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Home My WebLink About09-22 BOS Staff Report REZONING APPLICATION #09-22 THE CANYON, LC Staff Report for the Board of Supervisors Prepared: October 20, 2022 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission: 10/19/2022 Recommended Approval Board of Supervisors: 10/26/2022 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 10/26/22 BOARD OF SUPERVISORS MEETING: This is an application to rezone (minor proffer amendment) +/-174.98 acres from RP (Residential Performance) District with proffers to RP (Residential Performance) District with revised proffers. This proposal would amend the previously approved proffer statement for REZ #06-15, Opequon Crossing, to further specify no “certificate of occupancy” shall be issued for any dwelling unit without completion of improvements to Route 7 and the proposed collector “spine” road (Proffer 9.2) and further clarify the monetary escalation occurs from the original 2015 rezoning (Proffer 13.1). All other provisions in the approved proffer statement (land use, density, other transportation improvements) remain unaltered. The subject properties are located wholly in the Red Bud District. The Planning Commission recommended approval of the rezoning application at their October 19, 2022 meeting (7-0-5-1; Commissioners Aikens, Kerns, Molden, Thomas & Triplett absent; Commissioner Manuel abstain). Following the public meeting, 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 #09-22 The Canyon, LC October 20, 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: This is an application to rezone (minor proffer amendment) +/-174.98 acres from RP (Residential Performance) District with proffers to RP (Residential Performance) District with revised proffers. LOCATION: The properties are located south of Route 7, east and west of Eddy’s Lane and adjacent to the Opequon Wastewater Reclamation facility at the eastern boundary of Frederick County along Opequon Creek. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-210, 55-A- 212 and 55-A-212A PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Vacant/Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: Rural Areas (RA) Use: Vacant/Residential South: Residential Performance (RP) Use: Open Space/Residential East: Clarke County Use: Clarke County/Vacant West: Residential Performance (RP) Use: Residential Rezoning #09-22 The Canyon, LC October 20, 2022 Page 3 REVIEW EVALUATIONS: Planning & Zoning: 1) Site History The subject properties, collectively known as “Opequon Crossing” were originally rezoned from RA (Rural Areas) to RP (Residential Performance) in November 2009 (REZ #12-07). A subsequent rezoning (#06-15; approved December 2015) modified the previously approved proffer statement. Since 2015, the subject properties have remained vacant and undeveloped. A Master Development Plan (MDP, #01-22) was administratively approved in March 2022 for 574 residential dwelling units, and a Subdivision Design Plan (SDP) is presently under review by the Department of Planning and Development prior to commencement of land disturbing activities. 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; the Plan is 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 parcels comprising this rezoning application are located within the County’s Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The UDA defines the general area in which more intensive forms of residential development will occur. In addition, the Opequon Crossing property is located within the Senseny/Eastern Frederick Urban Area Plan. This land use plan calls for the subject properties to be developed as “residential.” The existing zoning of the property, RP, is in conformance with the Plan. The proposed rezoning (minor proffer amendment) does not propose any changes to the previously approved zoning district (RP) or land uses. The proposed minor proffer amendment, to clarify the “trigger” for proffered transportation improvements, changing “building permit” to “certificate of occupancy” (proffer 9.2) does not impact the conformity of the application to the Plan. 3) Access & Transportation The proposed rezoning (minor proffer amendment) does not propose any changes to the previously approved proffered transportation improvements. However, the proposed proffer amendment does clarify that the proffered transportation improvements to Route 7 and the Rezoning #09-22 The Canyon, LC October 20, 2022 Page 4 future collector road (“spine road”) will need to be completed prior to issuance of the first “certificate of occupancy” and that the monetary escalation occurs from the original rezoning application approved in 2015. 4) Potential Impacts & Proffers The proposed rezoning (minor proffer amendment) does not propose any changes to the previously approved total number of units or other capital contributions. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 10/19/22 MEETING: The Planning Commission received a presentation on October 20, 2022 and offered no comments. The rezoning application was sent forward to the Board of Supervisors with a recommendation of approval (7-0-5-1; Commissioners Aikens, Kerns, Molden, Thomas & Triplett absent; Commissioner Manuel abstain). Following the public meeting, 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.