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HomeMy WebLinkAbout02-18 PC Staff ReportREZONING APPLICATION #02-18 ST. PAUL’S ON THE HILL Staff Report for the Planning Commission Prepared: August 2, 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 Pending 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 08/15/18 PLANNING COMMISSION 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. A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning #02-18 St. Paul’s on the Hill August 2, 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’s Zoning Ordinance. 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. A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission.