HomeMy WebLinkAbout09-22 PC Staff Report REZONING APPLICATION #09-22
THE CANYON, LC
Staff Report for the Planning Commission
Prepared: October 6, 2022
Staff Contacts: M. Tyler Klein, AICP, Senior Planner
Reviewed Action
Planning Commission: 10/19/2022 Pending
Board of Supervisors: 10/26/2022 Pending
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 10/19/22 PLANNING
COMMISSION 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. 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.
Following a public meeting, 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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October 6, 2022
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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.
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
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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
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future collector road (“spine road”) will need to be completed prior to issuance of the first
“certificate of occupancy.”
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.
Following a public meeting, 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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