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HomeMy WebLinkAbout04-21 BOS Staff Report REZONING APPLICATION #04-21 ORRICK COMMONS Staff Report for the Board of Supervisors Prepared: September 15, 2021 Staff Contacts: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 09/01/21 Recommended Approval Board of Supervisors: 09/22/21 Pending PROPOSAL: To rezone 33.61+/- acres from the RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. LOCATION: The property is located south of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656), west of the terminus of Farmington Boulevard (Route 1406) within the Lynnhaven Subdivision and east of the terminus of Farmington Boulevard within the Steeplechase Subdivision. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/22/21 BOARD OF SUPERVISORS MEETING: The subject property is part of the original Orrick Commons rezoning which was approved in 2006 for 22.06 acres of B2 (General Business) District zoning and 33.61 acres of RP (Residential Performance) District zoning. The proffers for the 33.61 acres of RP are restricted to age- restricted dwelling units. This requested rezoning only pertains to the 33.61 acres zoned RP as the improvements; the B2 properties will remain subject to proffers for the 2006 rezoning. It should be noted that a separate proffer statement for the RP parcel would not impact the overall development as the proffers for the B2 zoned properties have previously been completed. The site is located within the limits of the Senseny Eastern Urban Area Land Use Plan of the 2035 Comprehensive Plan. The Plan identifies this property with a residential land use designation; the property is also within the limits of the Sewer and Water Service Area and the Urban Development Area. The existing/proposed zoning is generally consistent with the goals of the Plan. This rezoning proposes to revise the proffers pertaining to the dedication of park land and preservation of a pond. The 2006 rezoning proffered 3.5 acres to Frederick County as a park and a proffer that required an existing pond to be preserved within the park area. The approved and proposed proffer for the park area allows the area to count towards the required open space for the age-restricted residential development. Dedication of that land would also require approval from the Applicant and Frederick County; the Applicant would most likely be the Homeowners Association depending on the ultimate timing of the request. The Applicant with this amendment, is seeking to eliminate the requirement for the pond preservation and relocate the park (increased to 6 acres) to the southeastern portion of the property. The Applicant has added a provision to the proposed proffer that would allow the area to be utilized for utilities, grading, as well as drainage and stormwater improvements associated with the development of the Property. Any recreational improvements constructed by the Applicant within the park area shall be permitted to count towards the recreational amenities required by the Frederick County Zoning Ordinance for development of the Property. Rezoning #04-21 Orrick Commons September 15, 2021 Page 2 It should be noted that this revised application does restrict the total number of units permitted on the property to a maximum of 170 units – 122 single family (detached or attached) and 48 multi-family units. The approved proffer statement allows for the maximum density allowed in the Zoning Ordinance which could result in up to 201 dwelling units. The Planning Commission held a public hearing for this rezoning at their meeting on September 1, 2021 and ultimately recommended approval. The Planning Commission during their meeting discussed buffering along adjacent developments and the potential to relocate the park in lieu of removing it entirely. Following the meeting, the Applicant submitted revised proffers seeking to address buffering and a proposed relocation of the park. Staff would note concerns regarding the language in the proffers allowing improvements such as utilities and stormwater infrastructure to be located within the park area. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should b e prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning #04-21 Orrick Commons September 15, 2021 Page 3 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: 09/01/21 Recommended Approval Board of Supervisors: 09/22/21 Pending PROPOSAL: To rezone 33.61+/- acres from the RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. LOCATION: The property is located south of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656), west of the terminus of Farmington Boulevard (Route 1406) within the Lynnhaven Subdivision and east of the terminus of Farmington Boulevard within the Steeplechase Subdivision. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-201B PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) District Use: Residential South: RA (Rural Areas) District Use: Residential East: RP (Residential Performance) District Use: Residential West: B2 (General Business) District Use: Commercial/Vacant RP (Residential Performance) District Use: Residential Rezoning #04-21 Orrick Commons September 15, 2021 Page 4 REVIEW EVALUATIONS: Virginia Dept. of Transportation: A VDOT review has been conducted for the Orrick Commons Residential Rezoning dated May 24, 2021. The documentation within the application to rezone this property appears to have little measurable impact on Route 656 (Greenwood Road) and Farmington Boulevard. These are the VDOT roadway which have been considered as access to the referenced property. VDOT is satisfied the transportation proffer offered in the Orrick Commons Residential Rezoning application dated May 24, 2021 address transportation concerns associate with this request. Frederick County Public Work Department: A comprehensive review should occur at the submission of subdivision plan. We offer no comments at this time. Frederick County Fire Marshall: Plan approved. Frederick County Park & Recreation Department: Parks and recreation recommends keeping the park concept, has no issue with moving the location. Proffer contribution should follow the current proffer impact model calculations. Frederick Water: Reviewed proposal dated May 5, 2021. No comment. Frederick -Winchester Service Authority: FWSA defers comments on sewer capacity and availability to Frederick Water. Frederick County Public Schools: As Orrick Commons will be retaining its age restricted status, FCPS offers no comments. County of Frederick Attorney: Please see attached comments from Roderick B. Williams, County Attorney dated June 29, 2021. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies this property as being zoned A-2 (Agriculture General). The County’s agricultural zoning districts were 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. On June 28, 2006, Rezoning #04-06 was approved which rezoned the property to the RP (Residential Performance) District with proffers. Rezoning #04-21 Orrick Commons September 15, 2021 Page 5 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 guide the future 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. Comprehensive Plan- Land Use The Senseny Eastern Urban Area Land Use Plan of the 2035 Comprehensive Plan provides guidance on the future development of the property. The Plan identifies this property with a residential land use designation; the property is also within the limits of the Sewer and Water Service Area and the Urban Development Area. The existing/proposed zoning is generally consistent with the goals of the Plan. 3) Proposed Proffer Amendments: Park Area This request is seeking to revise the proffers pertaining to the dedication of park land and preservation of a pond. The 2006 rezoning proffered 3.5 acres to Frederick County as a park and a proffer that required an existing pond to be preserved within the park area. The approved and proposed proffer for the park area allows the area to count towards the required open space for the age-restricted residential development. Dedication of that land would also require approval from the Applicant and Frederick County; the Applicant would most likely be the Homeowners Association depending on the ultimate timing of the request. The Applicant is seeking to eliminate the requirement for the pond preservation and relocate the park (increased to 6 acres) to the southeastern portion of the property. The Applicant has added a provision to the proposed proffer that would allow the area to utilized for utilities, grading, as well as drainage and stormwater improvements associated with the development of the Property. Any recreational improvements constructed by the Applicant within the park area shall be permitted to count towards the recreational amenities required by the Frederick County Zoning Ordinance for development of the Property. Staff would note that the new provisions for utilities, grading, drainage and stormwater improvements within this park space could greatly impede any future plans for development should this park be dedicated to Frederick County for public use. Residential Density The proposed proffers associated with this application would restrict the total number of units permitted on the property to a maximum of 170 units – 122 single family (detached or attached) Rezoning #04-21 Orrick Commons September 15, 2021 Page 6 and 48 multifamily units. The approved proffer statement allows for the maximum density which could result in up to 201 dwelling units. 4) Proffer Statement: The revised proffers associated with this rezoning application are as follows; Proffer Statement – Dated May 5, 2021, revised September 7, 2021: 1. LAND USE: 1.1 Residential development shall be provided as a mixture of single family and multi-family units. Development of the Property shall not exceed a total of 170 dwelling units. Multi-family units shall not exceed 48 total units. The locations of the dwelling units on the Property shall be located as generally depicted on the GDP. 1.2 Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as “age-restricted” and shall be restricted to “housing for older persons” as defined in Va. Code Ann. § 36- 96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners’ Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Residential Proffer Statement as approved by the Board. 3. CREATION OF HOMEOWNERS’ ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners’ association (hereinafter “HOA”) that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road Rezoning #04-21 Orrick Commons September 15, 2021 Page 7 buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument, (v) responsibility for payment for maintenance of streetlights, and (vi) maintenance of private streets. 4. WATER & SEWER: 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of Frederick Water. The cost of all water and sewer improvements will be borne by the Applicant. 5. ENVIRONMENT: 5.1 The Applicant shall preserve the existing intermittent stream channel located on the Southeast portion of the Property. Disturbance of the stream channel shall be prohibited. (See 1 on GDP) 5.2 The Applicant shall provide a single row of evergreen trees planted a maximum of ten feet on center within a 10 wide landscape easement between any single- family residential lots constructed on the Property and existing single family lots adjacent to the property. Said trees shall be a minimum of four feet tall at time of planting, maintained by the HOA, and shall be bonded or installed prior to the issuance of an occupancy permit for the 75th dwelling unit constructed on the property. (Added following the September 1st Planning Commission meeting) 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled “A Traffic Impact Analysis of the Orrick Property,” prepared by Patton Harris Rust & Associates, dated October 11, 2005 (the “TIA”). The Applicant shall privately fund all transportation improvements required of this project. 6.2 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupancy for the first single family dwelling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) 6.3 The Applicant shall construct an interconnected transportation network to connect the Property with the adjoining commercial property, identified as Frederick County tax map parcels 55-A-201F and 55-A-201G, for both vehicular and pedestrian traffic. Said connection shall be made in the location depicted on the GDP. (See 3 on GDP) 6.4 Concurrent with the extension of Farmington Boulevard provided by Proffer 6.2, the Applicant shall construct a sidewalk connection from Farmington Boulevard to the existing sidewalk along existing Ladyslipper Drive. (See 4 on GDP). 7. DESIGN STANDARDS Rezoning #04-21 Orrick Commons September 15, 2021 Page 8 7.1 All facades of any multi-family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick; stone, or simulated stone; wood; Hardishingle and/or Harditrim, or material of comparable quality; Azek Trimboards or material of comparable quality; Fypon brackets and/or cornice details; stucco; glass. Any multi-family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.2 Any multi-family residential structures located on the Property shall incorporate bays and columned porches to more effectively relate to surrounding properties. 8. PARKS AND RECREATION 8.1 The Applicant shall reserve an open space area for an approximately 6.0 acre park in the location depicted on the GDP. At such time that both the Applicant and the Board find it to be in the best interest of the County, said park may be dedicated to the County for use by the general public. The park area shall be permitted to count towards the required open space for the Property and may be utilized for utilities, grading, as well as drainage and stormwater improvements associated with the development of the Property. Any recreational improvements constructed by the Applicant within the park area shall be permitted to count towards the recreational amenities required by the Frederick County Zoning Ordinance for development of the Property. (Added following the September 1st Planning Commission meeting) Staff Note: The construction of utilities or stormwater facilities within the park space could greatly impede any future plans for development should this park be dedicated to Frederick County for public use. 8.2 The Applicant shall contribute to the Board the sum of $248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 9. SOLID WASTE AND RECYCLING CONTAINERS 9.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures contained within fenced enclosures. 10. FIRE AND RESCUE 10.1 The Applicant shall contribute to the Board the sum of $166.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 11. GENERAL GOVERNMENT 11.1 The Applicant shall contribute to the Board the sum of $37.00 per dwelling unit Rezoning #04-21 Orrick Commons September 15, 2021 Page 9 for general government purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 12. PUBLIC SAFETY 12.1 The Applicant shall contribute to the Board the sum of $76.00 per dwelling unit for public safety purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 13. LIBRARY 13.1 The Applicant shall contribute to the Board the sum of $31.00 per dwelling unit for library purposes, payable upon the issuance of an occupancy permit for each dwelling unit. Staff Note - Monetary Proffers: With this revision, the application has retained the 2006 monetary proffers pertaining to Parks and Recreation, Fire and Rescue, General Government, Public Safety and the Library. The proffer as currently approved provides for $558 per dwelling unit. While categories such as the Library and General Government are no longer eligible (for new proposals), the County’s Capital Impacts Model (CapIM) identifies an impact of $2,086 per unit ($308/unit for Parks and $1,778 for Fire and Rescue). 14. FUTURE ROAD IMPROVEMENTS 14.1 The Applicant shall contribute to the Board the sum of $2,854.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of an occupancy permit for each dwelling unit. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 09/01/21 MEETING: Staff provided an overview of the application to the Planning Commission. The Commission inquired whether there had been discussions with the Applicant regarding the possibility to relocate the park instead of removal and whether wetlands were present on the site where the pond is located. Three citizens spoke during the public hearing and expressed concerns about drainage issues in the adjoining neighborhood, traffic and the need for a stop sign and buffering between the development and the neighboring houses. Concern was expressed about the removal of mature trees along the property line between the developments. The Commission requested clarification on what buffers would be necessary between the developments. Staff noted that there is not a requirement for a buffer as the housing types are similar; the perimeter of the development would contain single family which is similar to adjoining uses. Installation of a stop sign within the development was discussed and whether it would be possible. Staff explained that a stop sign should not be a component of the proffers as it would be ultimately up to VDOT to decide if it would be permissible. Mr. Patrick Sowers of Dave Holliday Construction, Inc., representing the Applicant noted that the pond Rezoning #04-21 Orrick Commons September 15, 2021 Page 10 is located at the high point of the development and any development would ensure that drainage from the site would not impact adjoining properties. Regarding landscaping and existing vegetation, the Applicant noted that until the development is designed, they cannot determine the extent of the removal of the existing vegetation. The Commission inquired if the Applicant would be willing to provide a buffer between the developments, either trees or a fence; the Applicant stated that they would consider some form of buffer between the developments. The Applicant was asked if they had discussed with Parks and Recreation another option instead of removal of the park; the Applicant stated that they would be willing to relocate the proposed park to another location on the site. A motion was made, seconded, and passed to recommend approval of REZ #04-21 for Orrick Commons with amendments from the Applicant regarding buffers and relocation of the park. 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.