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Home My WebLink About02-18 BOS Staff Report REZONING APPLICATION #02-18 ST. PAUL’S ON THE HILL 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. Paul’s on the Hill 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’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. Rezoning #02-18 St. Paul’s on the Hill 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 Commission’s concerns regarding the Comprehensive Plan 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’s 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.