HomeMy WebLinkAbout05-22 PC Staff Report REZONING APPLICATION #05-22
GREYSTONE PROPERTIES LLC
Staff Report for the Planning Commission
Prepared: August 18, 2022
Staff Contacts: M. Tyler Klein, AICP, Senior Planner
Reviewed Action
Planning Commission: 09/07/2022 Pending
Board of Supervisors: 09/14/2022 Pending
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/07/22 PLANNING
COMMISSION MEETING:
This is a proposal to amend the proffer statement approved with REZ #02-21 (Greystone Properties, LLC
Age-Restricted). The proposed amendment seeks to replace the current text defining age-restricted with the
language to align with the federal guidelines governing age-restricted housing more closely.
No other provisions in the approved proffer statement are proposed to be amended, and the use and density
enabled on the 119.27-acre (RP) Residential Performance zoned subject properties (Back Creek District)
remains unchanged.
This rezoning application does not require a public hearing. Following a presentation, 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.
83
Rezoning #05-22 – Greystone Properties, LLC
August 18, 2022
Page 2
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.
PROPOSAL: The proposed rezoning (proffer amendment) seeks to replace the current proffered text
defining age-restricted language, approved with REZ #02-21 (Greystone Properties), to align with the
federal guidelines governing age-restricted housing more closely.
LOCATION: The subject properties are north of Cedar Creek Grade (Route 622), south and west of the
City of Winchester.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERS: 53-A-91 and 63-A-2A
PROPERTY ZONING: RP (Residential Performance) District
PRESENT USE: Vacant/Undeveloped
ADJOINING PROPERTY ZONING & PRESENT USE:
North: City of Winchester Use: City of Winchester
South: RA (Rural Areas) Use: Residential
RP (Residential Performance)
East: City of Winchester Use: City of Winchester
West: RA (Rural Areas) Use: Vacant/Agricultural/Residential
84
Rezoning #05-22 – Greystone Properties, LLC
August 18, 2022
Page 3
REVIEW EVALUATIONS:
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.
On February 28, 2007, the Board of Supervisors approved Rezoning Application (REZ) #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.
On July 14, 2021, the Board of Supervisors approved REZ #02-21 which rezoned 119.27-acres
of land zoned R4 (Residential Planned Community) District with proffers to the RP (Residential
Performance) District with proffers and 238.37-acres zoned R4 (Residential Planned
Community) District with proffers to the RA (Rural Areas) District with proffers (downzoned).
This resulted in a reduction of the total number of residential dwelling units permitted. 100% of
the dwelling units were proffered to be age restricted.
2) Comprehensive Plan
The Comprehensive Plan is the guide for the future growth of Frederick County.
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 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 and Appendix I
of the Comprehensive Plan are the primary implementation tools and will be instrumental to the
future planning efforts of the County.
Comprehensive Plan Land Use Compatibility
The 2040 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 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. The current zoning of
the property (RP) is consistent with the future long-range land use plan.
85
Rezoning #05-22 – Greystone Properties, LLC
August 18, 2022
Page 4
The proposed rezoning (proffer amendment) does not alter the use or density of the site and as
such is in conformance with the Comprehensive Plan.
3) Access & Transportation
The proposed rezoning (proffer amendment) does not propose amendments to proffers
pertaining to transportation and site access with the previously approved REZ #02-21. The
proposed amendment to modify the definition for “age-restricted” has no measurable impact to
trip generation or traffic.
4) Potential Impacts Proffers
The proposed amendment seeks to replace the current text defining age-restricted with the
language more closely aligned with the federal guidelines governing age-restricted housing. No
other provisions in the approved proffer statement are proposed to be amended, and the use and
density enabled on the 119.27-acre (RP) Residential Performance zoned subject properties,
approved with REZ #02-21, remains unchanged.
County of Frederick Attorney:
Please see attached email from Roderick B. Williams, County Attorney dated June 21, 2022.
This rezoning application does not require a public hearing. Following a presentation, 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.
86