HomeMy WebLinkAbout02-21 PC Staff ReportREZONING APPLICATION #02-21
Greystone Properties & White Properties
Staff Report for the Planning Commission
Prepared: May 20, 2021
Staff Contacts: Candice E. Perkins, AICP, CZA, Assistant Director
John A. Bishop, AICP, Assistant Director - Transportation
Reviewed Action
Planning Commission: 06/02/21 Pending
Board of Supervisors: 07/14/21 Pending
PROPOSAL: To rezone 119.27 acres of land zoned R4 (Residential Planned Community) District with
proffers to the RP (Residential Performance) District with proffers to develop an age restricted
community, and 238.37 acres zoned R4 (Residential Planned Community) District with proffers to the
RA (Rural Areas) District with proffers, for a total of 357.64 acres.
LOCATION: The subject properties are located east of Route 37 and Merriman’s Lane (Route 621),
north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, in the Gainesboro
Magisterial District.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/02/21 PLANNING
COMMISSION MEETING:
The subject properties are part of the original Willow Run development which was approved in 2007
revised in 2009 and 2012. Rezoning #21-06 was approved for up to 1,390 residential units and 32.4
acres for commercial uses. The Applicant proposes to develop the 119.27 acres with an age restricted
community.
The site is located within the limits of the Western Jubal Early Land Use Plan (WJELUP) of the 2035
Comprehensive Plan. The Plan identifies the site with commercial and residential land use designations
which is consistent with the current zoning. Furthermore, the Plan calls for the residential areas to
develop with single family detached and small lot units with a density of four units per acre. With this
proposed rezoning, the 119.27 acres requested to be rezoned from the R4 District to the RP District is
generally consistent with the Plan; however, the requested downzoning of the 238 acres to the RA
District is inconsistent with the Plan. Staff would note that the 238 acres has the potential to develop
with up to 47 by-right, five-acre, single family residential units, which does not conform with the
future vision for this area. It should be noted that the monetary proffer per unit proposed for the
residential units that could develop on the RA portion of the site does not adequately cover the
impact on County facilities as projected in the County’s Capital Impact Model (CapIM) – See Proffer
D.2.
The transportation network identified in the Comprehensive Plan calls for the extension of Jubal Early
Drive as an east/west through road and the construction of a new interchange at Route 37. In addition,
a public major collector road is planned to facilitate traffic movement in a north-south direction to
provide a connection between Jubal Early Drive and Cedar Creek Grade. Alternative modes of
transportation, such as pedestrian and bicycle facilities, and an interconnected system of multi-purpose
trails and sidewalks are also planned. The proffers that currently apply to the site provide for the
construction of these roadways and pedestrian accommodations. The current application proposes
to downzone a majority of the area where the future Jubal Early Drive right-of-way is located and
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provides for a right-of-way dedication with a 25-year expiration clause. The area where the
north/south connection was located is planned to become a private gated access for the age restricted
community – thereby eliminating this connection. There is also the potential, should the 238 acres
be developed with rural lots, that there would no longer be feasible option to construction the
north/south connection from Cedar Creek Grade to Jubal Early Drive would not be possible.
The revisions to the transportation and pedestrian networks proposed with this rezoning are
inconsistent with the Comprehensive Plan and the future vision for this area.
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.
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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: 06/02/21 Pending
Board of Supervisors: 07/14/21 Pending
PROPOSAL: To rezone 119.27 acres of land zoned R4 (Residential Planned Community) District with
proffers to the RP (Residential Performance) District with proffers to develop an age restricted
community, and 238.37 acres zoned R4 (Residential Planned Community) District with proffers to the
RA (Rural Areas) District with proffers, for a total of 357.64 acres.
LOCATION: The subject properties are located east of Route 37 and Merriman’s Lane (Route 621),
north of Cedar Creek Grade (Route 622), south and west of the City of Winchester.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBERS: 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A and 63-A-
2A
PROPERTY ZONING: R4 (Residential Planned Community) District
PRESENT USE: Agricultural and Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RP (Residential Performance) Use: Residential
City of Winchester Residential & open space
South: RA (Rural Areas) Use: Agricultural and residential
RP (Residential Performance) Residential
East: City of Winchester Use: Residential
West: RA (Rural Areas) Use: Residential and recreational
RP (Residential Performance) Residential
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REVIEW EVALUATIONS:
Virginia Dept. of Transportation: Please see letter from Bradley S. Riggleman, P.E., Area Land Use
Engineer dated January 15, 2021.
Frederick Water: Please refer to review comment #3 date April 7, 2021 from Eric Lawrence.
Approved as submitted.
Please see letter from Eric R. Lawrence, AICP, Executive Director dated April 7, 2021.
Frederick County Department of Public Works: We offer no additional comments at this time.
Frederick County Department of Inspections: Site plan comments shall be provided at site plan
submittal. No comments for Residential Rezoning.
Frederick County Fire Marshall: Plan approved.
Winchester Regional Airport: No comment.
County of Frederick Attorney: Please see email from Rod Williams, County Attorney, dated
December 1, 2020.
Frederick County Park & Recreation: Comment response dated 10-13-20 appears to resolve
previous Parks and Recreation comments.
Frederick County Public Schools: We have looked at the Greystone and White Rezoning. We note
that a reduction in RP zoning is proposed (rezoning to RA), as well as an age restriction on all of the
remaining RP. Because there are no impacts on the school system, we offer no comments.
City of Winchester: Please see email from Timothy Youmans, Planning Director, dated February 14,
2020.
Planning & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the
subject parcels as being zoned R-2 (Residential Limited). The subject parcels were re-mapped
from R-2 to A-2 (Agricultural General) pursuant to the County’s comprehensive downzoning
initiative (Zoning Amendment Petition #011-80), which was adopted on October 8, 1980. The
County’s agricultural zoning districts were subsequently 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 District.
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On February 28, 2007 the Board of Supervisors approved Rezoning Application #21-06 which
rezoned the properties from the RA (Rural Areas) District to the R4 (Residential Planned
Community) District with proffers; the application was revised in 2009 and 2012.
2) Comprehensive Plan Analysis
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 2035 Comprehensive Plan and the Western Jubal Early Land Use Plan (WJELUP) provide
guidance on the future development of the property. The property is located within the Sewer
and Water Service Area (SWSA) and the Urban Development Area (UDA). The 2035
Comprehensive Plan identifies this property with residential and commercial land use
designations; the Plan calls for single family detached and small lot units with a density of four
units per acre.
Comprehensive Plan - Land Use Conformance
While the area shown to be rezoned from R4 to RP is generally consistent with the Plan, the
proposed downzoning 238 acres to the RA District is inconsistent with the Plan. The current
zoning of the site provides for commercial and higher density residential land uses. The 238
acres has the potential to develop with up to 47 by-right single-family residential units, which
does not conform with the future vision for this area. It should be noted that the Applicant has
proffered to prohibit the use of the Transfer of Development Rights (TDR) Program for the RA
portion of the site.
Transportation
The WJELUP calls for the extension of Jubal Early Drive as an east/west through road and the
construction of a new interchange at Route 37 (The Commonwealth Transportation Board, on
January 18, 2007, approved the break in access on Route 37 to allow for the construction of
this new interchange). The extension of Jubal Early Drive through this site is envisioned to be
an urban four-lane divided highway with landscaped medians and pedestrian accommodations
such as sidewalks and bicycle facilities. In addition, a major collector road is planned to
facilitate traffic movement in a north-south direction to provide a connection between Jubal
Early Drive and Cedar Creek Grade. Alternative modes of transportation, such as pedestrian
and bicycle facilities, and an interconnected system of multi-purpose trails and sidewalks are
planned for Jubal Early Drive and the roadway providing the north-south connection.
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3) Transportation
The 2035 Comprehensive Plan and the WJELUP call for the extension of Jubal Early Drive as a
major collector roadway to Route 37 with an interchange with Route 37. In addition, the plans
call for a north/south major collector roadway through the site to connect Jubal Early Drive and
Cedar Creek Grade. The plans also call for the availability of bicycle and pedestrian facilities.
While the existing proffers associated with the 2012 rezoning provide these roadways, the
current proposal does not. The current proposal only provides for the right-of-way for Jubal
Early Drive for a limited time period (with construction by others) and converts the north/south
connection to a private roadway associated with the gated community.
4) Environmental
The FEMA National Flood Insurance Program (NFIP) map identifies floodplain areas
associated with Abrams Creek on the site. Wetland areas associated with Abrams Creek area
also identified on the site as demonstrated on the National Wetlands Inventory (NWI).
Karst features are known to exist on the property. The applicant has proffered to conduct a
geotechnical analysis on all residential properties platted within 100 feet of the pronounced
sinkhole area prior to the issuance of building permits of such lots.
5) Proffers
The proffers associated with this rezoning application are as follows, Staff has identified concerns
with the proffers that are shown in bold italic:
Proffer Statement – Dated October 16, 2019 with revision date March 25, 2021:
A) Land Use
1. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning
proffer to develop a maximum of 300 age-restricted dwelling units on their Properties which
shall be limited to single-family small lot units.
2. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning
proffer that 100% of the dwelling units will be rented or sold such that at least one resident in
each unit is a person at least age 55 or older.
3. The Owners of the 238.37± acres proposed for RA, Rural Areas zoning proffer that the use of
Transfer of Development Rights (TDR) will be prohibited for this acreage.
B) Transportation
1. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning
proffer to develop the age-restricted community as a gated community with internal private
streets if approved by the Board of Supervisors per Section 144-24C(2)(c) of the County Code.
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Should the Board of Supervisors not approve the internal private street waiver, the Owners
proffer to develop the age-restricted community per Section 144-24C(2)(b) of the County Code.
Staff Note: The Comprehensive Plan calls for a public major collector roadway connection
between the Jubal Early Drive extension and Cedar Creek grade. The proffers that currently
apply to the site provide for the construction of this connection. The current application
proposes to develop an age restricted community with a gated access – thereby eliminating this
connection. Staff also notes the need for a public bicycle and pedestrian connection between
Cedar Creek grade and future Jubal Early Drive. This concern also applies to proffer B2.
Staff Note: Should the 238 acres be developed with rural lots, there is the potential that there
would no longer be a feasible location for the construction of the north/south connection from
Cedar Creek Grade to Jubal Early Drive.
2. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning
proffer to develop the age-restricted community with gated access at the primary entrance
located on Cedar Creek Grade if the Board of Supervisors allows a complete system of private
streets within the proffered age-restricted community. The gated access entrance shall be
designed to provide for sufficient vehicle stacking to prevent vehicles from backing up onto
Cedar Creek Grade and shall provide for a sufficient vehicle recovery area to allow vehicles to
turn around at the entrance gate if necessary. The proposed improvement identified in this
section shall be completed prior to the issuance of the first Certificate of Occupancy Permit
within the 119.27± acre project area, exclusive of model homes.
3. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning
proffer to improve Cedar Creek Grade to provide for a separated westbound right-turn/taper
lane with an approximate 150’ storage length and a 50’ taper length; a separated eastbound left-
turn/taper lane with an approximate 200’ storage length and a 200’ taper length; and a separated
eastbound median protected acceleration lane with an approximate 225’ storage length and a
145’ taper length meeting to provide safe turning movements for vehicles entering and exiting
the age-restricted community without impacting through traffic movement on the Cedar Creek
mainline. The Cedar Creek Grade improvements identified in this section are further described
on Cedar Creek Grade Improvements Exhibit dated March 25, 2021 which is proffered by the
Owners. The proposed improvement identified in this section shall be completed prior to the
issuance of the first Certificate of Occupancy Permit within the 119.27± acre project area,
exclusive of model homes.
4. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning
proffer to dedicate right-of-way for Public Use that is 20 feet in width beyond the Cedar Creek
Grade frontage improvements identified in proffer section B2 above. The right-of-way
dedication shall be provided from Tax Map Parcel 63-A-2A as part of the Subdivision Plat for
the age-restricted community.
5. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning
proffer to provide a gated access at the Cidermill Lane connection to the age-restricted
community. The gated access shall be created for emergency access only to provide a second
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means of emergency access into the age-restricted community. The Owners shall coordinate
with the Frederick County and City of Winchester Emergency Services Divisions to ensure that
the design for emergency access is appropriate for emergency service responders. The
proposed improvement identified in this section shall be completed prior to the issuance of the
first Certificate of Occupancy Permit within the 119.27± acre project area, exclusive of model
homes.
6. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning
proffer to provide right-of-way dedication for the future extension of West Jubal Early Drive
that is 102 feet in width to allow for the construction of an urban four-lane divided collector
road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others.
The right-of-way dedication shall be located in the general area identified on the Greystone
Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated
March 25, 2021. The Owners proffer to provide permanent and temporary easements along both
sides of the 102-foot right-of-way dedication area consistent with the approved road design plan
for this construction project. The Owners proffer to provide for the 102-foot right-of-way
dedication as part of the Subdivision Plat for the age-restricted community and further proffer to
provide the permanent and temporary easements within 90 days of written request by the
County subsequent to final road design plan approval required for construction of this project.
Staff Note: The current proffers that are applicable to the properties in this rezoning allow for
the construction of the Jubal Early Drive extension and interchange with Route 37.
7. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning
proffer to reserve an area within the open space of the age-restricted community sufficient for a
future gated access connection to the future extension of West Jubal Early Drive if the Board of
Supervisors allows a complete system of private streets within the proffered age-restricted
community. The reservation area for the future gated access connection will be provided as a
component of the Final Subdivision Plat and shall be sufficient to provide for vehicle stacking
to prevent vehicles from backing up onto West Jubal Early Drive and shall provide for a
sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if
necessary. The Owners shall bond this improvement prior to Final Subdivision Plat approval;
and shall construct this improvement in conjunction with the final phase of development which
shall be completed prior to the issuance of the 250th Certificate of Occupancy Permit within the
119.27± acre project area.
8. The Owners of Tax Parcels 53-A-90 and 53-A-92A proposed for RA, Rural District zoning
proffer to reserve an area for future right-of-way dedication that is 102 feet in width to allow for
the construction of an urban four-lane divided collector road with raised median, curb and
gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way reservation area
shall be located in the general area identified on the Greystone Properties & White Family
Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021.
Additionally, the Owners proffer to provide permanent and temporary easements along both
sides of the 102-foot right-of-way dedication area consistent with the approved road design plan
for this construction project. The 102-foot right-of-way and permanent and temporary easement
areas are proffered to be reserved for future dedication at no cost to the County for a period of
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25 years beginning on the date of rezoning approval. The 102-foot right-of-way and permanent
and temporary easement areas are proffered to be dedicated to the County during the 25-year
reservation period if the County is successful in securing approved road design plans and
funding for the complete construction of the future West Jubal Early Drive extension project
between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass.
The reservation areas for the 102-foot right-of-way and permanent and temporary easements
shall terminate on the date that is 25 years from the date of rezoning approval if the County is
not successful in securing approved road design plans and funding for the complete construction
of the West Jubal Early Drive extension project between the existing right-of-way in the City of
Winchester to the Route 37 bridge overpass.
Staff Note: The right-of-way reservation for Jubal Early Drive and the Merrimans Lane
realignment that are identified in this proffer and proffer B9 should not have a sunset due to the
significant difficulty in securing funding for large transportation projects.
Staff Note: Should the 238 acres be developed with rural lots, there is the potential that there
would no longer be a feasible location for the construction of the north/south connection from
Cedar Creek Grade to Jubal Early Drive.
9. The Owners of Tax Parcel 53-A-92A proposed for RA, Rural District zoning proffer to reserve
an area for future right-of-way dedication that is 80 feet in width to allow for the relocation of
Merriman’s Lane by others in the general area identified on the Greystone Properties & White
Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021.
Additionally, the Owners proffer to provide permanent and temporary easements along both
sides of the 80-foot right-of-way dedication area consistent with the approved road design plan
for this construction project. The 80-foot right-of-way and permanent and temporary easement
areas are proffered to be reserved for future dedication at no cost to the County for a period of
25 years beginning on the date of rezoning approval. The 80-foot right-of-way and permanent
and temporary easement areas are proffered to be dedicated to the County during the 25-year
reservation period if the County is successful in securing approved road design plans and
funding for the complete construction of the future West Jubal Early Drive extension project
between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass.
The reservation areas for the 80-foot right-of-way and permanent and temporary easements
shall terminate on the date that is 25 years from the date of rezoning approval if the County is
not successful in securing approved road design plans and funding for the complete construction
of the West Jubal Early Drive extension project between the existing right-of-way in the City of
Winchester to the Route 37 bridge overpass.
C) Sanitary Sewer Conveyance
1. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning
proffer to incur the costs for the development of a pretreatment system and chemical feed
system for the sanitary sewer pump station and 12-inch sewer force main serving the age-
restricted dwelling units.
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2. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning
proffer to assume the responsibility for the operation and maintenance of the pretreatment
system and chemical feed system serving the age-restricted dwelling units until such a time that
Frederick Water advises that sufficient flows are available to eliminate this need.
3. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning
proffer to construct a 12-inch sewer force main between the on-site sewer pump station and the
existing off-site 12-inch sewer force main located on the south side of Cedar Creek Grade.
4. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning
proffer to coordinate with Frederick Water during the Subdivision Design Plan process to
determine the projected sewer flows consistent with the adopted Frederick Water Sanitary
Sewer Master Plan and provide sufficient land area to allow for the initial design of the on-site
sewer pump station and the future expansion of the on-site sewer pump station by others.
5. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning
proffer to provide easements to the sanitary sewer system to provide flow access to the on-site
sewer pump station.
D) Monetary Contributions
1. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning
proffer to provide a monetary contribution of $308.00 for each age-restricted residential
dwelling unit prior to the issuance of a certificate of occupancy permit.
2. The Owners of the 238.37± acres proposed for RA, Rural Areas District zoning proffer to
proffer to provide a monetary contribution of $9,078.00 for each traditional five-acre lot and for
each rural preservation lot that is created prior to the issuance of a certificate of occupancy
permit for any dwelling unit within these lots.
Staff Note: The County’s Capital Impact Model (CapIM) shows an impact per RA residential unit
of $22,403; the proffer associated with this rezoning does not adequately address the projected
impact on County facilities.
E) Environmental
1. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning
proffer to identify and delineate a developmentally sensitive area (“DSA”) boundary on the
Master Development Plan for this acreage that will identify the location of wetland areas.
Information regarding potential impacts within the DSA and methods for mitigation will be
incorporated as a component of the Subdivision Design Plan for this acreage.
2. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning
proffer to provide a resource protection area (“RPA”) buffer of 50 feet adjacent to the DSA
boundary. No portion of any residential lot will be platted within the RPA and disturbance
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activities will be limited to road crossing, pedestrian and bicycle facility crossing, and utility
crossing.
3. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning
proffer to develop a wetlands enhancement landscaping plan within the portion of the DSA that
is located on the south side of the West Jubal Early Drive right-of-way dedication area
described in Section B(6) of the Proffer Statement. The Owners proffer to include this
landscaping plan as information on the Subdivision Design Plan and install the landscaping
within this area of the project during the first favorable planting season following issuance of
the Land Disturbance Permit for the project. The Owners proffer to establish language within
the Property Owner Association documents for maintenance of this area and to allow access to
this area to Shenandoah University for the purpose of studying and monitoring the wetland
enhancement project as an outdoor land lab educational opportunity.
4. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning
proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet
of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of
building permits for such lots.
ATTACHMENTS:
• Location Maps
• Proffer Statement
• Cedar Creek Grade Improvements Exhibit & Zoning/ROW Map
• Current Approved Proffers for Willow Run (2012)
• Approved Master Development Plan (Sheet 2)
• Impact Analysis Statement
• Review Agency Comments
• Rezoning Application Form
• Transportation Impact Analysis
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