round Hill Crossing) to rezone +/- 224.1- acres from the MS (Medical Services) District and B2 (General Business) District with proffers to the MS (Medical Services) District and B2 (General Business) District with modified proffers. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 10"', day of July 2024 by the following recorded vote: Res. No. 010-24 Josh Ludwig, Chairman Aye John Jewell Aye Heather H. Lockridge Aye Robert W. Wells Aye Blaine P. Dunn Aye Robert Liero Aye Judith McCann-Slaughter Aye A COPY ATTEST Michael L. Bollhoefer Frederick County A lnistrator Res. No. 010-24 CO REZONING APPLICATION #05-24 SILVER LAKE, LLC (ROUND HILL CROSSING) w Staff Report for the Board of Supervisors Prepared: July 5, 2024 Staff Contacts: John A. Bishop, AICP, Assistant Planning Director SKCW� ]738 Reviewed Action Planning Commission 07/03/24 Recommended Approval Board of Supervisors: 07/10/24 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/10/24 BOARD OF SUPERVISORS MEETING: This is a request fora minor amendment to the approved proffer statement associated with rezoning(REZ) application 901-09 (Silver Lake)to provide fora monetary contribution to Frederick County in lieu of the design and construction of Phase 1 and Phase 2 improvements tothe U.S.Route 50 and Virginia Route 37 interchange. This amendment has been coordinated with County and VDOT staff in support of the County's SmartScale application for interchange upgrades at the Route 37/US 50 Interchange. 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 905-24 Silver Lake, LLC (Round Hill Crossing) July 5, 2024 Page 2 This report has been prepared by the Frederick County Planning Staff to provide information to the Board of Supervisors to assist them in makinz a decision on this application. It may also be useful to others interested in this zonin,-matter. Unresolved issues concernin,-this application are noted by staff where relevant throughout this staff report PROPOSAL: This is a request to update proffers from rezoning 901-09 (Silver Lake) to provide the ability to give cash proffers in place of specific physical improvements to the Route 37/US 50 interchange. LOCATION: The subject properties are generally located north of US Route 50 West on the corner of Lutheran Boulevard and Northwestern Pike (US Route 50). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 52-A-C, 52-A-50, 52-A-50A, 52-A-52 and 52-A-63 PROPERTY ZONING: MS (Medical Services) District and B2 (General Business) District PRESENT USE: Vacant and Continuing Care Retirement Community ADJOINING PROPERTY ZONING &PRESENT USE: North: RA Use: Agri cultural/Vacant South: RA Use: Residential/Vacant/Church East: B2/RA Use: Vacant/Agricultural West: RA/B2 Use: Residential/Commercial REVIEW EVALUATIONS: Planning & Zoning: 1) Site History The property was included in the 2006 update to the Round Hill Land Use Plan which expanded the Sewer and Water Service Area to include these and other properties and provided foran improved land use plan for the Round Hill Community. This was approved by the Board of Supervisors in November 2007. The property was rezoned to a mix of B2 and MS Zoning Districts with Rezoning #01-09. 2) Comprehensive Plan Land Use Compatibility The 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 Plan is developed with the input of the public and adopted by the Board of Supervisors (last updated inNovember 2021). The Plan is a vital tool thatprovides direction forfutme growth, aimed at ensuring orderly, well-planned development to promote, preserve and protect the health, safety, general welfare, and quality of life for the citizens and businesses of Frederick County. The Area Plans in Appendix I of the Comprehensive Plan are the primary implementation tools and are instrumental to the future planning efforts of the County. Rezoning 905-24 Silver Lake, LLC (Round Hill Crossing) July 5, 2024 Page 3 The Plan and Round Hill Area Plan (approved 2007)identifies the subject property with a"business" land use designation, reflective of the current zoning (B2) and as being within the limits of the Sewer and Water Service Area(SWSA) and outside of the Urban Development Area (UDA). 3) Site Access and Transportation No changes are being made to the proposed site access. The update to the transportation proffers is to allow cash proffers instead of physical improvements in support of a funding application for upgrades to the interchange at Route 37 and US 50. 4)Potential Impacts &Proffers No new impacts are projected at this time as this is a modification of an existing proffer package. Other Review Auncy Comments: Review Agency Comment Issuance Date Status Virginia Department of May 9, 2024 addressed Transportation VDO PLANNING COMMISSION SUMMARY AND ACTION FROM THE 07/03/24 MEETING: The Planning Commission asked clarifying questions regarding the potential amounts of the cash contribution if the applicant should need to use that new portion of the proffers. Staff clarified that the new proffers included language that engineering estimates would be created at the time the proffers become payable and that such estimates would need to be agreeable to VDOT, the County, and the Applicant. The Planning Commission then unanimously voted to recommend approval of the rezoning. A decision regarding this rezoning application by the Board ofSupervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors.