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PC 04-17-24 Meeting Agenda1.Call to Order 2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting. 3.Meeting Minutes 3.A.February 21, 2024 Meeting Minutes 4.Committee Reports 5.Citizen Comments 6.Public Hearings 6.A.Rezoning #03-24 for Snowden Bridge & Stephenson Village II (Brookfield Stephenson Village, LLC. & Snowden Bridge Holdings, LLC.) - (Mr. Klein) Submitted to rezone approximately +/- 330.46-acres of the R4 (Residential Planned Community) District with proffers to the R4 (Residential Planned Community) District with modified proffers. The proposed proffer amendment includes changes to density, housing types, cash proffers, recreational amenities, commercial development, and County office space. The properties are generally south and east of the terminus of Snowden Bridge Boulevard, and generally east of Milburn Road (Route 662) and are identified by Property Identification Numbers 44-A-293, 44-A-31A, and 44-A-31B in the Stonewall Magisterial District. 7.Discussion/Information Items 7.A.Ordinance Amendment - Religious Organization and National Chartered Fraternal Lodges or Civic Clubs, Social Centers and Their Related Club AGENDA PLANNING COMMISSION WEDNESDAY, APRIL 17, 2024 7:00 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA PC04-17-24MinutesFebruary21.pdf PC04-17-24REZ03-24_Redacted.pdf PC04-17-24REZ03-24_OriginalProfferStatement_REZ06-03_Redacted.pdf 1 Facilities - (Mrs. Peloquin) This is a proposal to amend the permitted uses in the RA (Rural Areas) Zoning District to add nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities (§165-401.02). This proposal also moves the existing additional regulations for this use from the RP (Residential Performance) Zoning District conditional uses section (§165-402.03) to a new subsection in the Additional Regulations for Specific Uses section. This proposal also updates the terminology from "Church" to "Religious organizations" throughout the ordinance. No changes to the definitions are proposed. 7.B.Ordinance Amendment - Conference/Event Centers, Data Centers, Solid Waste Collections, and Materials Recovery Facilities - (Mrs. Feltner) This is a proposal to update the reference in the definitions of Caliper, correct errors in the definition of Country General Store, and amend Public Garage to remove multiple types of garages. This is a proposal to specifically call out conference/event centers and data centers in the B2 (General Business) and B3 (Industrial Transition) Districts; Commercial Sport and Recreation Clubs in the B2 (General Business); Continuing-Care Retirement Community (CCRC) in the MS (Medical Support); Data centers in the M1 (Light Industrial), M2 (Industrial General), and TM (Technology-Manufacturing Park) District; clarify the recycling operation and recreational facilities in the M1 (Light Industrial), and relocate the square footage requirements of retail and grocery stores within the B1 (Neighborhood Business) District. The amendments are not adding additional permitted uses, but rather clarifying the permitted uses. 7.C.Presentation on UDA Report - (Mr. Pearson) 8.Other 8.A.Current Planning Applications 9.Adjourn PC04-17-24OA_PlacesofWorship _FraternalLodges_CivicClubs_ etc.pdf PC04-17-24OA_ConferenceEventCenters_DataCenters_etc.pdf 2 Planning Commission Agenda Item Detail Meeting Date: April 17, 2024 Agenda Section: Meeting Minutes Title: February 21, 2024 Meeting Minutes Attachments: PC04-17-24MinutesFebruary21.pdf 3 Frederick County Planning Commission Page 4094 Minutes of February 21, 2024 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on February 21, 2024. PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; Justin Kerns, Stonewall District; Elizabeth D. Kozel, Shawnee District; Charles E. Triplett, Gainesboro District; Jason Aikens, Gainesboro District; Betsy Brumback, Back Creek District; Mollie Brannon, Back Creek District; Charles Markert, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: None STAFF PRESENT: Wyatt G. Pearson, Director; Mark R. Cheran, Zoning & Subdivision Administrator; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Stowe called the February 21, 2024 meeting of the Frederick County Planning Commission to order at 7:00 p.m. ADOPTION OF AGENDA Upon a motion made by Commissioner Thomas and seconded by Commissioner Kozel, the Planning Commission unanimously adopted the agenda for this evening’s meeting with a change to add item 2A, Resolution of Appreciation for John Jewell. ------------- 4 Frederick County Planning Commission Page 4095 Minutes of February 21, 2024 COMMITTEES Comprehensive Plans and Programs Committee – Mtg. 2/12/24 Commissioner Triplett reported the Capital Improvement Plan was discussed and it is being presented on tonight’s agenda. Frederick Water – Mtg. 2/21/24 Commissioner Brumback reported the Board approved the Inter-County Service Area and associated Availability Fees and Supplemental Base Rates. The FY2025-2034 Capital Improvement Plan was adopted. A January operations report was shared as well. Transportation Committee – Mtg. 1/22/24 Chairman Stowe reported the Committee was presented with and discussed the following: Route 37 Study update; Winchester Frederick Metropolitan Planning Organization Transit Study; Capital Improvement Plan update; and the Virginia Byway Designation Request for Wardensville Pike (Route 55). ------------- CITIZEN COMMENTS Chairman Stowe called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one came forward to speak and Chairman Stowe closed the public comments portion of the meeting. ------------- PUBLIC HEARINGS Ordinance Amendment to the Frederick County Code – Home & Cottage Occupations Action – Recommend Approval M. Tyler Klein, Senior Planner, reported this is a proposal to amend regulations for Home Occupations and Cottage Occupations to address stated concerns from Board members, the Planning Commission, and the public about operating a home or cottage occupation. He shared the current standard for Home Occupation and Cottage Occupation: • Home Occupation – an occupation or profession customarily carried out fully within a dwelling unit, with no employees (except those residing on the premise) and limited to less than five (5) customers per day; a by-right use. • Cottage Occupation – an occupation or profession customarily carried out within a dwelling unit or an accessory building/structure, with no more than one(1) employee (except those residing on the premise) and serving (5) or more customers per day; a conditional use requiring a CUP. 5 Frederick County Planning Commission Page 4096 Minutes of February 21, 2024 Mr. Klein presented the proposed changes for Home Occupations and Cottage Occupations: • Home Occupations (proposed changes) o Conducted in principal dwelling or detached structure (RA District Only) o Clearly incidental and secondary to the use of the residence o Produces no offensive noise, vibrations, smoke, dust, etc. o No more than five (5) people, not residing on the premises are permitted per day (customers and/or employees) o One (1) commercial vehicle • Cottage Occupations (proposed changes) o Conducted in principal dwelling or detached structure o Clearly incidental and secondary to the use of the residence o Allows for up to ten (10) people, not residing on the premises, including customers and/or employees o One (1) or more commercial vehicles Commissioner Brannon commented she likes these changes as it will assist small businesses getting started. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Stowe closed the public comment portion of the hearing. Upon a motion made by Commissioner Aikens and seconded by Commissioner Triplett BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of the Ordinance Amendment to the Frederick County Code – Home & Cottage Occupations. Ordinance Amendment to the Frederick County Code – Accessory Dwellings, Master Development Plans, and Definitions Action – Recommend Approval M. Tyler Klein, Senior Planner, reported this is a proposal the amend definitions to the Frederick County Zoning Ordinance, Chapter 165: amend supplementary use requirements for accessory dwellings; amend setback and yard requirements for the EM (Extractive Manufacturing) Zoning District; and to amend development plans and approvals for Master Development Plans (MDPs). • Accessory Dwellings (§165-201.05) o This is a proposal to amend the Secondary or accessory uses section to establish a new minimum square footage (SF) allowance for accessory dwellings of 500 SF, or 25% of the gross floor area, whichever is greater. o Presently, accessory dwellings are permitted up to 25% of the primary dwelling. • Master Development Plans (§165-801) 6 Frederick County Planning Commission Page 4097 Minutes of February 21, 2024 o This is a proposal to amend the section to reflect the County’s adopted submission procedures for Master Development Plans (MDP) and to remove remaining references to public meetings requirements prior to MDP approval. o The ordinance was amended in 2021 to remove public meeting requirements for MDPs. • Other Minor Amendments (multiple) o This is a proposal to amend §165-101.02 (Definitions) to remove and update language that does not conform to state and federal definitions for intellectually or developmentally disabled persons. o A separate proposal updates word usage where “principle” is used incorrectly (§165-608.05) instead of “principal” when referring to a primary structure. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Stowe closed the public comment portion of the hearing. Upon a motion made by Commissioner Aikens and seconded by Commissioner Kerns BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of an Ordinance Amendment to the Frederick County Code – Accessory Dwellings, Master Development Plans, and Definitions. Ordinance Amendment to the Frederick County Code – Telecommunication Facilities Action – Recommend Approval M. Tyler Klein, Senior Planner, reported this is a proposal to amend the supplementary use regulations for commercial telecommunication facilities to modify the criteria for a setback waiver by the Board of Supervisors (§165-204.19(C)(3)(a)). Presently the Board may reduce the setback proportional to the height of the tower and reduce to no less than ½ the distance of height of the wireless facility or wireless support structure. Mr. Klein share the proposed language: • The Board may reduce the required setback distance for the wireless facility or wireless support structure as required by §165-201.03B(8) of this Code if the Applicant submits sufficient documentation, certified by a registered Virginia professional engineer, that, in the event of a collapse of the wireless facility or wireless support structure, the collapsed wireless facility or wireless support structure will be contained in a fall zone that does not extend into the area of the proposed reduced setback, measured from the center line of the base of the wireless facility or wireless support structure. The setback distance shall not be reduced to less than half the distance of the height of the wireless facility or wireless support structure if the adjoining property is zoned for residential use or if the principal use of the adjoining property is a residence. Planning Commission members expressed concerns with how the fall zones are engineered, and requested more information regarding what standards engineers follow to ensure a telecommunication monopole collapse within a fall zone during high wind events. Two (2) individuals 7 Frederick County Planning Commission Page 4098 Minutes of February 21, 2024 spoke in support of the proposed amendment, noting that telecommunication facilities were critically important to the community and setback waivers should be allowed on a case-by-case basis. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Stowe closed the public comment portion of the hearing. Upon a motion made by Commissioner Aikens and seconded by Commissioner Brannon BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of an Ordinance Amendment to the Frederick County Code – Telecommunication Facilities. Conditional Use Permit #06-23 for Diamond Communications, LLC (I-81 Mini Storage LLC) Action – Recommend Approval Mark R. Cheran, Zoning and Subdivision Administrator, reported this application is submitted to construct a 135’ monopole-type commercial telecommunication tower. The property is located at 127 Mercedes Court, Winchester, Virginia and is identified with Property Identification Number (PIN) 43-A-52 in the Stonewall Magisterial District. He shared a zoning map and location map of the property. Mr. Cheran continued, the Frederick County Zoning Ordinance requires an Applicant to provide confirmation that an attempt was made to collocate on an existing telecommunication facility, and possible collocation structures. The Applicant has provided an inventory of existing telecommunication facilities and alleges no other telecommunication facility or viable collocation structures exist in this area. He noted, should this facility be approved this commercial telecommunication facility could be positioned to provide the existing and future land uses in this area of the County with telecommunication needs. Mr. Cheran shared; the Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the B3 (Industrial Transition) Zoning District with an approved Conditional Use Permit (CUP). This property is located within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) as identified within the Comprehensive Plan and is located within the Eastern Frederick County Long Range Land Use Plan. The Comprehensive Plan identifies this area of the County to remain commercial/industrial in nature. He noted, the Applicant is requesting a waiver to reduce the required setback as set forth in Section §165-204.19 of the Zoning Ordinance. This proposed commercial telecommunication tower will require two (2) setback waivers (the side South and rear East). Mr. Cheran presented the following conditions recommended by Staff: 1. All review agency comments shall be complied with at all times. 2. The tower shall be available for collocating personal wireless service providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit. Planning Commission members raised questions regarding tower and foundation failure, and the mechanics insuring this does not happen. Mr. Shumak and Mr. Doolittle, on behalf of the applicant, explained the logistics involved. 8 Frederick County Planning Commission Page 4099 Minutes of February 21, 2024 Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Stowe closed the public comment portion of the hearing. Upon a motion made by Commissioner Aikens and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Conditional Use Permit #06-23 for Diamond Communications, LLC (I-81 Mini Storage LLC). Conditional Use Permit #07-23 for Diamond Communications, LLC (RLC Management, Inc.) Action – Recommend Approval Mark R. Cheran, Zoning and Subdivision Administrator, reported this is an application submitted to construct a 185’ monopole-type commercial telecommunication tower. The property is located at 178 Rivendell Court, Winchester, Virginia and is identified with Property Identification Number (PIN) 42-A-198N in the Stonewall Magisterial District. He shared a zoning map and a location map of the property. Mr. Cheran continued, the Frederick County Zoning Ordinance requires an Applicant to provide confirmation that an attempt was made to collocate on an existing telecommunication facility, and possible collocation structures. The Applicant has provided an inventory of existing telecommunication facilities and alleges no other telecommunication facility or viable collocation structures exist in this area. He noted, should this facility be approved this commercial telecommunication facility could be positioned to provide the existing and future land uses in this area of the County with telecommunication needs. The Zoning Ordinance allows for commercial telecommunication facilities in the B2 Zoning District with an approved Conditional Use Permit (CUP). This property is located within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) as identified within the Comprehensive Plan and is located within the Eastern Frederick County Long Range Land Use Plan. The Comprehensive Plan identifies this area of the County to remain commercial/industrial in nature. He noted, the Applicant is requesting a waiver to reduce the required setback as set forth in Section §165-204.19 of the Zoning Ordinance. He noted, the front South and North will require the two (2) setback waivers. Mr. Cheran presented the following conditions recommended by Staff: 1. All review agency comments shall be complied with at all times. 2. The tower shall be available for collocating personal wireless service providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Stowe closed the public comment portion of the hearing. Upon a motion made by Commissioner Thomas and seconded by Commissioner Aikens 9 Frederick County Planning Commission Page 4100 Minutes of February 21, 2024 BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Conditional Use Permit #07-23 for Diamond Communications, LLC (RLC Management, Inc.). ------------- INFORMATION/DISCUSSION 2024-2029 Capital Improvement Plan (CIP) Wyatt G. Pearson, Director, reported the CIP is a document that consists of a schedule of major capital expenditures for the County for the ensuing five-year period. The Comprehensive Plan and the CIP are intended to be mutually supportive. He explained, CIP projects serve as input into the Capital Impact Model, which calculates the cost of new development in the County and suggests an appropriate cash proffer amount. Mr. Pearson continued, while the program serves as a long-range plan, it is reviewed and revised annually based on current circumstances and opportunities. This year departments were advised to ensure projects were achievable with the plans horizon (FY29) and anything outside the next fiv e years was not included in the draft plan. He noted, County Administration and Finance are conducting a high- level debt affordability analysis which may be included in the plan prior to adoption by the Board. He shared the overall projects by department. Mr. Pearson concluded; Staff is seeking a recommendation to forward to the Board of Supervisors on the draft 2024-2029 CIP. Chairman Stowe commented that the CIP presentation is well done. Commissioner Thomas commented with all the Parks and Recreation projects listed he thinks there should be an aquatic center. With a favorable consensus the Planning Commission recommended the 2024-2029 Capital Improvement Plan (CIP) be sent forward to the Board of Supervisors. OTHER Wyatt G. Pearson, Director, reported there are site plans under review for Frito Lay Distribution Center, Car Credit Nation, Shockey Manufacturing Conversion facility, and Winchester Townhomes. He noted the annual report has been prepared and published. ------------- ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Thomas to adjourn the meeting. This motion was seconded by Commissioner Aikens and unanimously passed. The meeting was adjourned at 8:35 p.m. Respectfully submitted, ____________________________ Tim Stowe, Chairman ___________________________ Wyatt G. Pearson, Secretary 10 Planning Commission Agenda Item Detail Meeting Date: April 17, 2024 Agenda Section: Public Hearings Title: Rezoning #03-24 for Snowden Bridge & Stephenson Village II (Brookfield Stephenson Village, LLC. & Snowden Bridge Holdings, LLC.) - (Mr. Klein) Attachments: PC04-17-24REZ03-24_Redacted.pdf PC04-17-24REZ03-24_OriginalProfferStatement_REZ06-03_Redacted.pdf 11 REZONING APPLICATION #03-24 Snowden Bridge & Stephenson Village II Staff Report for the Planning Commission Prepared: April 8, 2024 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission 04/17/24 Pending Board of Supervisors 05/08/24 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 04/17/24 PLANNING COMMISSION MEETING: This is a request to rezone approximately +/- 330.46-acres of the R4 (Residential Planned Community) District with proffers to the R4 (Residential Planned Community) District with modified proffers. The proposed proffer amendment includes changes to density, housing types, cash proffers, recreational amenities, commercial development, and County office space. The proposed rezoning does not propose a change to the current zoning of the property (R4) or site access. The proposed rezoning would not have a negative impact on the planned or existing transportation facilities in the vicinity of the project. As such, the proposed rezoning remains in general conformance with Comprehensive Plan policies specific to future land use compatibility. However, the proposed rezoning does not address all future transportation improvements identified in the Plan, including Route 37 along the southern property boundary, and as such may not be fully compatible with Plan policies. The proffer statement (dated March 22, 2024) is in a legal form acceptable to the County Attorney. The following application deficiencies remain outstanding and should be brought to the attention of the Planning Commission for discussion: • As proposed, the amended proffer statement (dated March 22, 2024) does not address the capital impact for the potential 240 or more market-rate (non-age restricted) units as calculated by the County’s adopted Capital Impact Model. The resulting increase in the number market-rate units allowed is a result of changes to the land use matrix maximum and minimum housing type percentages. The proffer statement (Proffer 4) proposes $15,000 per unit commencing with the 1,766th non-age restricted residential unit. The Frederick County Capital Impact Model anticipates a capital cost to the County of $20,309 for Single Family detached and $19,038 for attached. This leaves a potential shortfall to the County of up to $5,309 per unit for the newly converted units. • Any units developed up to the proposed trigger (1,766th non-age restricted residential units) will continue to utilize the original proffered amount of $7,897.70 (2003 proffer with escalation). While that may have been a sufficient contribution to offset impacts on capital facilities in 2003, circumstances have changed greatly since then, and it falls roughly $12,412 short of the County’s current calculations of capital impact. • The proposed revisions to include an additional recreation center (Proffer 9(A)) for the non-age restricted component of Stephenson Village II does not meet the applicable Zoning Ordinance standards and proposes a lesser standard. 12 Rezoning #03-24 Snowden Bridge & Stephenson Village II April 8, 2024 Page 2 • The revision to extend the trigger for the commercial center to six (6) years from the 1,200th non- age restricted residential building permit (Proffer 13(F)) does not propose a reasonably related timeframe for providing the planned community’s commercial element. Further, the proposed revision removes the minimum square footage (60,000 SF) of commercial space to-be-provided. The application fails to provide sufficient justification as to why meaningful commercial land uses are not being developed to serve the growing Snowden Bridge population as originally intended. The completion of commercial square footage should coincide with development of additional residential units and provide for uses that are complementary to a residential community (i.e. neighborhood scale convenience and personal service type businesses). • The proposed revision to remove in its entirety the requirement to provide rent-free County office space (Proffer 14) does not fulfill the original intent of the proffer as written in 2003, or provide a new alternative, to offset the impact of the development on general county government. Following a discussion, a recommendation from the Planning Commission 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. 13 Rezoning #03-24 Snowden Bridge & Stephenson Village II April 8, 2024 Page 3 This report has been prepared by the Frederick County Planning Staff to provide information to the Planning Commission 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 a request to rezone approximately +/- 330.46-acres of the R4 (Residential Planned Community) District with proffers to the R4 (Residential Planned Community) District with modified proffers. The proposed proffer amendment includes changes to density, housing types, cash proffers, recreational amenities, commercial development, and County office space. LOCATION: The subject properties are generally south and east of the terminus of Snowden Bridge Boulevard, and generally east of Milburn Road (Route 662) MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-293, 44-A-31A, and 44-A-31B PROPERTY ZONING: R4 (Residential Planned Community) PRESENT USE: Vacant/Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential/Agricultural South: RA (Rural Areas) Use: Residential East: RA/B2 (Rural Areas & General Business) Use: Residential/Vacant West: M1 (Light Industrial) Use: Warehouse/Distribution /Undeveloped REVIEW EVALUATIONS: Planning & Zoning: 1) Site History The subject property was previously rezoned through rezoning (REZ) application #06-03 (Stephenson Village/Snowden Bridge) and approved by the Board of Supervisors on September 24, 2003. The approved proffer statement enables up to a maximum of 2,465 residential housing units. The approved proffers also contemplate a minimum 33-acre commercial center (commercial retail, office and public services satellite facility) that would be occupied within 18-months of the 1,200th non-age restricted residential building permit. Other proffered amenities and improvements include recreational features for residents, a school site (now Jordan Springs Elementary School) and community park (future Old Charlestown Road Park) and a new collector roadway (Snowden Bridge Boulevard). The table on the next page summarizes residential development to date. 14 Rezoning #03-24 Snowden Bridge & Stephenson Village II April 8, 2024 Page 4 Project Phase Housing Type Approved Total Units Built (to-date) Unbuilt Units Snowden Bridge (Ph. I) Single-Family Detached (SFD) 688 669 19 Snowden Bridge (Ph. I) Townhome/Multiplex (TH/MP) 577 557 20 Total - Phase I 1,265 1,226 39 Stephenson Village II (Active-Adult (AA)) SFD 221 0 221 Stephenson Village II (AA) TH 433 0 433 Stephenson Village II (AA) Multifamily (MF) 48 0 48 Stephenson Village II (Market-Rate Units) SFD 30 0 30 Stephenson Village II (Market-Rate Units) TH 65 0 64 Total – Phase II 797 0 797 Project Total (Phases I & II) 2,062 1,226 836 Notes: “Approved” tabulations reflect approved subdivision design plans, platted lots, or master development plans (MDP) where applicable. Snowden Bridge (Phase I) “Total Units Built,” and “Unbuilt Units” tabulated from February 2024 UDA Report and County GIS records (address points). Stephenson Village II “Approved” totals reflect Master Development Plan (MDP) #02-22 land use mix approved July 5, 2022. Stephenson Village II subdivision design plans (SDP) for the active adult portions are presently under review by the Planning and Development Department. Maximum of 2,465 residential units enabled under REZ #06-03. 2) Comprehensive Plan, Site Access & Transportation Land Use Compatibility The Comprehensive Plan (adopted November 2021) and the Northeast Land Use Plan (NELUP, adopted September 2023) provide guidance on the future development of the subject property. The Plan identifies the subject properties with a “planned unit development” land use designation and as being within the limits of the Sewer and Water Service Area (SWSA) and within the limits of the Urban Development Area (UDA). Future Route 37 also is identified on the subject properties (east to west) along the southern property line. The proposed rezoning does not propose a change to the current zoning of the property (R4), site access, or planned transportation improvements (Snowden Bridge Boulevard, a planned collector roadway). The proposal seeks to only modify the approved density and the quantity of age restricted housing, proffers for capital facility impacts, the provision of recreational amenities, location and timing of commercial development, and the provision of County office space. The proposed rezoning remains in conformance with Comprehensive Plan policies specific to future land use compatibility. The proposed rezoning does not address all future transportation improvements identified in the Comprehensive Plan, specifically future Route 37, which is identified on the subject properties. Staff would note future Route 37 was not included in the original proffer statement or GDP 15 Rezoning #03-24 Snowden Bridge & Stephenson Village II April 8, 2024 Page 5 approved with REZ #06-03 as it was not a planned roadway identified in the Comprehensive Plan during the timeframe that application was submitted and approved. 4) Capital Facilities When evaluating capital costs of new residential development, the County projects per unit costs through the Capital Impact Model (CapIM). The model has been designed to project fiscal impacts that may result with land use change decisions. The Board of Supervisors updated the County’s adopted Capital Impact Model in October 2023. The output projection for the proposed change to enable 240 or more additional market-rate residential units is provided on subsequent pages for reference. Single- family detached units, in 2023 dollars, generated a capital cost* to the County of $20,309. Single- family attached units, in 2023 dollars, generate a capital cost to the County of $19,038. Cash proffer categories (per the Code of Virginia) are limited to public safety facilities, school facilities, and parks and recreation facilities. The proposed rezoning proffer statement (Proffer 4) provides a per unit contribution of $15,000 commencing with the 1,766th non-age restricted residential unit. The application materials reference “two Fiscal Impact Studies prepared by Stephen S. Fuller, Ph.D., Founding Director of the Stephen S. Fuller Institute at George Mason University” that were used by the applicant to justify their capital impact contribution and potential shortfall. Further, as stated in the materials the applicant notes the “current cash per unit proffers…are still appropriate and adequately mitigate impacts to County facilities and surrounding areas.” Staff, at the time of staff report preparation, have not been provided these reports in full to review and analyzed if the statements contained in the Impact Analysis Statement dated December 12, 2023, have merit. 16 CapIM – SFD Projection 17 CapIM – SFA Projection 18 A comparison of the currently approved capital contribution (REZ #06-03 with escalation), the County’s adopted Capital Impact Model (2024), the proposed proffered per unit contribution, and the net difference between the model and proffered payment is provided below. Housing Type REZ #06-03 (with escalation) Capital Impact Model Projection (2024) Proposed Capital Contribution (Proffer 4) Difference Between CapIM and Proposal Single-Family Detached (SFD) $7,897.70 $20,309 $15,000 ($5,309) Single-Family Attached (SFA – Townhome) $7,897.70 $19,038 $15,000 ($4,038) Staff would clarify that the proposed capital contribution, as stipulated in the proffer statement, would only apply to any new non-age restricted residential enabled by the rezoning. The existing approved proffer contribution (2003) with escalation, or $7,897.70, would continue to apply to all market-rate units up to the 1,766th non-age restricted residential unit. Active adult units have a proffer contribution (2003) with escalation of $2,567.06. The existing capital contributions were approved in 2003 and while it included an escalation cause is well-short of the County’s current project capital cost for SFD and SFA units. Further, the trigger (1,766th non-age restricted residential unit) for payment of $15,000 per unit, may never be fulfilled depending on the land use mix of age-restricted and market-rate units develops in phase 2 of the community (TBD). As proposed, the amended proffer statement does not address the full capital impact per unit of the proposed 240 or more market-rate units as calculated by the County’s Capital Impact Model (2024). 5) Generalized Development Plan (GDP), Proffer Statement & Impact Mitigation The Generalized Development (GDP, dated March 22, 2024) depicts changes to Land Bay III, identifies the new recreation center in Land Bay 3, and the relocation of the commercial land bay to Land Bay V. 19 Rezoning #03-24 Snowden Bridge & Stephenson Village II April 8, 2024 Page 9 The proffer statement, dated March 22, 2024, proposes the following: • Proffer 3(A)(2): Revisions to the “Uses, Density, and Mix of Housing Types”, specifically to increase the maximum % of housing unit types for mixed residential townhome units and reduce the minimum active adult housing types. Staff Comment: The proposed change to the land use matrix may enable 240 or more additional market rate residential units and reduces the number of active-adult (age-restricted) units. Market rate units, compared to active-adult units, have a significantly greater capital cost to County services, such as public school. The application, as proposed, does not fully mitigate the full capital cost to the County (detailed in the preceding section). 20 Rezoning #03-24 Snowden Bridge & Stephenson Village II April 8, 2024 Page 10 • Proffer 4: Revisions to the “Capital Facility Impacts,” specifically the owner proffers that the per unit monetary proffer for each non-age restricted residential unit constructed on the Property shall be $15,000 commencing with the 1,766 non-age restricted residential unit. Staff Comment. The proposed capital contribution of $15,000 per non-age restricted residential unit is less than the County’s Capital Impact Model projection. Single-family detached units are anticipated to generate a capital cost to the County of $20,309. Single-family attached units are anticipated to generate a capital cost to the County of $19,038. The application, as proposed, may not fully mitigate capital cost to the County (detailed in the preceding section). The applicant has not provided justification as to why the proposed capital contribution should be less than the County’s projection. Further, given the requested change to the land use matrix proffer (above), enabling additional market- rate residential units beyond those currently entitled, it may be appropriate for the new capital cost to apply to any unbuilt non-age restricted housing units constructed in Stephenson Village II. • Proffer 9(A): Addition of a new proffer to the “Recreational Amenities and Linear Park” provisions. Specifically, “the owner shall construct one (1) additional recreation center for the non-active adult recreational component of Stephenson Village II with in the Land Bay identified as Land Bay III as shown on the Generalized Development Plan (Exhibit A), for the use of the residents of the Property, Snowden Bridge, and Stephenson Village II and as determined by the Home Owners Association. Owner shall have the sole and absolute right to determine within said land bay, where the facility shall be located. Owner shall designate the exact location of the above facility on the Site Plan. The recreational center shall include a swimming pool, restroom and locker room facilities, an approximately 1,200 square foot fitness center, a multi-use court, and a tennis/pickleball court. The facility shall be fully bonded prior to the issuance of the 1,450th building permit. Work on this facility shall commence prior to the issuance of the 1,550th non-age restricted building permit and be completed prior to the issuance of the 1,700th building permit for the non-age restricted housing products.” Staff Comment: Currently, the Zoning Ordinance requires phased developments to provide common recreational facilities and improvement, “not later than when that section reaches fifty-percent occupancy and are required to be complete by the time that section reaches sixty-percent occupancy” (§165-402.06(A)(2)). As proposed the proffer does not meet the applicable zoning ordinance standard. The additional amenity would be of benefit only to Snowden Bridge/Stephenson Village residents and would not otherwise be available to County residents outside of the community. • Proffer 13(F): Revision to “Commercial Center” to relocate the proffered commercial center from a centrally located land bay within the community to the western extent of the development adjoining Milburn Road and modify the trigger requirement to 6-years from issuance of 1,200th non-age restricted residential building permit. Staff Comment: As specified in the Zoning Ordinance (§165-501.06(D) and §165-501.06(M)(3)): “Sufficient commercial and industrial areas shall be provided to meet the needs of the planned community, to provide an appropriate balance of uses and to lessen the overall impact of the planned community on Frederick County” and further states “a reasonable balance shall be maintained between residential and nonresidential uses. The phasing plan for the development shall include a reasonable portion of the nonresidential uses in all phases of the development.” 21 Rezoning #03-24 Snowden Bridge & Stephenson Village II April 8, 2024 Page 11 The proffer, as proposed (amended), does not provide a reasonably related timeframe for the development of the commercial development and removes the minimum square footage (60,000 SF) to- be-provided. The completion of commercial square footage should coincide with development of additional residential units and provide for uses that are complementary to a residential community (i.e. neighborhood scale convenience and personal service type businesses). Staff has concern that should the commercial center element be left until the end of the project (or up to 6-years from the 1,200th residential unit with no minimum square footage as stipulated in the revised proffer) the developer will have no incentive to develop a high-quality commercial area with uses that are complementary to and intended to serve the residences in the community. Note: the original proffer statement (REZ #06-03) required within 18-months of the 1,200th residential unit, 60,000 square feet of commercial uses be provided. This requirement has already been triggered based on the current number of units developed, and the developer is within that 18-month time frame to develop 60,000 SF for commercial uses. • Proffer 14: Revision to “Rent Free County Office Space” to remove proffer in its entirety. Staff Comment: As proposed, the removal of the “rent free office space” requirement does not fulfill the original intent of the proffer as approved in 2003, or provide a new proffered alternative, to offset the impact of the development on general County government. Other Review Agency Comments: Review Agency Comment Issuance Date Status and Comment Summary Virginia Department of Transportation (VDOT) February 1, 2024 No objections to the proposed modifications. Frederick County (FC) Attorney March 5, 2024 Acceptable legal form. FC Public Works November 29, 2023 No comments. FC Fire Marshal February 2, 2024 “Any and all future development shall comply with all applicable Fire and Life Safety Codes of Frederick County. This shall include fire department access in the design of recreational facilities.” FC Parks & Recreation February 10, 2024 No comments. Frederick Water February 12, 2024 “The application’s Impact Statement is silent on the projected quantities of water and sewer generation from the proposed proffer amendment, but the anticipated land use changes are not expected to deviate from current planned land uses in terms of daily water demands. Please keep in mind that water supplies and sanitary sewer conveyance capacities change daily; with each new customer connection brings 22 Rezoning #03-24 Snowden Bridge & Stephenson Village II April 8, 2024 Page 12 additional demands and generated flows. Additional upgrades to the sanitary sewer system may be necessary for the project to connect and contribute to the system once the site’s sanitary sewer generations are known.” See comment letter for all Frederick Water comments. Frederick County Public Schools (FCPS) February 21, 2024 “We note that 240 units are proposed to be changed from age-restricted units to market rate units, units where children could live. This change would impact Jordan Springs Elementary School, James Wood Middle School, and James Wood High School. Enrollment at James Wood HS currently exceeds capacity. We project that current construction at James Wood HS will add enough capacity to meet enrollment until the Fall of 2029, at which time enrollment will once again exceed capacity. Enrollment at James Wood MS is currently under capacity. We project that enrollment there will exceed capacity beginning in the Fall of 2024. Enrollment at Jordan Springs ES currently exceeds capacity and is projected to remain that way. Please refer to the County's Development Impact Model for the estimated fiscal impacts of these changes.” See comment letter for all FCPS comments. Following a discussion, a recommendation from the Planning Commission 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. 23 WOODS MILLSubdivision HUNTSBERRYSubdivision SNOWDEN BRIDGESubdivision MILBURNSUBDIVISIONSubdivision 44 A 31A 44 A 31B 44 A 293 958REDBUD RD 1023REDBUD RD 1071REDBUD RD 1105REDBUD RD 1141REDBUD RD 1161REDBUD RD 1177REDBUD RD 1203REDBUD RD 181SETTLERS LN 133SETTLERS LN 182WOODSMILL DR 743WOODSMILL RD 896REDBUD RD 933REDBUD RD 1119REDBUD RD 150SETTLERS LN921REDBUD RD 300WOODSMILL DR 260WOODS MILL RD 819REDBUD RD 855REDBUD RD 1015REDBUD RD 1073REDBUD RD 221SETTLERS LN 200SETTLERS LN 281WOODSMILL DR 306WOODSMILL DR 861REDBUD RD 1009REDBUD RD 358WOODSMILL DR 795REDBUD RD 300MARQUIS CT 144LICK RUNCROSSING 341WOODSMILL RD 362WOODSMILL RD 777REDBUD RD 757REDBUD RD 188MARQUIS CT 335MARQUIS CT 261LICK RUNCROSSING 223LICK RUNCROSSING 735REDBUD RD 232MILBURN RD 209MARQUIS CT 209MARQUIS CT 235LICK RUNCROSSING 270LICK RUNCROSSING 288MILBURN RD 289LICK RUNCROSSING 274LICK RUNCROSSING 290LICK RUNCROSSING230MILBURN RD 230MILBURN RD 242BARRISTER ST 531PARKLAND DR 101PROSPECT DR 228BARRISTER ST 222BARRISTER ST 522PARKLAND DR 562MILBURN RD 562MILBURN RD 150NORLAND KNOLL DR 207BARRISTER ST 513PARKLAND DR 201PROSPECT DR 324STARRYWAY DR 400PARKLAND DR 103LINDYWAY 301PROSPECT DR 141GALAXY PL 110STARRY WAY DR205STARRYWAY DR 229NORLAND KNOLL DR 102STARRY WAY DR 231PATRIOT ST 207PATRIOT ST 206PATRIOT ST 140FARMHOUSE CT 112POINSETTIAWAY 105NOTIONS CT 104HEYFORD DR 110SEESAW CT 120GRISTMILL CT 386MILBURN RD 106DOMINO CT 116SETTING SUN CT 110FARMHOUSE CT 125FARMHOUSE CT124FARMHOUSE CT 106TEMPLE CT 205SAWTOOTH DR 100FIESTA DR 102FARMHOUSE CT 105STARBURST ST 103SETTINGSUN CT 215NORTHUMBERLAND DR 103PRAIRIE PL 102PRAIRIE PL 102FLYFOOT DR 113DUTCHMAN CT 776OLD CHARLESTOWN SANTAFE CTSEESAWCTARROWCROWNCTCHURNDASHWAYPRICKLYPEAR PLCENTENNIALDR ALAM O PLGRETCHENCTPINTANGLECTCASTAWAYPL GARRETCTDEWEYWAYS PL ENDORGAR DE NWAYBAILY WAYEDELWEISSWAY ORIGAMIWAY GOSHEN PLLEAVENWORTHCT B A R R E LWA Y KEYSTONELNSTARBURST ST CENTIFOUR DRDUTCHM ANCTJITTERBUGWAY VAL I SEWAYHEYFORDDRGALAXYPLBLACKFORDDRWAGTAILLN BALKANCTHOURGLASS LN CARNATIONWAYWEBSTERCTMAGPIELN MOSAIC CTSUNFLOWERWAYSTATESMAN DRSAWTOOTH DRSTARRY WAY DRMANIL A P LPINWHEEL CTLINDY WAY CROFTON CT OLEANDERCTBARRISTER STNORTHUMBERLAND DRSETTING SUN CT FIESTADR LATTICEDR CAVALIERLN GRANITERIDGE DR PARKLAND DR ROOFTOP CT FA R M H O U SECT NORLAND KNOLL DR PATRIOT ST WOODSMILL DRSNOWDENBRIDGEBLVDSETTLERS LN MARQUISCT MCCANNS RD LICK RUN XING REDBUD RDP R OS P E C T D R MILBURN RDApplication Sewer and Water Service A rea Parcels Future Rt 37 Bypass M1 (Light Industrial District) TM (Technology-Manufacturing Par k District) R4 (Residential Planned Com muni ty District)µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: March 28, 2024BATIKWAYSNOWDENBRIDGEBLVDHEYFORD DRSAWTOOTHDRSTARRYWAY DRNORLANDKNOLL DR GRANITE RIDGE DR MORRISONSRDNORMANDRMARTINSBURG PIKEEZRA LNMARQUISCT JORDAN SPRI NGS RDMILBURN RDMCCANNSRD WOODS MILL RDREDBUD RD Stephenson 0 1,100 2,200550 Feet R E Z # 0 3 - 2 4 : S n o w d e n B r i d g e a n d S t e p h e n s o n V i l l a g e I IPINs: 4 4 - A - 2 9 3 , 4 4 - A - 3 1 A , 4 4 - A - 3 1 BRezoning f r o m R 4 to R 4 w it h P ro f fe r M o d i f ic a t i o nZoning M a p REZ #03-24 REZ #03-24 REZ #03-24 24 WOODS MILLSubdivision HUNTSBERRYSubdivision SNOWDEN BRIDGESubdivision MILBURNSUBDIVISIONSubdivision 44 A 31A 44 A 31B 44 A 293 958REDBUD RD 1023REDBUD RD 1071REDBUD RD 1105REDBUD RD 1141REDBUD RD 1161REDBUD RD 1177REDBUD RD 1203REDBUD RD 181SETTLERS LN 133SETTLERS LN 182WOODSMILL DR 743WOODSMILL RD 896REDBUD RD 933REDBUD RD 1119REDBUD RD 150SETTLERS LN921REDBUD RD 300WOODSMILL DR 260WOODS MILL RD 819REDBUD RD 855REDBUD RD 1015REDBUD RD 1073REDBUD RD 221SETTLERS LN 200SETTLERS LN 281WOODSMILL DR 306WOODSMILL DR 861REDBUD RD 1009REDBUD RD 358WOODSMILL DR 795REDBUD RD 300MARQUIS CT 144LICK RUNCROSSING 341WOODSMILL RD 362WOODSMILL RD 777REDBUD RD 757REDBUD RD 188MARQUIS CT 335MARQUIS CT 261LICK RUNCROSSING 223LICK RUNCROSSING 735REDBUD RD 232MILBURN RD 209MARQUIS CT 209MARQUIS CT 235LICK RUNCROSSING 270LICK RUNCROSSING 288MILBURN RD 289LICK RUNCROSSING 274LICK RUNCROSSING 290LICK RUNCROSSING230MILBURN RD 230MILBURN RD 242BARRISTER ST 531PARKLAND DR 101PROSPECT DR 228BARRISTER ST 222BARRISTER ST 522PARKLAND DR 562MILBURN RD 562MILBURN RD 150NORLAND KNOLL DR 207BARRISTER ST 513PARKLAND DR 201PROSPECT DR 324STARRYWAY DR 400PARKLAND DR 103LINDYWAY 301PROSPECT DR 141GALAXY PL 110STARRY WAY DR205STARRYWAY DR 229NORLAND KNOLL DR 102STARRY WAY DR 231PATRIOT ST 207PATRIOT ST 206PATRIOT ST 140FARMHOUSE CT 112POINSETTIAWAY 105NOTIONS CT 104HEYFORD DR 110SEESAW CT 120GRISTMILL CT 386MILBURN RD 106DOMINO CT 116SETTING SUN CT 110FARMHOUSE CT 125FARMHOUSE CT124FARMHOUSE CT 106TEMPLE CT 205SAWTOOTH DR 100FIESTA DR 102FARMHOUSE CT 105STARBURST ST 103SETTINGSUN CT 215NORTHUMBERLAND DR 103PRAIRIE PL 102PRAIRIE PL 102FLYFOOT DR 113DUTCHMAN CT 776OLD CHARLESTOWN SANTAFE CTSEESAWCTARROWCROWNCTCHURNDASHWAYPRICKLYPEAR PLCENTENNIALDR ALAM O PLGRETCHENCTPINTANGLECTCASTAWAYPL GARRETCTDEWEYWAYS PL ENDORGAR DE NWAYBAILY WAYEDELWEISSWAY ORIGAMIWAY GOSHEN PLLEAVENWORTHCT B A R R E LWA Y KEYSTONELNSTARBURST ST CENTIFOUR DRDUTCHM ANCTJITTERBUGWAY VAL I SEWAYHEYFORDDRGALAXYPLBLACKFORDDRWAGTAILLN BALKANCTHOURGLASS LN CARNATIONWAYWEBSTERCTMAGPIELN MOSAIC CTSUNFLOWERWAYSTATESMAN DRSAWTOOTH DRSTARRY WAY DRMANIL A P LPINWHEEL CTLINDY WAY CROFTON CT OLEANDERCTBARRISTER STNORTHUMBERLAND DRSETTING SUN CT FIESTADR LATTICEDR CAVALIERLN GRANITERIDGE DR PARKLAND DR ROOFTOP CT FA R M H O U SECT NORLAND KNOLL DR PATRIOT ST WOODSMILL DRSNOWDENBRIDGEBLVDSETTLERS LN MARQUISCT MCCANNS RD LICK RUN XING REDBUD RDP R OS P E C T D R MILBURN RDApplication Sewer and Water Service A rea Parcels Future Rt 37 Bypass µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: March 28, 2024BATIKWAYSNOWDENBRIDGEBLVDHEYFORD DRSAWTOOTHDRSTARRYWAY DRNORLANDKNOLL DR GRANITE RIDGE DR MORRISONSRDNORMANDRMARTINSBURG PIKEEZRA LNMARQUISCT JORDAN SPRI NGS RDMILBURN RDMCCANNSRD WOODS MILL RDREDBUD RD Stephenson 0 1,100 2,200550 Feet R E Z # 0 3 - 2 4 : S n o w d e n B r i d g e a n d S t e p h e n s o n V i l l a g e I IPINs: 4 4 - A - 2 9 3 , 4 4 - A - 3 1 A , 4 4 - A - 3 1 BRezoning f r o m R 4 to R 4 w it h P ro f fe r M o d i f ic a t i o nLocation M a p REZ #03-24 REZ #03-24 REZ #03-24 25 WOODS MILLSubdivision HUNTSBERRYSubdivision SNOWDEN BRIDGESubdivision MILBURNSUBDIVISIONSubdivision 44 A 31A 44 A 31B 44 A 293 958REDBUD RD 1023REDBUD RD 1071REDBUD RD 1105REDBUD RD 1141REDBUD RD 1161REDBUD RD 1177REDBUD RD 1203REDBUD RD 181SETTLERS LN 133SETTLERS LN 182WOODSMILL DR 743WOODSMILL RD 896REDBUD RD 933REDBUD RD 1119REDBUD RD 150SETTLERS LN921REDBUD RD 300WOODSMILL DR 260WOODS MILL RD 819REDBUD RD 855REDBUD RD 1015REDBUD RD 1073REDBUD RD 221SETTLERS LN 200SETTLERS LN 281WOODSMILL DR 306WOODSMILL DR 861REDBUD RD 1009REDBUD RD 358WOODSMILL DR 795REDBUD RD 300MARQUIS CT 144LICK RUNCROSSING 341WOODSMILL RD 362WOODSMILL RD 777REDBUD RD 757REDBUD RD 188MARQUIS CT 335MARQUIS CT 261LICK RUNCROSSING 223LICK RUNCROSSING 735REDBUD RD 232MILBURN RD 209MARQUIS CT 209MARQUIS CT 235LICK RUNCROSSING 270LICK RUNCROSSING 288MILBURN RD 289LICK RUNCROSSING 274LICK RUNCROSSING 290LICK RUNCROSSING230MILBURN RD 230MILBURN RD 242BARRISTER ST 531PARKLAND DR 101PROSPECT DR 228BARRISTER ST 222BARRISTER ST 522PARKLAND DR 562MILBURN RD 562MILBURN RD 150NORLAND KNOLL DR 207BARRISTER ST 513PARKLAND DR 201PROSPECT DR 324STARRYWAY DR 400PARKLAND DR 103LINDYWAY 301PROSPECT DR 141GALAXY PL 110STARRY WAY DR205STARRYWAY DR 229NORLAND KNOLL DR 102STARRY WAY DR 231PATRIOT ST 207PATRIOT ST 206PATRIOT ST 140FARMHOUSE CT 112POINSETTIAWAY 105NOTIONS CT 104HEYFORD DR 110SEESAW CT 120GRISTMILL CT 386MILBURN RD 106DOMINO CT 116SETTING SUN CT 110FARMHOUSE CT 125FARMHOUSE CT124FARMHOUSE CT 106TEMPLE CT 205SAWTOOTH DR 100FIESTA DR 102FARMHOUSE CT 105STARBURST ST 103SETTINGSUN CT 215NORTHUMBERLAND DR 103PRAIRIE PL 102PRAIRIE PL 102FLYFOOT DR 113DUTCHMAN CT 776OLD CHARLESTOWN SANTAFE CTSEESAWCTARROWCROWNCTCHURNDASHWAYPRICKLYPEAR PLCENTENNIALDR ALAM O PLGRETCHENCTPINTANGLECTCASTAWAYPL GARRETCTDEWEYWAYS PL ENDORGAR DE NWAYBAILY WAYEDELWEISSWAY ORIGAMIWAY GOSHEN PLLEAVENWORTHCT B A R R E LWA Y KEYSTONELNSTARBURST ST CENTIFOUR DRDUTCHM ANCTJITTERBUGWAY VAL I SEWAYHEYFORDDRGALAXYPLBLACKFORDDRWAGTAILLN BALKANCTHOURGLASS LN CARNATIONWAYWEBSTERCTMAGPIELN MOSAIC CTSUNFLOWERWAYSTATESMAN DRSAWTOOTH DRSTARRY WAY DRMANIL A P LPINWHEEL CTLINDY WAY CROFTON CT OLEANDERCTBARRISTER STNORTHUMBERLAND DRSETTING SUN CT FIESTADR LATTICEDR CAVALIERLN GRANITERIDGE DR PARKLAND DR ROOFTOP CT FA R M H O U SECT NORLAND KNOLL DR PATRIOT ST WOODSMILL DRSNOWDENBRIDGEBLVDSETTLERS LN MARQUISCT MCCANNS RD LICK RUN XING REDBUD RDP R OS P E C T D R MILBURN RDApplication Sewer and Water Service A rea Parcels Future Rt 37 Bypass Long R ange Land Use Industrial Rural Community Center Sensitive Natural Areas Planned Unit Development Recreation µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: March 28, 2024BATIKWAYSNOWDENBRIDGEBLVDHEYFORD DRSAWTOOTHDRSTARRYWAY DRNORLANDKNOLL DR GRANITE RIDGE DR MORRISONSRDNORMANDRMARTINSBURG PIKEEZRA LNMARQUISCT JORDAN SPRI NGS RDMILBURN RDMCCANNSRD WOODS MILL RDREDBUD RD Stephenson 0 1,100 2,200550 Feet R E Z # 0 3 - 2 4 : S n o w d e n B r i d g e a n d S t e p h e n s o n V i l l a g e I IPINs: 4 4 - A - 2 9 3 , 4 4 - A - 3 1 A , 4 4 - A - 3 1 BRezoning f r o m R 4 to R 4 w it h P ro f fe r M o d i f ic a t i o nLocation M a p REZ #03-24 REZ #03-24 REZ #03-24 26 FIRST AMENDMENT TO PROFFER STATEMENT REZONING: #06-03 PROPERTY: Portions of Tax Map Nos. 44-A-293; 44-A-31A; 44- A-31B RECORD OWNERS: Brookfield Stephenson Village, L.L.C. Snowden Bridge Holdings, L.L.C. (collectively “Owner”) PROJECT NAME: Snowden Bridge and Stephenson Village II ORIGINAL DATE OF PROFFERS: January 8, 2003, revised through September 3, 2003 REVISION DATE: March 22, 2024 The undersigned Owner hereby submits its First Amendment to Proffer Statement, which First Amendment states that the following conditions, to the extent amended, shall supersede the indicated provisions of the Proffer Statement on the Properties that have been made prior hereto. In the event that the above-referenced First Amendment to Proffer Statement is not granted as applied for by the Owner, this First Amendment to Proffer Statement shall be deemed withdrawn and shall be null and void. All other proffers not subject to this amendment remain in full force and effect and unchanged as approved with REZ #06-03. The following sections of the Proffer Statement dated January 8, 2003, revised through September 3, 2003 are amended as follows: References to the Master Development Plan, hereinafter referred to as the Generalized Development Plan, as required by the Frederick County Zoning Ordinance, are to be interpreted to be references to the specific Generalized Development Plan sheets prepared by Greenway Engineering dated September 3, 2003 and revised through March 22, 2024, attached hereto and incorporated herein by reference as “Exhibit A.” Revision to Uses, Density and Mix of Housing Types Proffer 3(A)(2) The Land Bay Breakdown chart in Uses, Density and Mix of Housing Types Proffer 3(A)(2) is replaced in its entirety with the following: 27 2 LAND BAY BREAKDOWN LAND BAY LAND USE ACREAGE % OF TOTAL HOUSING UNIT TYPES MIN. MAX. I ELEMENTARY SCHOOL 20 Ac. +/- NA NA II COMMUNITY PARK (6 baseball fields & 6 soccer fields) 24 Ac. +/- NA NA III MIXED RESIDENTIAL: 475497 Ac. +/- Convenience Commercial/Daycare 71.5 Ac.*+/- NA NA SFD (Housing Unit Type 1, 2, 4, 5, RP District, SFD & Active Adult) 30 53 Townhouse (Housing Unit Type 6 & RP District Townhouse) 10 3040 Multifamily: (Condominiums, Elderly Housing, Housing Unit Type 3-Cottage House & RP District Duplex, Multiplex, Atrium, Garden Apartment & Active Adult) 75 30 IV ACTIVE ADULT: SFD (Housing Unit Type 1, 2, & 5) Townhouse (Housing Unit Type 6) Multifamily (Condominiums, Elderly Housing, Housing Unit Type 3-Cottage House) 126104 Ac. +/- 3020 53 V COMMERCIAL CENTER (Commercial Retail, & Office & Public Satellite Facility) 26 31.5 Ac.*+/- NA NA Revision to Applicant to Pay 100% of Capital Facility Impacts Proffer 4 The following paragraph shall be added to Applicant to Pay 100% of Capital Facility Impacts Proffer 4: Owner proffers that the per unit monetary proffer for each non-age restricted residential unit constructed on the Property shall be $15,000.00 commencing with the 1,766 non-age restricted residential unit. Revision to Recreation Amenities and Linear Park Proffer 9(A) 28 3 The following paragraph shall be added to Recreational Amenities and Linear Park Proffer 9(A): Owner shall construct one (1) additional recreation center for the non-age restricted recreational component of Stephenson Village II with in the Land Bay identified as Land Bay III as shown on the Generalized Development Plan (Exhibit A), for the use of the residents of the Property, Snowden Bridge, and Stephenson Village II and as determined by the Home Owners Association. Owner shall have the sole and absolute right to determine within said land bay, where the facility shall be located. Owner shall designate the exact location of the above facility on the Site Plan. The recreational center shall include a swimming pool, restroom and locker room facilities, an approximately 1,200 square foot fitness center, a multi-use court, and a tennis/pickleball court. The facility shall be fully bonded prior to the issuance of the 1,450th building permit. Work on this facility shall commence prior to the issuance of the 1,550th non-age restricted building permit and be completed prior to the issuance of the 1,700th building permit for the non-age restricted housing products. Revision to Commercial Center Proffer 13(F) Commercial Center Proffer 13(F) shall be deleted in its entirety and replaced with the following language: The Applicant has identified an area as shown on the Generalized Development Plan (Exhibit A) for a commercial center. The development of 60,000 square feet of commercial space will begin with the commercial center no later than the issuance of the 1,200 th non-age restricted residential building permit with completion of this commercial space within 18 months. The Applicant will be allowed to extend the commencement of commercial construction for an additional two year period if any one of the following circumstances has occurred: An elementary school has not been constructed on the Property, or a building permit is obtained for the development of a new grocery store within a three mile radius of commercial center within Stephenson Village. Owner has identified an area as shown on the Generalized Development Plan (Exhibit A) for a commercial center. Owner proffers that the development of commercial space will begin no later than six years from the issuance of the 1,200th non-age restricted residential building permit. Revision to Rent Free County Office Space Proffer 14 Rent Free County Office Space Proffer 14 shall be deleted in its entirety. The Applicant shall provide up to 2,500 square feet of shell space for a 10 year period rent free exclusive of utility and common area maintenance (CAM) charges in the commercial center for the location of a Public Service Satellite Facility for Frederick County. The shell space shall be made available and commence upon the completion of the base building in which the space is located. Frederick County must complete build out and occupy the space within two (2) years of the completion of the base building. If Frederick County fails to build out and occupy the space within the two (2) year period then the space will revert to the Applicant. 29 5 Respectfully submitted, BROOKFIELD STEPHENSON VILLAGE, L.L.C. By: Neil Patel Its: Vice President of Land Development COMMONWEALTH/STATE OF __________________, AT LARGE CITY/COUNTY OF _____________________, to-wit: The foregoing instrument was acknowledged before me this __ day of _______________, 2024, by Neil Patel, Vice President of Land Development of BROOKFIELD STEPHENSON VILLAGE, L.L.C. NOTARY PUBLIC My commission expires: Registration Number: 30 6 SNOWDEN BRIDGE HOLDINGS, L.L.C. By: Neil Patel Its: Vice President of Land Development COMMONWEALTH/STATE OF __________________, AT LARGE CITY/COUNTY OF _____________________, to-wit: The foregoing instrument was acknowledged before me this __ day of _______________, 2024, by Neil Patel, Vice President of Land Development of SNOWDEN BRIDGE HOLDINGS, L.L.C. NOTARY PUBLIC My commission expires: Registration Number: 31 FIRST AMENDMENT TO PROFFER STATEMENT REZONING: #06-03 PROPERTY: Portions of Tax Map Nos. 44-A-293; 44-A-31A; 44- A-31B RECORD OWNERS: Brookfield Stephenson Village, L.L.C. Snowden Bridge Holdings, L.L.C. (collectively “Owner”) PROJECT NAME: Snowden Bridge and Stephenson Village II ORIGINAL DATE OF PROFFERS: January 8, 2003, revised through September 3, 2003 REVISION DATE: March 22, 2024 The undersigned Owner hereby submits its First Amendment to Proffer Statement, which First Amendment states that the following conditions, to the extent amended, shall supersede the indicated provisions of the Proffer Statement on the Properties that have been made prior hereto. In the event that the above-referenced First Amendment to Proffer Statement is not granted as applied for by the Owner, this First Amendment to Proffer Statement shall be deemed withdrawn and shall be null and void. All other proffers not subject to this amendment remain in full force and effect and unchanged as approved with REZ #06-03. The following sections of the Proffer Statement dated January 8, 2003, revised through September 3, 2003 are amended as follows: References to the Master Development Plan, hereinafter referred to as the Generalized Development Plan, as required by the Frederick County Zoning Ordinance, are to be interpreted to be references to the specific Generalized Development Plan sheets prepared by Greenway Engineering dated September 3, 2003 and revised through March 22, 2024, attached hereto and incorporated herein by reference as “Exhibit A.” Revision to Uses, Density and Mix of Housing Types Proffer 3(A)(2) The Land Bay Breakdown chart in Uses, Density and Mix of Housing Types Proffer 3(A)(2) is replaced in its entirety with the following: 32 2 LAND BAY BREAKDOWN LAND BAY LAND USE ACREAGE % OF TOTAL HOUSING UNIT TYPES MIN. MAX. I ELEMENTARY SCHOOL 20 Ac. +/- NA NA II COMMUNITY PARK 24 Ac. +/- NA NA III MIXED RESIDENTIAL: 497 Ac. +/- Daycare 1.5 Ac.+/- NA NA SFD (Housing Unit Type 1, 2, 4, 5, RP District, SFD & Active Adult) 30 53 Townhouse (Housing Unit Type 6 & RP District Townhouse) 10 40 Multifamily: (Condominiums, Elderly Housing, Housing Unit Type 3-Cottage House & RP District Duplex, Multiplex, Atrium, Garden Apartment & Active Adult) 5 30 IV ACTIVE ADULT: SFD (Housing Unit Type 1, 2, & 5) Townhouse (Housing Unit Type 6) Multifamily (Condominiums, Elderly Housing, Housing Unit Type 3-Cottage House) 104 Ac. +/- 20 53 V COMMERCIAL CENTER (Retail, & Office) 31.5 Ac. +/- NA NA Revision to Applicant to Pay 100% of Capital Facility Impacts Proffer 4 The following paragraph shall be added to Applicant to Pay 100% of Capital Facility Impacts Proffer 4: Owner proffers that the per unit monetary proffer for each non-age restricted residential unit constructed on the Property shall be $15,000.00 commencing with the 1,766 non-age restricted residential unit. Revision to Recreation Amenities and Linear Park Proffer 9(A) The following paragraph shall be added to Recreational Amenities and Linear Park Proffer 9(A): 33 3 Owner shall construct one (1) additional recreation center for the non-age restricted recreational component of Stephenson Village II with in the Land Bay identified as Land Bay III as shown on the Generalized Development Plan (Exhibit A), for the use of the residents of the Property, Snowden Bridge, and Stephenson Village II and as determined by the Home Owners Association. Owner shall have the sole and absolute right to determine within said land bay, where the facility shall be located. Owner shall designate the exact location of the above facility on the Site Plan. The recreational center shall include a swimming pool, restroom and locker room facilities, an approximately 1,200 square foot fitness center, a multi-use court, and a tennis/pickleball court. The facility shall be fully bonded prior to the issuance of the 1,450th building permit. Work on this facility shall commence prior to the issuance of the 1,550th non-age restricted building permit and be completed prior to the issuance of the 1,700th building permit for the non-age restricted housing products. Revision to Commercial Center Proffer 13(F) Commercial Center Proffer 13(F) shall be deleted in its entirety and replaced with the following language: Owner has identified an area as shown on the Generalized Development Plan (Exhibit A) for a commercial center. Owner proffers that the development of commercial space will begin no later than six years from the issuance of the 1,200th non-age restricted residential building permit. Revision to Rent Free County Office Space Proffer 14 Rent Free County Office Space Proffer 14 shall be deleted in its entirety. [remainder of page intentionally left blank] 34 35 36 37 PROJECT SUMMARY PAGE Capital Impacts Model Frederick County, Virginia SUMMARY OF PROJECT INPUTS SUMMARY OF PROJECT OUTPUTS Project Name Stephenson Village 2 - AProject Name Stephenson Village 2 - Amendment Project Location Parameters CAPITAL COST IMPACTS FOR DEVELOPMENT PROPOSAL General Service Area Urban RESIDENTIAL NONRESIDENTIAL TOTAL School or School Region Elementary Region Jordan Springs Housing Units 240 240 Middle School Region James Wood MS Projected Population 629 629 High School James Wood HS Projected Students Projected Elementary School Students 37.2 37.2 Fire & Rescue Service Area Clear Brook Projected Middle School School Students 21.8 21.8 Projected High School Students 30.2 30.2 Library Region Urban Projected Total Students 89.3 89.3 Nonresidential Sq. Ft.13,750 13,750 Park Region Urban Projected Jobs 32 32 Number of Dwelling Units Total for the Development Proposal FULL CAPITAL IMPACT CAPACITY TRIGGERED Single Family-Detached 240 INFRASTRUCTURE CATEGORY RESIDENTIAL NONRESIDENTIAL TOTAL RESIDENTIAL NONRESIDENTIAL TOTAL Single Family-Attached 0 *SCHOOLS $5,767,750 $0 $5,767,750 $4,628,728 $0 $4,628,728 Multifamily 0 *PARKS AND RECREATION $361,969 $0 $361,969 $176,347 $0 $176,347 Age-Restricted Single Family 0 *SHERIFF $112,348 $5,501 $117,849 $59,736 $0 $59,736 Additional Housing Unit 0 *FIRE $946,973 $46,155 $993,128 $9,432 $394 $9,826 TOTAL DWELLING UNITS 240 *ANIMAL PROTECTION $16,506 $0 $16,506 $0 $0 $0 LIBRARIES $85,498 $0 $85,498 $0 $0 $0 GEN. GOVT $178,265 $8,909 $187,174 $178,265 $8,909 $187,174 Amount of Nonresidential Square Footage (Gross)COURTS $47,858 $5,178 $53,036 $47,858 $5,178 $53,036 ENV. SRVCS.$33,012 $0 $33,012 $33,012 $0 $33,012 Retail 13,750 GRAND TOTAL CAPITAL COSTS $7,550,179 $65,743 $7,615,922 $5,133,378 $14,481 $5,147,859 Office and Other Services 0 Industrial 0 *CASH PROFFER CATEGORIES $7,205,546 $51,656 $7,257,202 $4,874,243 $0 $4,874,243 Institutional 0 * Cash proffer categories limited to public safety facilities, school facilities, and parks & rec facilities TOTAL NONRESIDENTIAL SQUARE FOOTAGE 13,750 Grand Total Capital Costs $31,459 $4,781 $21,389 $1,053 Cash Proffer Categories $30,023 $3,757 $20,309 $0 Frederick County Capital Impacts Model Developed by TischlerBise © 2019 Frederick County Capital Impacts Model Run on 1/30/2024 Frederick County Capital Impacts Model Developed by TischlerBise © 2019 Frederick County Capital Impacts Model Run on 1/30/2024 FULL CAPITAL IMPACT CAPACITY TRIGGERED Residential, per unit Nonresidential, per 1,000 sq. ft.Average Cost Per Unit Residential, per unit per 1,000 sq. ft. Frederick County Capital Impacts Model_2023 FINAL Printed on 1/30/2024 Page 1 of 1 38 PROJECT SUMMARY PAGE Capital Impacts Model Frederick County, Virginia SUMMARY OF PROJECT INPUTS SUMMARY OF PROJECT OUTPUTS Project Name Stephenson Village 2 - AProject Name Stephenson Village 2 - Amendment Project Location Parameters CAPITAL COST IMPACTS FOR DEVELOPMENT PROPOSAL General Service Area Urban RESIDENTIAL NONRESIDENTIAL TOTAL School or School Region Elementary Region Jordan Springs Housing Units 240 240 Middle School Region James Wood MS Projected Population 629 629 High School James Wood HS Projected Students Projected Elementary School Students 45.1 45.1 Fire & Rescue Service Area Clear Brook Projected Middle School School Students 20.4 20.4 Projected High School Students 22.3 22.3 Library Region Urban Projected Total Students 87.8 87.8 Nonresidential Sq. Ft.13,750 13,750 Park Region Urban Projected Jobs 32 32 Number of Dwelling Units Total for the Development Proposal FULL CAPITAL IMPACT CAPACITY TRIGGERED Single Family-Detached 0 INFRASTRUCTURE CATEGORY RESIDENTIAL NONRESIDENTIAL TOTAL RESIDENTIAL NONRESIDENTIAL TOTAL Single Family-Attached 240 *SCHOOLS $5,387,563 $0 $5,387,563 $4,323,642 $0 $4,323,642 Multifamily 0 *PARKS AND RECREATION $361,969 $0 $361,969 $176,347 $0 $176,347 Age-Restricted Single Family 0 *SHERIFF $112,348 $5,501 $117,849 $59,736 $0 $59,736 Additional Housing Unit 0 *FIRE $946,973 $46,155 $993,128 $9,432 $394 $9,826 TOTAL DWELLING UNITS 240 *ANIMAL PROTECTION $16,506 $0 $16,506 $0 $0 $0 LIBRARIES $85,498 $0 $85,498 $0 $0 $0 GEN. GOVT $178,265 $8,909 $187,174 $178,265 $8,909 $187,174 Amount of Nonresidential Square Footage (Gross)COURTS $47,858 $5,178 $53,036 $47,858 $5,178 $53,036 ENV. SRVCS.$33,012 $0 $33,012 $33,012 $0 $33,012 Retail 13,750 GRAND TOTAL CAPITAL COSTS $7,169,992 $65,743 $7,235,735 $4,828,292 $14,481 $4,842,773 Office and Other Services 0 Industrial 0 *CASH PROFFER CATEGORIES $6,825,359 $51,656 $6,877,015 $4,569,157 $0 $4,569,157 Institutional 0 * Cash proffer categories limited to public safety facilities, school facilities, and parks & rec facilities TOTAL NONRESIDENTIAL SQUARE FOOTAGE 13,750 Grand Total Capital Costs $29,875 $4,781 $20,118 $1,053 Cash Proffer Categories $28,439 $3,757 $19,038 $0 Frederick County Capital Impacts Model Developed by TischlerBise © 2019 Frederick County Capital Impacts Model Run on 1/30/2024 Frederick County Capital Impacts Model Developed by TischlerBise © 2019 Frederick County Capital Impacts Model Run on 1/30/2024 FULL CAPITAL IMPACT CAPACITY TRIGGERED Residential, per unit Nonresidential, per 1,000 sq. ft.Average Cost Per Unit Residential, per unit per 1,000 sq. ft. Frederick County Capital Impacts Model_2023 FINAL Printed on 1/30/2024 Page 1 of 1 39 IMPACT ANALYSIS PROFFER AMENDMENT #1 STEPHENSON VILLAGE FREDERICK COUNTY, VA DECEMBER 12, 2023 SUBMITTED BY: SNOWDEN BRIDGE HOLDINGS, L.L.C. BROOKFIELD STEPHENSON VILLAGE, L.L.C. 3201 JERMANTOWN ROAD, SUITE 150 FAIRFAX, VA 22030 CONTACT: SCOTT GOOKIN Scott.gookin@brookfieldpropertiesdevelopment.com 40 Purpose of Report The purpose of this Impact Analysis is to identify the impacts of the proposed Proffer Amendment #1 on the following:  Surrounding properties  Transportation Infrastructure  Water & Sewer Infrastructure  Population  Stormwater Infrastructure  Environmental Features  Historic Structures  School Facilities  Public Parks and Recreation Facilities  Solid Waste Facilities  Emergency Service Facilities Additionally this report proposes specific and detailed mitigation strategies and measures to address those impacts and ensure mitigation strategies and measures are consistent with applicable law from the 2016/2019 proffer reforms including, but not limited to, Virginia Code 15.2-2303.4. Description of Original Rezoning Stephenson Village (a.k.a. Snowden Bridge) is a 795-acre residential planned community located in Frederick County, VA. The original rezoning #06-03, allowed for development of up to 2,465 residential units, and a minimum of 740 of those residential units (30% of total) are required to be age-restricted located generally along the southern boundary of the community. The project also provided a 20-acre school site, 24-acre park site and up to 250,000 sf of commercial/office (with 60,000 sf guaranteed). Roughly 250 acres of land was provided for open space. To date 1,233 residential units have been developed on the north half of the community by Brookfield Stephenson Village, L.L.C. (“Brookfield”). Development of the remaining 1,232 residential units started in early 2023 with delivery of first homes anticipated in first quarter of 2024. Both the school and park sites have been provided to the Board of Supervisors. Jordan Springs Elementary School opened in 2020. Well in excess of the minimum proffered requirements, Brookfield provided the Snowden Bridge Community Association (the master HOA) a robust package of amenities including miles of paved walking trails, a resort-style pool and water park, bathhouse, clubhouse and meeting space, two indoor tennis/basketball courts, two tot lots, dog park and picnic pavilion. In 2020, a 10,000 sf daycare facility, the Golden Path Academy, opened for business. 41 Proposed Proffer Amendment #1 Proffer Amendment #1 has been submitted for review and requests the following generalized changes to the approved proffer statement. 1. Convert 240 age-restricted units to 240 non-restricted units. The proposed change is generally located in the southeast corner of the community and would change the minimum number of required age-restricted units from 740 to 500. 2. Move 26-acre commercial land bay from its location central to the project to the western boundary closer to existing commercial and industrial development. 3. Delete the requirement to provide 2,500 sf rent-free County office space in the proposed commercial area. 4. Delete the 1,200th unit trigger for development of the commercial area. This Impact Analysis is solely based on the changes outlined above. Surrounding Properties The project is generally surrounded to the north by the existing north half of the Snowden Bridge community, south by low density residential and farm land, east by Jordan Springs and west by developed and planned industrial parcels. The conversion of 240 age-restricted units to non-restricted units will have no additional impact to the surrounding areas. The proposed density and intensity of development is virtually the same as the original approved plan. Moving the commercial area to the western boundary will have a positive impact to adjacent industrial and commercial areas by consolidating similar land uses. Traffic Impacts A Phased Traffic Impact Analysis (TIA) for Stephenson Village was prepared by Patton, Harris, Rust and Associates in February 2003 for purposes of the original rezoning. The TIA assumed 2,793 residential units, a 550-student elementary school, 60,000 sf of office, 190,000 sf of commercial retail with full build-out by 2015 and an annual 5% increase of existing background traffic. According to Table 3 Phase 3 Stephenson Village Trip Generation Study (shown below), the residential portion of the site is expected to generate 21,002 vehicles per day at full build out. This is roughly equivalent to 7.5 vehicles per day per unit blended across the different unit types. 42 More recently, Kittelson & Associates prepared a Technical Memorandum for Snowden Bridge Traffic Count Analysis dated 9/21/23 (attached in Appendix). According to the measured results, the average daily traffic on Snowden Bridge Boulevard in 2023 is 7,095 vehicles per day. The average daily traffic on Flyfoot Drive at the entrance to the Jordan Springs Elementary School is 2,269 vehicles per day. Frederick County Public Schools (FCPS) has stated that approximately half of the students at Jordan Springs Elementary School live in Snowden Bridge. Therefore, it is reasonable to assume that approximately half of the school-related trips on Flyfoot Drive involve off-site students and contributed to trips on Snowden Bridge Boulevard. Not counting trips to the daycare center and subtracting out these off-site trips, the existing Snowden Bridge community is generating an average of 5,961 trips per day from a mix of approximately 1,200 non-restricted single-family detached homes and townhouses. Each unit is generating approximately 5 trips per day blended between the two non-restricted unit types. Projecting this through build-out, it appears the project will generate half the number of trips originally anticipated. Each product type has a unique vehicle trip generation rate. In general, age-restricted units are projected to generate 3.5 to 4 trips per day. Whereas, non-restricted single-family detached and attached units are projected to generate 8.7 to 10 trips per day. A case could be made that converting 240 age-restricted units to non-restricted units would generate 1,400 to 1,500 more trips per day. However, based on actual performance of the first half of the project, the residential portion of the project will never come close to reaching the volumes calculated in the original TIA. Therefore, changes proposed with Proffer Amendment #1 will have no additional impact to the existing and proposed traffic infrastructure. It is also important to note that the original TIA predicted that traffic volumes on Route 11 near I-81 would be 38,000 vehicles per day at full build-out in 2015. According to VDOT data, actual 43 traffic volumes in 2023 for this section of road was 14,000 vehicles per day. Therefore, the projections from the TIA were grossly exaggerated compared to actual numbers. Water & Sewer Impacts Proffer Amendment #1 does not propose any changes to maximum residential unit count or square footage of commercial/office development. Therefore, changes proposed with Proffer Amendment #1 will have no additional impact to the existing and proposed water and sewer infrastructure. Population Proffer Amendment #1 does not propose any changes to maximum residential unit count or square footage of commercial/office development. Therefore, changes proposed with Proffer Amendment #1 will have no additional impact on number of homes in the area. The conversion of 240 age-restricted units to non-restricted will increase the number of public school students. That will specifically be covered in the School Facilities section of this report. Stormwater Impacts Proffer Amendment #1 does not propose any changes to maximum residential unit count, square footage of commercial/office development, densities or intensities of the project. Therefore, changes proposed with Proffer Amendment #1 will have no additional impact on stormwater facilities. Environmental Impacts Proffer Amendment #1 does not propose any changes to maximum residential unit count, square footage of commercial/office development, densities or intensities of the project. All of the environmental features have been protected with conservation easements that were recorded with the first half of the project. Therefore, changes proposed with Proffer Amendment #1 will have no additional impact on environmental features. 44 Historical Structures Proffer Amendment #1 does not propose any changes to maximum residential unit count, square footage of commercial/office development, densities or intensities of the project. Therefore, changes proposed with Proffer Amendment #1 will have no additional impact on historical structures. School Facilities Snowden Bridge is located in the following school district attendance zones.  Jordan Springs Elementary School  James Wood Middle School  James Wood High School Proffer Amendment #1 proposes to convert 240 age-restricted units to 240 non-restricted units. The impact of this change using Frederick County School District generation rates estimates an additional 85 students as determined below. Students Based on Proposed Development Generation Product Lots Factor* Students Single Family 100 0.155 11.5 Townhome 140 0.188 26.3 Total ES Students 38 Single Family 100 0.091 9.1 Townhome 140 0.085 11.9 Total MS Students 21 Single Family 100 0.126 12.6 Townhome 140 0.093 13.0 Total HS Students 26 Total Students 85 Capacity of Existing Schools that serves the proposed project School Capacity Students 22-23 Utilization Available Capacity Jordan Springs ES 500 617 123% 0 James Wood MS 840 828 99% 12 James Wood HS 1,283* 1440 112% 0 *Capacity is planned to be increased to 1,527 with improvements scheduled for Summer 2025 completion. 45 The Frederick County School District includes the following projects in the County’s Capital Improvement Plan. Year School Improvement Total Cost 2024-25 James Wood HS Renovation $73,600,000 2025-26 Jordan Springs ES Classroom Addition $3,700,000 2025-26 4th High School New $137,300,000 2026-27 Jordan Springs ES Gym Addition $1,657,124 Total $216,257,124 Based on a total of 13,875 students in the district, the total cost per student is $15,586 ($216,257,124 ÷ 13,875 students). Brookfield’s pro-rata share of these renovation costs based on the projected number of students being added by Proffer Amendment #1 is $1,324,800 or $5,520 per unit. Unit Type Mkt Rate Units Students Contribution per Student Contribution Per Unit Total Contribution SFD/TH 240 85 $15,586 $5,520 $1,324,800 Brookfield’s current proffer payment for non-restricted units mathematically satisfies its per unit pro-rata share of the renovation costs for the project number of students being added by Proffer Amendment #1. Therefore, current proffer payments for both age-restricted and non-restricted units are still applicable for the project. Public Parks and Recreational Facilities Proffer Amendment #1 does not propose any changes to maximum residential unit count. Therefore, changes proposed with Proffer Amendment #1 will have no additional impact on public parks in the area. Proffer Amendment #1 is proposing a second non-active adult recreation center for Snowden Bridge. The additional recreational center shall include a swimming pool, restroom and locker room facilities, an approximately 1,200 square foot fitness center, a multi-use court, and a tennis/pickleball court. Solid Waste Facilities Proffer Amendment #1 does not propose any changes to maximum residential unit count or square footage of commercial/office development. Therefore, changes proposed with Proffer Amendment #1 will have no additional impact on solid waste facilities in the area. 46 Emergency Services Facilities Proffer Amendment #1 does not propose any changes to maximum residential unit count or square footage of commercial/office development. Therefore, changes proposed with Proffer Amendment #1 will have no additional impact on emergency services in the area. In fact, age- restricted communities historically require higher need for emergency services than non- restricted communities. Therefore, the conversion of units from age-restricted to non-restricted will reduce impacts. Summary of Fiscal Impact Studies Brookfield had two Fiscal Impact Studies prepared by Stephen S. Fuller, Ph.D., Founding Director of The Stephen S. Fuller Institute at George Mason University. The first study contained a look- back analysis of how the first half of Snowden Bridge performed and also projects the impact of the remaining portion to be developed. Per the chart below, Phase 1 had a net negative impact of $2.2M on the County budget. However, Phase 2 development estimates a net positive impact of $1.3M. It is important to note that Phase 1 development included over $9M in cash proffer payments to date as well as dedication of a school site and a park site. This more than offset the negative impact from the first phase. Phase 2 as currently proffered will generate another $6M in estimated proffer payments as well as be cash positive for the County. 47 The second study compares the impact of changes proposed in Proffer Amendment #1. Although the amendment generates additional costs associated with education, they are almost completely negated by higher anticipated revenue generated by the non-restricted residential units. Summary of Findings In summary, we find that current cash per unit proffers for age-restricted units (currently around $2,500 with CPI increases) and non-restricted units (currently around $8,000 with CPI increases) are still appropriate and adequately mitigate impacts to County facilities and the surrounding areas. 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 Frederick Home Frederick County Virginia LIFE AT THE TOP Pay/Lookup Taxes Real Estate Ticket Detail Previous 2023 REAL ESTATE Dept/Ticket#RE2023 / 391120002 Frequency 2 Supplement#0 Name STEPHENSON VILLAGE II LLC Map#44 A 31A Account#8029941 Name 2 Bill Date 04/15/2023 Acreage 386.240 Address 3201 JERMANTOWN RD STE 150 Due Date 12/05/2023 Improvements $0.00 FAIRFAX VA Desc 386.24 ACRES Land Value $3,283,000.00 Land Use $0.00 Zip 22030 2875 Minerals $0.00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 12/06/2023 Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due $8,371.65 ($8,371.65)$0.00 $0.00 $0.00 $0.00 Transaction History Date Type Transaction#Amount Balance 4/15/2023 Charge 0 $8,371.65 $8,371.65 12/6/2023 Principal Paid 12541 ($8,371.65)$0.00 Previous Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Pay FOIA Charges Other Payments ShoppingCart(0) Pin Options Change Email 116 Frederick Home Frederick County Virginia LIFE AT THE TOP Pay/Lookup Taxes Real Estate Ticket Detail Previous 2023 REAL ESTATE Dept/Ticket#RE2023 / 45280002 Frequency 2 Supplement#0 Name BROOKFIELD STEPHENSON VILLAG Map#44 A 31B Account#8048281 Name 2 Bill Date 04/15/2023 Acreage 7.260 Address 3201 JERMANTOWN RD STE 150 Due Date 12/05/2023 Improvements $0.00 FAIRFAX VA Desc 7.26 ACRES Land Value $138,800.00 Land Use $0.00 Zip 22030 2875 Minerals $0.00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 12/06/2023 Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due $353.94 ($353.94)$0.00 $0.00 $0.00 $0.00 Transaction History Date Type Transaction#Amount Balance 4/15/2023 Charge 0 $353.94 $353.94 12/6/2023 Principal Paid 12541 ($353.94)$0.00 Previous Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Pay FOIA Charges Other Payments ShoppingCart(0) Pin Options Change Email 117 Frederick Home Frederick County Virginia LIFE AT THE TOP Pay/Lookup Taxes Real Estate Ticket Detail Previous 2023 REAL ESTATE Dept/Ticket#RE2023 / 45300002 Frequency 2 Supplement#0 Name BROOKFIELD STEPHENSON VILLAG Map#44 A 293 Account#8009168 Name 2 Bill Date 04/15/2023 Acreage 4.720 Address 3201 JERMANTOWN RD STE 150 Due Date 12/05/2023 Improvements $0.00 FAIRFAX VA Desc 4.72 ACRES Land Value $96,800.00 Land Use $0.00 Zip 22030 2875 Minerals $0.00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 12/06/2023 Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due $246.84 ($246.84)$0.00 $0.00 $0.00 $0.00 Transaction History Date Type Transaction#Amount Balance 4/15/2023 Charge 0 $246.84 $246.84 12/6/2023 Principal Paid 12541 ($246.84)$0.00 Previous Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Pay FOIA Charges Other Payments ShoppingCart(0) Pin Options Change Email 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 Planning Commission Agenda Item Detail Meeting Date: April 17, 2024 Agenda Section: Discussion/Information Items Title: Ordinance Amendment - Religious Organization and National Chartered Fraternal Lodges or Civic Clubs, Social Centers and Their Related Club Facilities - (Mrs. Peloquin) Attachments: PC04-17-24OA_PlacesofWorship _FraternalLodges_CivicClubs_ etc.pdf 217 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Planning Commission FROM: Kayla Peloquin, Planner SUBJECT: Ordinance Amendment – Places of Worship & Fraternal Lodges/Civic Clubs/Social Centers DATE: April 1, 2024 Proposal: This is a proposal to update the term “Church” to “Place of Worship” in every instance where “Church” is used. No changes are proposed to the definition. This is a proposal to amend the RA (Rural Areas) District “Permitted uses” section (§165-401.02) to add “Nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities ” as a permitted use. This proposal also moves the additional regulations for the uses from the RP (Residential Performance) District conditional uses list (§165-402.03) to a new subsection in the Additional Regulations for Specific Uses section. No changes are proposed to the existing additional regulations , which are being moved to make the ordinance more consistent in that all additional regulations would be found in §165- 204. This ordinance amendment was initiated by staff. Current Zoning Ordinance Standard: The Zoning Ordinance currently uses the term “Churches” several times throughout the ordinance. The definition of “Church” is “Buildings or structures primarily intended for the conduct of religious services and associated accessory uses.” Given this broad definition, updating the terminology from “Church” to “Place of Worship” helps meet the intent of the definition. The current Zoning Ordinance does not list nationally chartered fraternal lodges or civic clubs, social centers, and their related club facilities as a permitted or conditional use in RA. Many of these facilities currently exist in RA and are believed to predate the Zoning Ordinance. RP Zoning District allows nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities as a conditional use. Meeting Summary & Requested Action: The Development Review & Regulations Committee (DRRC) discussed this item on March 28, 2024 . Members were supportive of the change in terminology from “Church” to “Place of Worship” as it aligns with other jurisdictions and the NAICS terminology. Committee members were supportive of adding “Nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities” to the RA Zoning District and recommended that be changed to a conditional use to be consistent with the RP Zoning District. Requiring CUPs could help mitigate unintended impacts on adjoining residences as these groups may have gatherings during weekdays. Members also stated that this use is similar to a humanitarian aid organizational office, which is allowed by CUP in RA. 218 Places of Worship & Fraternal Lodges/Civic Clubs/Social Centers April 1, 2024 Page 2 Staff is seeking comments from the Planning Commission to forward to the Board of Supervisors for discussion. KLP/pd Attachment: 1. Proposed Changes – Redline 219 Proposed Changes – Places of Worship and Fraternal Lodges/Civic Clubs/Social Centers Revised March 28, 2024 Chapter 165 – Zoning Ordinance ARTICLE 1 GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS Part 101 – General Provisions §165-101.02 Definitions and word usage. CHURCH PLACE OF WORSHIP Buildings or structures primarily intended for the conduct of organized religious services and associated accessory uses. INSTUTUTIONAL USE A nonprofit or quasi-public use or institution, such as a churchplace of worship, library, public or private school, hospital or municipally owned or operated building, structure or land used for public purposes. ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING, BUFFERS; AND REGULATIONS FOR SPECIFIC USES Part 201 – Supplementary Use Regulations §165-201.02 Setback requirements. A. No structure shall be placed in the front, side or rear yard setback areas specified by this chapter. B. The setback for structures is measured from the lot lines of the lots containing the structure. When a lot is adjacent to a road or street right-of-way, the setback shall be measured from the boundary of the right- of-way. Front yard setbacks shall be required wherever a lot abuts a road or street right-of-way. Where a lot abuts a public street or road with a right-of-way width less than would normally be required to create such a road, additional front setback distances may be required to allow for expansion or improvement of that road. In addition, when improvement plans have been adopted for a road or street by the County, additional front setback distances shall be required to allow for the planned road improvement. The additional front setback distances provided on any lot shall be equal to 1/2 of the additional right-of-way width needed to meet the normally required right-of-way width or planned right-of-way width. C. Exceptions to front yard setbacks. Where the average front yard setback distance for adjacent lots is less than the minimum required front yard, the Zoning Administrator may allow a front yard setback distance less than normally required on the lot to be developed. In such cases, the front setback distance for the lot to be developed shall be the average of the minimum front setback distances on developed lots on the same street or road within 200 feet of the lot to be developed. D. Corner lots. On a lot with more than one side abutting a street or road, front setback yards shall be provided wherever the lot abuts a street. To determine the location of side and rear boundaries, the front 220 Proposed Changes – Places of Worship and Fraternal Lodges/Civic Clubs/Social Centers Revised March 28, 2024 shall be deemed to be the shortest side with frontage on the street or road. The rear boundary, with a required rear yard setback, shall be deemed to be opposite from the front side. All other sides not abutting a street shall be deemed to be side boundaries. The Zoning Administrator may determine that a side other than the shortest is the front in order to ensure that the placement of the setback yards conforms with the placement of structures on surrounding lots. In all cases, a front and rear yard shall be designated. E. Accessory uses. Side and rear yard setback distances may be established separately by the district regulations for accessory uses. However, in no case shall the accessory use be placed within the front setback yard required for the primary use on the lot. F. Extensions into setback yards. The following features may extend into setback yards as described: (1) Air conditioners and similar equipment. Air conditioners, heat pumps and similar mechanical equipment that are attached to the primary structure may extend three feet into any side or rear yard area but shall not be closer than five feet to any lot line. (2) Architectural and structural features. Cornices, canopies, awnings, eaves, gutters or other similar overhanging features which are at least eight feet above the grade may extend three feet into any required yard setback area. Chimneys, sills, headers, belt courses and similar structural features may extend three feet into required yard setback areas. (3) Porches and related features. In the RA and MH1 Zoning Districts, balconies, porches, stoops, decks, bay windows, steps and stairways which comprise less than 1/3 of the length of the wall of the primary structure may extend three feet into a required setback yard. In no case shall such features be closer than five feet to a lot line. (4) Retail petroleum pumps. Retail petroleum pumps and canopy supports shall be located at least 20 feet from any road right-of-way boundary. The canopies covering the petroleum pumps shall be no closer than five feet to any road right-of-way. (5) (Reserved) (6) Storage sheds which are attached to townhouses that can only be accessed through an outer entrance and do not exceed 1/4 the width of the dwelling unit may extend 10 feet into a rear or perimeter setback area or the active portion of a required buffer area. (7) Protective entrance canopies. Protective entrance canopies and support columns which are attached to the primary structure may extend into the front yard setback areas for the following uses: funeral homes, schools, churchesplaces of worship, day-care facilities and libraries. The purpose of such canopies is to provide protection to patrons from the elements of weather as the patron enters or exits the structure. In no case shall the canopy or its structure be located closer than 20 feet from a road right-of-way boundary. (8) Handicap-accessible ramps. An unroofed handicap-accessible ramp shall be permitted to encroach into a required yard when there are no other reasonable alternatives for the location of such ramp on the property or other means of ingress/egress into or from the residence as determined by the Frederick County Zoning Administrator. G. Fences, freestanding walls and berms shall be exempt from the setback requirements. H. Structural location survey requirements. The following survey requirements shall be complete for applicable primary and accessory structures within all zoning districts as described: 221 Proposed Changes – Places of Worship and Fraternal Lodges/Civic Clubs/Social Centers Revised March 28, 2024 (1) A surveyor licensed in the Commonwealth of Virginia shall establish the location of any primary structure that is located five feet or less from any minimum setback requirement. (2) A surveyor licensed in the Commonwealth of Virginia shall establish the location of any accessory structure occupying an area of 500 square feet or greater that is located five feet or less from any minimum setback requirement. (3) Information verifying the footing location stakeout shall be provided on the appropriate building permit setback report prior to the approval of the footing for the primary or accessory structure. The surveyor of record shall complete the required information on the building permit setback report and affix his or her professional seal containing the appropriate signature and date. The building permit setback report containing the required footing location stakeout surveyor information shall be posted on the construction site with the building permit hard card at the time of the footing inspection. (4) A midconstruction survey shall be prepared by the surveyor of record once the rough framing of the primary or accessory structure is in place. Rough framing shall include the foundation, all exterior walls and the roof system. The surveyor of record shall complete the required information on the building permit setback report and affix his or her professional seal containing the appropriate signature and date. The building permit setback report containing the required midconstruction surveyor information shall be provided to the Department of Engineering and Inspections prior to the issuance of a certificate of occupancy permit by the Building Official. §165-201.03 Height limitations; exceptions A. No structure shall exceed the height limitations described in this chapter. B. Exceptions to height requirements. (1) The maximum height requirements shall not apply to the following: (a) Barns and silos. (b) Belfries. (c) Bulkheads. (d) Chimneys. (e) Church Sspires and towers associated with places of worship. (f) Flagpoles. (g) (Reserved)[1] (h) Domes and skylights. (i) Masts and aerials. (j) Radio and television transmission towers and commercial telecommunication facilities. 222 Proposed Changes – Places of Worship and Fraternal Lodges/Civic Clubs/Social Centers Revised March 28, 2024 (k) Smokestacks and cooling towers. (l) Utility poles and towers. (m) Water tanks. (n) Windmills. (2) Parapet walls may be up to four feet above the height of the building on which the walls rest. (3) Solar collectors, air conditioners and other mechanical equipment may exceed the height limitations if they are screened from the public view of surrounding properties and rights-of-way. (4) Automated storage facilities in the TM, M1 and M2 Zoning Districts and automated manufacturing facilities in the M1 and M2 Zoning Districts shall be exempt from the maximum height requirement. Such exemptions shall be approved by the Frederick County Fire Marshal. In no case shall the height of these facilities exceed 100 feet in height unless waived by the Board of Supervisors in accordance with § 165-601.02. (5) All of the above exceptions shall be allowed only if they accomplish the purpose for which they are intended, if they are not intended for human occupancy and if they do not infringe on the solar access of surrounding properties. (6) General office buildings in the B2 and B3 Zoning Districts and hotel and motel buildings in the B2 Zoning District shall be exempt from the maximum height requirement of those zoning districts. In no case shall the height of such buildings exceed 60 feet. When such exemptions are proposed adjacent to existing residential uses, the Board of Supervisors shall review the site development plan pursuant to the provisions of § 165-203.02A(3). (7) Buildings used for schools without residential components may exceed the maximum height of the underlying zoning district. The only portions of buildings used for schools without residential components that may exceed the height in the underlying zoning district are those which are accessory and inconsequential to the primary function of the building. In no case shall any portion of the building exceed 75 feet in height. (8) If any of the above exceptions exceed the height limitation of the proposed zoning district, the structure shall be required to be set back the normal setback or required buffer distance plus one foot for every foot over the maximum allowed height of that zoning district. (9) In the B3 (Industrial Transition) Zoning District, uses may exceed the height limitation so long as all front, side and rear setbacks conform to the setback requirements for the M1 (Light Industrial) Zoning District. In no case shall any structure in the B3 Zoning District exceed 45 feet in height. 223 Proposed Changes – Places of Worship and Fraternal Lodges/Civic Clubs/Social Centers Revised March 28, 2024 Part 202 – Off-Street Parking, Loading and Access §165-202.01 Off-street parking; parking lots. Off-street parking shall be provided on every lot or parcel on which any use is established according to the requirements of this section. This section is intended to ensure that parking is provided on the lots to be developed and to ensure that excess parking in public street rights-of- way does not interfere with traffic. A. Required parking spaces. (1) For certain residential uses, parking requirements are contained in the zoning district regulations. In all other cases, parking spaces shall be provided with each allowed use, on the lot or within the development containing the use, according to the following table: Use Required Spaces Single-family detached dwellings and mobile homes 2 per unit Single-family attached (townhouse) dwellings 2.5 per unit Churches Places of worship 1 for each 3 seats Schools, elementary or middle/intermediate No fewer than 1 per faculty and staff member and other full-time employee, plus a minimum of 4 for visitors Schools, high No fewer than 1 per faculty and staff member and other full-time employees; minimum of 4 for visitors; 1 for each 10 students over driving age; 1 for each 4 seats for stadiums and/or auditoriums Colleges and universities No fewer than 1 per faculty and staff member and other full-time employees, plus 1 for every 10 students for maximum capacity at any one time Day care 1 per 5 children plus 1 per employee Nursing homes, personal care, adult care residences and assisted living care facilities 1 per 4 beds, plus 1 per employee on primary shift Hospitals 1.8 per bed Libraries, museums or galleries 1 per 400 square feet of floor area; 10 minimum Fraternal lodges, civic clubs and social centers 1 per 250 square feet of floor area, assembly area or recreation area 224 Proposed Changes – Places of Worship and Fraternal Lodges/Civic Clubs/Social Centers Revised March 28, 2024 Use Required Spaces Rooming houses, boardinghouses, tourist homes and bed-and-breakfasts 2 per single-family dwelling, plus 1 per guest room Motels, hotels and lodges 1 per room, plus appropriate spaces for restaurants and meeting rooms Assembly halls and meeting rooms 1 per 3 seats Funeral homes 1 per 4 seats; 30 minimum Commercial cemeteries 25 minimum Movie theaters 1 per 4 seats Indoor recreation 1 per 200 square feet of floor area Golf courses and driving ranges 3 per hole Miniature golf and driving ranges 2 per tee for the first 36 tees, then 1 per tee Campgrounds 1 per campsite Restaurants 1 per 100 square feet of seating floor area Fast-food or drive-in restaurants 1.4 per 100 square feet of seating floor area Retail and personal services 1 per 200 square feet of retail floor area Medical, dental, veterinarian offices and clinics 1 per 250 square feet of office area General offices 1 per 250 square feet of office floor area Banks and banks with drive-in windows 1 per 400 square feet of floor area Shopping centers (small strip- style centers) 6 per 1,000 square feet of retail floor area for centers with up to 30,000 square feet; 5 per 1,000 square feet of retail floor area for centers between 30,000 square feet and 60,000 square feet Shopping centers (non- enclosed); large integrated shopping centers 4 per 1,000 square feet of retail floor area for centers over 60,000 square feet 225 Proposed Changes – Places of Worship and Fraternal Lodges/Civic Clubs/Social Centers Revised March 28, 2024 Use Required Spaces Shopping centers (mall-type centers) 3.5 per 1,000 square feet of retail floor area for centers with up to 400,000 square feet; 3.8 per 1,000 square feet of retail floor area for centers over 400,000 square feet Furniture and carpet stores; retail nurseries; farm equipment and feed sales; boat, mobile home and motor vehicle sales 1 per 400 square feet of enclosed floor area, plus 1 per 3,000 square feet of out-side display area, plus 2 per service bay Automobile service and service stations 2 per service bay plus required spaces for retail or office areas Self-service storage 3 at the office, plus 1 per employee Wholesaling, warehouses, truck terminals and construction storage, manufacturing and other industrial uses 1.5 per employee, plus any required spaces for office or similar use, plus 1 for each company vehicle and equipment stored outdoors Mining uses 3 per 4 employees Part 204 – Additional Regulations for Specific Uses § 165-204.36 Adult retail. Adult retail uses meeting the minimum requirements of this chapter, any conditions imposed by the Board of Supervisors, and with the following minimum conditions: A. Such uses shall be located at least 2,500 feet from the property line of existing adult retail uses, schools, churches places of worship, parks, day-care facilities and residential uses and districts. B. Such uses shall not be permitted in shopping centers and/or multitenant buildings. C. All merchandise display areas shall be limited to enclosed structures and shall not be visible from the outside. D. Business signs shall not exceed a maximum of 25 square feet. No wall-mounted signs or window displays shall be permitted. E. Hours of operation shall be limited to between 9:00 a.m. and 11:00 p.m. 226 Proposed Changes – Places of Worship and Fraternal Lodges/Civic Clubs/Social Centers Revised March 28, 2024 §165-204.40 Nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities. Where allowed, facilities shall have an approved site plan meeting the following conditions: (1) All principal activities shall take place entirely within an enclosed structure. (2) All outdoor facilities shall be incidental to the principal facility or activity. (3) No facility or activity shall be erected or conducted less than 30 feet from any residential district or area within other districts which are predominantly residential in nature. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 – RA Rural Areas §165-401.02 Permitted uses. Structures and land shall be used for one of the following uses: A. Agriculture, farming, dairies, animal husbandry, and forestry. B. Orchards, horticulture and the production of nursery stock and products. C. Single-family dwellings. D. Mobile homes. E. Schools (without residential component). F. Public parks and playgrounds. G. Churches. Places of worship. H. Home occupations (as defined). I. Natural conservation areas. J. Winchester Airport. K. Group homes. L. Fire stations, companies and rescue squads. M. Frederick County sanitary landfill. N. Commercial and institutional cemeteries with or without funeral homes or cemetery office complexes. O. Post offices. P. Radio and television towers and their accessory buildings. Q. Public utilities, except utility-scale solar power generating facilities. R. Required off-street parking. 227 Proposed Changes – Places of Worship and Fraternal Lodges/Civic Clubs/Social Centers Revised March 28, 2024 S. Oil and natural gas exploration, provided that the following requirements are met: (1) All requirements of the Code of Virginia, as amended, and all applicable federal, state and local regulations shall be met. (2) A site plan shall be reviewed and approved meeting all requirements of the Frederick County Code. (3) Approval of the site plan and use shall be for 90 days, with subsequent renewals being approved by the Board of Supervisors. (4) In order to begin extraction of the resource, a rezoning to the EM Extractive Manufacturing Zoning District will be required. T. Museums, parks or historic sites used for educational or historic preservation purposes. U. (Reserved)[1] V. (Reserved)[2] W. [3]Accessory uses. X. Poultry farms and hatcheries and egg production. Y. Fish hatcheries and fish production. Z. Hog farming. It shall be unlawful for any person to have or maintain or to permit to be erected, in the County, any hog pen that is located closer than 200 feet to a residence or an adjoining property that is used for human habitation. AA. Government services office. BB. Residential subdivision identification signs. CC. Farm wineries. DD. Temporary family health care structure. EE. Farm breweries. FF. Farm distilleries. GG. Agritourism. HH. Commercial stables, equestrian facilities and commercial riding facilities. II. Cut-your-own Christmas tree and evergreen tree. JJ. On-premises wayside stand, roadside stand, or wayside market, accessory to a bona fide operating farm. KK. Blacksmith shops. LL. Farriers. MM. Horseshoeing. 228 Proposed Changes – Places of Worship and Fraternal Lodges/Civic Clubs/Social Centers Revised March 28, 2024 NN. Taxidermists. OO. Short-term lodging. PP. Nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities. Part 402 – RP Residential Performance District §165-402.02 Permitted uses. A. All uses shall be developed in accordance with an approved master development plan unless otherwise waived under Article VIII of this chapter. B. Structures and land shall be used for one of the following uses: (1) All residential housing types specified in § 165-402.09. (2) Schools. and churches. (3) Fire stations and companies and rescue squads. (4) Group homes. (5) Home occupations. (6) Public utilities excluding energy-generating facilities. (7) Accessory uses and structures. Accessory structures attached to the main structure shall be considered part of the main structure. Mobile homes and trailers, as defined, shall not be permitted as accessory structures or buildings. (8) Required or bonus recreational facilities, public or private parks, neighborhood parks, playgrounds, or other noncommercial recreational facilities. (9) Business signs associated with schools, churches, fire stations and companies and rescue squads, recreational facilities, public parks, playgrounds, and libraries. (10) Temporary model homes used for sale of properties in a residential development. (11) Libraries. (12) Public buildings. (13) (Reserved)[1] (14) (Reserved)[2] (15) Temporary family health care structure. (NOTE: By adding temporary family health care structure as a permitted use in the RP District, it is also automatically a permitted use in the R4 and R5 Districts.) 229 Proposed Changes – Places of Worship and Fraternal Lodges/Civic Clubs/Social Centers Revised March 28, 2024 (16) Short-term lodging. (17) Places of Worship. §165-402.03 Conditional uses. Uses and associated signs permitted with a conditional use permit shall be as follows: A. Convalescent and nursing homes and adult care residences and assisted living care facilities. B. Cottage occupations, as defined. C. Nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities., with an approved site plan, meeting the requirements of this chapter and with the following conditions: (1) All principal activities shall take place entirely within an enclosed structure. (2) All outdoor facilities shall be incidental to the principal facility or activity. (3) No facility or activity shall be erected or conducted less than 30 feet from any residential district or area within other districts which are predominantly residential in nature. D. Day-care facilities. E. Rooming houses, boardinghouses and tourist homes. F. Veterinary offices, veterinary clinics or veterinary hospitals, excluding the boarding of animals for nonmedical purposes. G. Museums. H. Offices and clinics of doctors of medicine, dentists and other health practitioners. Part 403 – MH1 Mobile Home Community District §165-403.02 Permitted uses. The following uses are allowed: A. Mobile homes. B. Mobile home parks. C. Mobile home subdivisions. D. Schools. E. Churches. Places of worship. 230 Proposed Changes – Places of Worship and Fraternal Lodges/Civic Clubs/Social Centers Revised March 28, 2024 F. Public parks, playgrounds and recreational uses. G. Accessory uses. H. Public utilities excluding energy-generating facilities. I. Fire stations and companies and rescue squads. J. Home occupations. K. Totally enclosed storage facilities for use by the residents of the mobile home park or subdivision. L. (Reserved)[1] M. (Reserved)[2] N. (Reserved)[3] O. Short-term lodging. 231 Planning Commission Agenda Item Detail Meeting Date: April 17, 2024 Agenda Section: Discussion/Information Items Title: Ordinance Amendment - Conference/Event Centers, Data Centers, Solid Waste Collections, and Materials Recovery Facilities - (Mrs. Feltner) Attachments: PC04-17-24OA_ConferenceEventCenters_DataCenters_etc.pdf 232 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Planning Commission FROM: Amy Feltner, Planner SUBJECT: Ordinance Amendment – Allowed Uses – Information/Discussion DATE: April 4, 2024 Proposal: The proposed amendments to the ordinance were initiated by staff. This is a proposal to change the definitions, to update standards, correct errors, and to remove multiple types of public garage. The amendment will specifically list the allowance of conference/event centers and data centers in the B2 (General Business) and B3 (Industrial Transition) Districts; Data centers in the M1 (Light Industrial) District, M2 (Industrial General) District, and TM (Technology-Manufacturing Park) District; Commercial Sport and Recreation Clubs in the B2 (General Business) District; Continuing-Care Retirement Community (CCRC) in the MS (Medical Support) District; and clarify the recycling operation and recreational facilities in the M1 (Light Industrial) District. The B1 (Neighborhood Business) District square foot limitation for retail stores and grocery/food stores has been relocated. The amendments are not adding additional permitted uses, but rather clarifying that these are permitted uses. These uses were previously allowed under the Standard Industrial Classification (SIC) use tables that were replaced with NAICS terminology in 2023. Definitions §165-101.02 The spelling for Country General Store was corrected. Country General Stores without fuel sales have specific requirements in the RA (Rural Area) Districts and must comply with §165-204.32 in the Supplementary Use Regulations. The definition for Caliper was updated to reference the current standard. The American Association of Nurseryman was removed and replaced with the American Standard for Nursery Stock (ANSI Z60.1). https://cdn.ymaws.com/americanhort.site-ym.com/resource/collection/38ED7535-9C88-45E5-AF44- 01C26838AD0C/ANSI_Nursery_Stock_Standards_AmericanHort_2014.pdf Body Repair Garage was removed, and the definition of Public Garages was adjusted to remove the exclusion of spray painting, body or fender repair. The North American Industry Classification System (NAICS) codes combines automotive repair and maintenance into 8111-Automotive Repair and Maintenance. This section includes automotive mechanical, electrical, general, and specialized repairs, as well as automotive body, paint, and glass repair. A repair garage is permitted in the RA (Rural Area) with a conditional use permit. Although it was the intent of the ordinance to distinguish these two operations separately, the majority of the conditional use permits have allowed the combination of these two activities. Conference/Event Centers §165-603.02 B2 (General Business) and §165-604.02 B3 (Industrial Transition) Districts 233 OA - Allowable Uses April 4, 2024 Page 2 Conference/Event Centers is defined in §165-101.02 and are permitted in the B2 and B3 Zoning Districts. The NAICS conversion placed Banquet and Conference Centers within two separate categories based on the service of food or without service of food. For clarity and consistency, Conference/Event Centers have been added as a permitted use. The definition includes facilities with or without the service of food. Computing Infrastructure Providers, Data Processing, and Data Centers §165-603.02 B2 (General Business), §165-604.02 B3 (Industrial Transition), §165-606.02 M1 (Light Industrial) and §165-605.02 TM (Technology-Manufacturing Park) Districts Under the old Standard Industrial Classification (SIC), Data Centers were permitted by the ordinance in the B2, B3, M1, M2, and TM Districts. The conversion to the NAICS Code placed Data Centers under a Telecommunications umbrella, or similar term, but should be specifically called out. Inadvertently, the NAICS conversion did not expand the allowed uses to include Data Centers in the B2 (General Business) District. This amendment will correct this error, as well as clarify the allowance of Data Centers in the other districts. Staff would note that in our opinion Data Centers may not be an appropriate use within the B2 (General Business District) which may warrant further discussion. Commercial Sport and Recreation Clubs §165-603.02 B2 (Business General) District The ordinance provides for a more detailed definition of Commercial Sport and Recreation Clubs. This use was previously permitted in the B2 (Business General) District prior to the NAICS conversion. The use has been specifically noted for clarity and consistency. Continuing-Care Retirement Community (CCRC) §165-504.02 MS (Medical Support) District The ordinance provides for a specific definition for Continuing-Care Retirement Community (CRRC) and was specific to the MS (Medical Support) District under the original Standard Industrialized Classification (SIC). This language was removed and consolidated into Ambulatory Health Care Services, Hospitals, Nursing and Residential Care Facilities. Additionally, the referenced requirement that the manufacturing and wholesaling uses follow flex-tech performance standard was removed. Adding Continuing-Care Retirement Community (CRRC) to the allowed use table and re-establishing the requirement to follow flex- tech performance standards are to correct an omission that previously existed prior to the NAICS conversion. Solid Waste Collection & Materials Recovery Facilities and Commercial Recreation, Indoors §165-606.02 M1 (Light Industrial) District “Waste Management and Remediation Services, limited to glass, plastics, and excluding incinerators” omitted certain types of uses, specifically metal recycling, in the M1 (Light Industrial) District. The current wording is replaced with “Solid Waste Collection, Materials Recovery Facilities, Septic Tank and Related Services, and Other Miscellaneous Waste Management Services” which better serves the intent. Solid Waste encompasses mixed recyclable materials and excludes any hazardous materials. Hazardous waste, treatment, and disposal are in separate sections. Additionally, Materials Recovery allows for the sorting of non-hazardous recyclable materials. Septic Tank and Other Miscellaneous address the septic, tank, and boiler cleaning services that were permitted in the ordinance prior to the NAICS conversion. The ordinance permitted limited recreational facilities in the M1 (Light Industrial District); however, these activities were limited to indoor operations. Additionally, specific regulations apply in §165-204.29 to indoor recreational facilities in the M1 Zoning District. The addition of Commercial Recreation, Indoors reestablishes these requirements by reference. 234 OA - Allowable Uses April 4, 2024 Page 3 Miscellaneous Retail Stores §165-602.02 B1 (Neighborhood Business) District The square footage limitation has been relocated to the Supplementary Use Regulations §165-204.08 Grocery and food stores and a new section addressing retail has been added in §165-204.37. The square footage limitation should not be located in the Allowed Use Table, rather a special section addressing any restrictions should be properly located in the Special Use Regulations Section. Section 165-204.08 was expanded to include the restriction in B1 (Neighborhood Business) District and §165-207.37 was added. The relocation conforms to the traditional zoning ordinance format. Meeting Summary & Requested Action: The Development Review & Regulations Committee (DRRC) discussed these items on March 28, 2024. In discussing the updated “caliper” definition, the committee suggested providing a link on the Frederick County web site for ease in finding the information. The Committee was not supportive of the continued inclusion of "data centers” in the B2 (General Business) Zoning District. If “data centers” were to be permitted, additional buffer requirements, size limitations, and other requirements should be added in the “Additional Regulations for Specific Uses” section of the zoning ordinance. The committee was not in favor of allowing ‘data centers’ as a primary use in the B2 District and recommended that they be limited to accessory uses only. “Data center’s” frequently increase the cost of land, thus affecting small businesses and the area around data centers tends to transform the B2 (General Business) District into more of a M1 (Light Industrial) District. The Committee recommended further discussion from the Planning Commission on allowing data centers in the B2 (General Business) District, and whether the use continued to be allowed is appropriate. The Committee was supportive of all other proposed amendments and offered no comments. Staff is seeking comments from the Planning Commission to forward to the Board of Supervisors for additional discussion on these proposed amendments. ALF/pd Attachments: 1. Definitions §165-101.02 2. B1 (Neighborhood Business) District 3. B2 (General Business) District 4. B3 (Industrial Transition) District 5. M1 (Light Industrial) District 6. TM (Technology-Manufacturing Parks) District 7. MS (Medical Support) District 8. Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses 235 Revised March 12, 2024 Part 101 General Provisions § 165-101.02 Definitions and word usage. CALIPER The diameter of a tree as defined by the American Association of Nurserymen American Standard for Nursery Stock (ANSI Z60.1). COUNTRY GENERAL STORE A retail business, without accessory fuel sales, not to exceed 3,500 square feet gross retail floor area, allowed where specified in the rural zoning districts which sells groceries along with a variety of other retail goods. GARAGE, BODY REPAIR A building or portion thereof, other than a private garage or public garage, designed or used for body or fender repair or spray painting. GARAGE, PUBLIC A building or portion thereof, other than a private garage, designed or used for servicing, repairing or equipping motor vehicles, but not including spray painting, body or fender repair, service stations or vehicle sales. 236 § 165-602.02 Allowed uses. Uses allowed in the B1 Neighborhood Business District are as follows: Allowed Uses Veterinary services for animal specialties (excluding horses), with all activities and animals kept within a fully enclosed primary structure Miscellaneous Retail Stores including Food, Drug, Health, and Personal Care not to exceed 15,000 square feet, excluding Fruit and Vegetable Stands Offices of Real Estate, Finance, and Insurance Personal and Laundry Services excluding Industrial Launderers Death Care Services excluding cemeteries Offices of Physicians, Dentists and Other Health Practitioners Adult and Child Day-Care Facilities Religious, Grantmaking, Civic, Professional, and Similar Organizations Public Administration and Government Buildings, including fire and ambulance services Public Utilities excluding power generating facilities Residential uses which are accessory to allowed business uses Parks Food Services, Restaurants and Other Eating Places excluding drive-thru facilities Fitness and Recreational Sports Centers no larger than 10,000 square feet 237 Proposed Changes – B2 (General Business) District March 12, 2024 Part 603 B2 General Business District [Amended 6-20-2023] § 165-603.01 Intent. The intent of this district is to provide large areas for a variety of business, office and service uses. General business areas are located on arterial highways at major intersections and at interchange areas. Businesses allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant basis other than that required for delivery of retail goods. General business areas should have direct access to major thoroughfares and should be properly separated from residential areas. Adequate frontage and depth should be provided, and access should be properly controlled to promote safety and orderly development. Nuisance factors are to be avoided. The North American Industry Classification System (NAICS) may be used to assist the Zoning Administrator in classifying the permitted uses. § 165-603.02 Allowed uses. Allowed uses shall be as follows: Allowed Uses Veterinary services with all activities and animals kept within the fully enclosed primary structure, excluding livestock Pet Care (excluding Veterinary) Services, with all activities and animals kept within fully enclosed primary structure Wired and Wireless Telecommunication Carriers (excluding Satellite) Broadcasting and Content Providers Building Materials and Garden Equipment Supplies Dealers Retail Trade excluding Manufactured (Mobile Home) Dealers and Tire Dealers Food and Beverage Retailers, excluding Fruit and Vegetable Stands Motor Vehicle and Parts Dealers Gasoline Stations with or without Convenience Stores, excluding Fuel Dealers Automotive Oil Change and Lubrication Shops Food Services, Restaurants and Other Eating Places Offices of Real Estate, Finance, and Insurance Hotels and Motels, Dormitories, Rooming/Boarding Houses, and Travelers accommodations excluding RV Parks and Camps Personal Care Services including Hair, Nail, Beauty Salon, and Barber Shops, excluding Escort Services; Turkish Baths; and Steam Baths Coin-Operated Laundries and Drycleaners Death Care Services excluding Cemeteries Professional, Scientific, and Technical Services, excluding the following: Outdoor Display Advertising, Research and Development Services, and Test Laboratories including General Business Offices 238 Proposed Changes – B2 (General Business) District March 12, 2024 Services to Building and Dwellings including Pest Control, Janitorial Services, and Carpet Cleaning Services excluding Landscape Service and Product Sterilization Car washes Personal and Household Goods Repair and Maintenance excluding Motorcycle Repair Consumer Goods Rental excluding Lawn and Garden equipment Movie Theaters, excluding Drive-In Theaters Amusement, Arts, Gambling, and Recreation Industries excluding Amusement Parks, Theme Parks, and Outdoor Shooting Commercial Sport and Recreation Clubs (as defined) Health Care Services including Skilled Nursing Facilities Adult and Child Day-Care facilities Model Homes Sales Offices Self-Service Storage Facilities Public Administration and Government Support Buildings, including Fire and Ambulance Services Public Utilities excluding energy-generating facilities Residential uses which are accessory to allowed business uses Parks Religious, Grantmaking, Civic, Professional, and Similar Organizations Libraries Household Appliances and Electrical and Electronic Goods Merchant Wholesalers excluding accessory outdoor storage Hardware, and Plumbing and Heating Equipment and Supplies Merchant Wholesalers excluding accessory outdoor storage Social Assistance Services excluding services that offer residential or housing accommodations Technical and Trade Schools Conference/Event Center (as defined) Computing Infrastructure Providers, Data Processing, and Data Centers 239 Proposed Changes – B3 (Industrial Transition) District March 12, 2024 Part 604 B3 Industrial Transition District [Amended 5-19-2023] § 165-604.01 Intent. The intent of this district is to provide for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some cases, such areas may be transitional, located between business and industrial areas. In these areas, there will be a mixture of automobile and truck traffic. Some of the uses in this district will require large areas of land and may have outdoor storage and display. It is intended that the uses in this district shall not be sources of noise, dust, smoke or other nuisances. Such industrial transition areas shall be provided with safe and sufficient access. The North American Industry Classification System (NAICS) may be used to assist the Zoning Administrator in classifying the permitted uses. § 165-604.02 Allowed uses. Allowed uses are as follows: Allowed Uses Veterinary services with all activities and animals kept within the fully enclosed primary structure excluding livestock. Pet Care Services (excluding Veterinary), with all activities and animals kept within the fully enclosed primary structure Landscape and Horticultural Services Offices and Storage Facilities for Building Construction Contractors, Heavy Construction Contractors and Special Trade Contractors Commercial Printing Transit and Ground Passenger Transportation and related support activities Truck Transportation and related support activities Air Transportation and related support activities Travel Arrangement and Reservation Services Telecommunication Facilities and Offices, Broadcasting and Content Providers, including wired and wireless telephone, radio, television, and other satellite communications. Electric, Gas, and other utility facilities and offices excluding Sanitary Services Computing Infrastructure Providers, Data Processing, and Data Centers Warehousing and Storage 240 Proposed Changes – B3 (Industrial Transition) District March 12, 2024 Advertising Specialties – wholesale Building Materials, Hardware, Garden Supply, and Retail Nurseries Manufactured (Mobile) Home Dealers Motor Vehicle and Parts Dealers Gasoline Stations, with or without, Convenience Stores excluding Fuel Dealers Wholesale Trade Businesses excluding livestock, farm products, mining and chemical storage Food and Beverage Retailers Food Services, Restaurants and Other Eating Places Industrial Launderers, Dry-Cleaning and Laundry Services Administrative and Support Services Professional, Scientific, and Technical Services including Testing Laboratories and General Business Offices General Automotive, Motorcycle, and Truck Repair, Services and Parking Personal and Household Goods Repair and Maintenance Electronic Precision Equipment Repair and Maintenance Movie Theaters, including Drive-In Theaters Amusement, Arts, Gambling, and Recreation Industries excluding the following: Amusement Parks or Theme Parks and Outdoor Shooting Ranges Self-Service Storage Facilities Vocational Schools (Technical, Trade, Business, Computer and Management Training) Religious, Grantmaking, Civic, Professional, and Similar Organizations General Business Offices Model Home Sales Accessory Retailing Public Administration and Government Support Buildings, including fire and ambulance services Public Utilities Residential uses which are accessory to allowed business uses Parks Flex-Tech Consumer Goods Rentals Car, Truck, Utility Trailers, and RV (Recreational Vehicle) Rental and Leasing 241 Proposed Changes – B3 (Industrial Transition) District March 12, 2024 Conference/Event Center 242 Proposed Changes – M1 (Light Industrial) District March 12, 2024 Part 606 M1 Light Industrial District [Amended 6-14-2023] § 165-606.01 Intent. The intent of this district is to provide for a variety of light manufacturing, commercial office and heavy commercial uses in well-planned industrial settings. Uses are allowed which do not create noise, smoke, dust or other hazards. Uses are allowed which do not adversely affect nearby residential or business areas. Such industrial areas shall be provided with safe and sufficient access. The North American Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in classifying the permitted uses. § 165-606.02 Allowed uses. Allowed uses are as follows: Allowed Uses Landscape and Horticultural Services Offices and Storage Facilities for Building Construction Contractors, Heavy Construction Contractors and Special Trade Contractors Food, Beverage, and Tobacco Manufacturing excluding Seafood Product Preparation and Packaging and Animal Slaughtering and Processing Textile Products and Textile Mill Products Apparel Manufacturing Veneer, Plywood, and Engineered Wood Product Manufacturing Furniture and Related Production Manufacturing Converted Paper Product Manufacturing Printing, Publishing and Allied Industries Pharmaceutical and Medicine Manufacturing Plastics and Rubber Products Manufacturing including Footwear Manufacturing Miscellaneous Manufacturing Concrete Block and Brick and Related Products Fabricated Metal Products Manufacturing, excluding Coating, Engraving and Allied Services, Ammunition (except for small arms), Ordnance and Accessories. Machinery Manufacturing and Computer & Electrical Product Manufacturing Electrical Equipment, Appliance, and Component Manufacturing 243 Proposed Changes – M1 (Light Industrial) District March 12, 2024 Storage Batteries and Primary Battery Manufacturing Transportation Equipment Manufacturing Transit and Ground Passenger Transportation Truck Transportation Air Transportation Travel Arrangement and Reservation Services Telecommunication Facilities and Offices, Broadcasting and Content Providers, including wired and wireless telephone, radio, television and other satellite communications. Computing Infrastructure Providers, Data Processing, and Data Centers Public Utilities Wholesale Trade Food Services, Restaurants, and Other Eating Places Linen Supply and Drycleaning and Laundry Services except Coin Operated Laundries Professional, Scientific and Technical Services, including Business Offices not providing services to the general public on a primary basis Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing General Automotive, Motorcycle and Truck Repair, Services and Parking Commercial and Industrial Machinery and Equipment Repair and Maintenance Machinery Cleaning Waste Management & Remediation Services limited to glass, carboard, and plastics recycling and excluding incinerators. Solid Waste Collection, Materials Recovery Facilities, Septic Tank and Related Services, and Other Miscellaneous Management Services Fabricated Metal Product Manufacturing Technical and Trade Schools Business, Professional, Labor, Political and Similar Organizations Public Administration and Government Support Buildings including Fire and Ambulance Services Residential uses which are accessory to allowed business uses 244 Proposed Changes – M1 (Light Industrial) District March 12, 2024 Public Utilities Parks Regional Criminal Justice, Enforcement, and Detention Facilities Truck or Fleet Maintenance Facilities Self-Service Storage Facilities Flex-Tech § 165-606.03 Conditional uses. Uses permitted with a conditional use permit shall be as follows: Conditional Uses Tractor Truck and Tractor Truck Trailer Parking Commercial Recreation, Indoors (as defined) including Fitness and Recreational Sports Centers 245 :4 Proposed Changes – TM (Technology-Manufacturing Park) District Revised March 12, 2024 PART 605 TM Technology-Manufacturing Park District [Amended 6-20-2023] § 165-605.01. Intent. The TM District is designed to provide areas for Economic Development Authority (EDA) targeted industries, data centers, offices, low-impact industrial, assembly, and manufacturing uses. Uses are allowed which do not create significant noise beyond the property line, smoke, dust or other hazards. This district shall be located in a business campus-like setting with direct access to major transportation networks and/or rail facilities and areas where there is availability and/or close-proximity to overhead electrical transmission lines. Buildings should include attractive architectural features utilizing high quality building materials comparable to brick, stone, and glass. The North American Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in classifying the permitted uses. § 165-605.02. Permitted uses. Permitted uses are as follows: Permitted Uses Food, Beverage, and Tobacco Manufacturing excluding Seafood Product Preparation and Packaging and Animal Slaughtering and Processing Furniture and Related Product Manufacturing Converted Paper Product Manufacturing Printing, Publishing and Allied Industries Pharmaceutical and Medicine Manufacturing Plastics and Rubber Products Manufacturing excluding Tire Manufacturing Fabricated Metal Products Manufacturing, excluding the following: Engraving and Allied Services, Ammunition, Ordnance and Accessories Machinery Manufacturing and Computer and Electrical Product Manufacturing Electrical Equipment, Appliance, and Component Manufacturing Storage Batteries and Primary Battery Manufacturing Aircraft Manufacturing Guided Missiles and Space Vehicles Manufacturing Miscellaneous Manufacturing Telecommunication Facilities and Offices, Broadcasting and Content Providers, 246 :4 Proposed Changes – TM (Technology-Manufacturing Park) District Revised March 12, 2024 including wired and wireless telephone, radio, television and other satellite communications. Computing Infrastructure Providers, Data Processing, and Data Centers Finance, Insurance, Legal and Offices of Real Estate Professional, Scientific and Technical Services including Testing Laboratories Health Care Services Medical and Dental Laboratories Technical and Trade Schools Business, Professional, Labor, Political and Similar Organizations Public Administration and Government Support Buildings Public Utilities Flex-Tech 247 Proposed Changes – MS District March 19, 2023 Part 504 MS (Medical Support) District [Amended 8-10-2023] § 165-504.01 Intent. The MS (Medical Support) District is intended to provide for areas to support hospitals, medical centers, medical offices, clinics, and schools of medicine. These areas are intended to allow for a variety of support services and related residential land uses to be within close proximity of each other to provide for professional and patient convenience. All land to be contained within the Medical Support District shall be included within a master development plan to ensure that land uses are compatibly mixed, designed in a harmonious fashion, and developed to minimize adverse impacts to adjoining properties. The North American Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in classifying the permitted uses. § 165-504.02 Permitted uses. A. All land uses shall be developed in accordance with an approved master development plan that meets the criteria in Article VIII of this chapter. B. Structures are to be erected or land used for one or more of the identified uses. Permitted Uses Colleges, Universities, Professional Schools, and Junior Colleges Libraries Pharmaceutical and Medicine Manufacturing Scientific Research and Development Services including Testing Agencies Food and Beverage Retailers excluding Fruit and Vegetable Stands and Vending Machine Operators Food Services and Drinking Places excluding Mobile Food Services Health and Personal Care Retailers Miscellaneous Retailers limited to Bookstores, News Stands/Dealers, Stationary Stores, Gift Shops, Florists, and Uniform Stores Finance and Insurance, Holding, and Office of Real Estate Hotel and Motels, including Rooming and Boarding Houses, and Dormitories; excluding Workers Camps Coin Operated Laundries, Drycleaners, and Linen Supplies Personal Care Services Photocopying and duplicating services 248 Proposed Changes – MS District Revised March 19, 2024 Medical equipment rental and leasing Data entry, data processing, data verification, and optical scanning data services Product sterilization services Electronic & Precision Equipment Repair and Maintenance Physical fitness facilities Civic and Social Organizations Ambulatory Health Care Services, Hospitals, Nursing and Residential Care Facilities Continuing-Care Retirement Community (CCRC) (as defined) Adult day-care centers Child day-care services Public buildings, including Social Service Offices Pharmaceutical Machinery Manufacturing Medical Equipment and Supplies Manufacturing Medical, Dental, and Hospital Equipment Merchant Wholesalers Ophthalmic Goods Merchant Wholesaler Drugs & Druggists’ Sundries Merchant Wholesalers Dormitories, Medical and Allied Health (as defined) Halfway House (as defined) Treatment Home (as defined) Family Care Home (as defined) Group Home (as defined) Protected Populations Home (as defined) Places of Religious Worship Fire Protection Conference/Event Centers (as defined) 249 Proposed Changes – MS District Revised March 19,2024 Fleet Maintenance Facility On-site Utility Systems (as defined Telecommunications Towers and Facilities (as defined) Warehousing, Medical and Allied Health Services (as defined) Wellness Centers (as defined) (1) Residential care facilities. (a) Residential care facilities may consist of any of the following residential structures: single-family small lot, duplex, multiplex, atrium house or garden apartments. (b) Residential care facilities may include home occupations (as defined). (c) Residential care facilities must conform to the following performance standards: [1] Maximum residential density shall not exceed 10 units per acre, provided the following: [a] Single-family detached and single-family attached residential structures having individual access shall have an average lot area of 3,000 square feet per dwelling unit. [b] All other residential land uses shall provide a minimum of 1,000 square feet of average lot area per bedroom. [2] The residential care facilities must consist of residential units which provide all of the following for its residents: independent-living facilities, congregate-care assisted-living facilities, and nursing home care. [3] Occupancy of the dwelling units is restricted to older persons [as such term is used in the definition of "housing for older persons" in § 36-96.7 of the code of Virginia (1950, as amended)], with the following exceptions: [a] The spouse of a resident, regardless of age; and [b] The child of a resident, provided that the child requires convalescent care, regardless of the age of the child; and [c] Resident staff necessary for operation of the facility are also allowed to live on site. [4] The communities may provide ancillary services and facilities, such as, but not limited to, transportation, a common dining room and kitchen, recreation area, meeting or activity rooms, library, chapel, convenience commercial area, or other services and facilities for the enjoyment, service or care of the residents. Such facilities must be conveniently located in relation to the remainder of the development, particularly the dwelling units; they must not be externally advertised. The Board of Supervisors may restrict their use to residents and staff only. (2) Manufacturing and wholesaling support services shall meet the flex-tech performance standards as identified in §165-204.06C of this chapter. 250 Proposed Changes – MS District Revised March 19, 2024 § 165-504.03 District area, floor-to-area ratios and residential gross densities. A. All parcels that are zoned MS (Medical Support) District shall contain a minimum of 20 acres. These parcels shall be required to receive approval of a master development plan which meets all applicable requirements of Article VIII of this chapter. B. Parcels that are less than 20 acres in size that are contiguous to a master-planned MS (Medical Support) District development, including those parcels that are directly across public rights-of-way to a master- planned MS (Medical Support) District development, may be rezoned to the MS District. C. The Board of Supervisors may provide for the administrative approval of a parcel subdivision which fronts on private street systems during the master development plan review process. D. Hospitals, office buildings, conference/events centers, wellness centers, and all land use permitted under § 165-504.02B, Educational support services, shall be allowed to develop a maximum floor-to-area ratio (FAR) of two. The maximum FAR shall be based on the total site area for a master-planned MS (Medical Support) District development that is to be developed as one parcel, or for the total site area of individual parcels in the development that are subdivided for development purposes. E. All permitted land uses other than those described in § 165-504.03B providing support services to this district shall be allowed to develop a maximum floor-to-area ratio (FAR) of one. The maximum FAR shall be determined as described in § 165-504.03D. F. The overall gross densities for permitted land uses identified in § 165-504.02B shall be calculated as described under this subsection: (1) Single-family detached and single-family attached residential structures having individual access may have a minimum lot size or average lot area of 3,000 square feet per dwelling unit. (2) All other related residential land uses shall provide a minimum of 1,000 square feet of lot size or average lot area per bedroom. § 165-504.04 Access regulations. A. All land uses permitted in this Part 504 shall be served by street systems that are constructed to the geometric design standards for urban collector streets and urban local streets. Such street systems may be private or may be dedicated to Frederick County for eventual acceptance into the state secondary road system. B. Parcels that contain portions of collector street systems that are intended to continue through to other parcels to meet the intent of the Frederick County Comprehensive Policy Plan shall be built to applicable state secondary road standards and shall be dedicated to Frederick County for eventual acceptance into the state secondary road system. C. Commercial entrances for permitted support services and entrances for related residential developments on urban collector streets shall have a minimum spacing requirement of 250 feet or minimum VDOT spacing, whichever is greater, between entrances. D. Commercial entrances for permitted support services and entrances for related residential developments shall have a minimum spacing requirement satisfying VDOT spacing standards, , from street intersections to provide for adequate vehicle stacking. E. Driveways serving individual related residential land uses shall only be permitted along urban local 251 Proposed Changes – MS District Revised March 19,2024 streets. F. All permitted land uses shall be designed to provide for internal traffic circulation and interparcel connectors to adjoining land uses to provide for access between uses without entering onto urban collector streets. The Zoning Administrator may grant a waiver to this requirement if topographic constraints or land use conflicts prevent interparcel connectivity or make it undesirable. § 165-504.05 Structure and parking lot setback regulations. A. All permitted educational, research, professional, commercial, and other related support services shall have a minimum front yard setback of 50 feet from any urban collector street and a minimum front yard setback of 35 feet from any urban local street. B. All permitted related residential uses and continuing care retirement communities shall have a minimum front yard setback of 25 feet from any public urban local street and a front yard setback of 20 feet from any private urban local road. On residential units utilizing a rear alley for access, the setback off of a private road may be reduced by 10 feet, provided there are not driveways on the private road to the residential unit. Structural front yard setbacks from private roads shall be measured from the edge of the access easement. C. Residential housing units within a continuing-care retirement community, to include single-family small lot, duplex and multiplex, shall have a minimum building spacing of 10 feet between units and no building can be within 50 feet of the perimeter boundary of the development, provided that all requirements of § 165-504.07 have been satisfied. D. All permitted support services and related residential land uses other than those described in § 165- 504.05C are not proposed to have minimum side or rear yard setbacks. Individual parcels which are designed to have structures placed on a side or rear property line shall be provided with a maintenance easement on the adjoining parcel that is a minimum of 10 feet in width. E. Parking lots shall be set back a minimum of 20 feet from urban collector streets and shall be set back a minimum of 10 feet from urban local streets to provide for safe ingress and egress into developed parcels. F. Parking lots located between the urban collector street and the building front shall be developed to include an earth berm or natural topography that is a minimum of three feet in height above the finished grade developed at a slope of 3:1. Evergreen shrubbery that is a minimum of two feet in height at the time of planting shall be provided along the apex of the berm at a rate of 25 plantings per 100 linear feet. This element shall begin at the street right-of-way and end at the beginning of the parking lot. Parking lots located between the urban local street and the building front shall be developed to the standards set forth in § 165-202.01 of this chapter. G. Parcels which are designed to have parking lots located behind the building may have a reduced front yard setback of 20 feet from any urban collector street and 15 feet from any urban local street. § 165-504.06 Height regulations. A. The maximum structural height for hospitals, office buildings, and all land use permitted under § 165- 504.02B, shall be 90 feet. B. The maximum structural height for residential care facilities, nursing and personal care facilities, dormitories, garden apartments and automobile parking structures shall be 70 feet. C. The maximum structural height for all other land uses permitted in this Part 504 shall be 35 feet. 252 Proposed Changes – MS District Revised March 19, 2024 D. Structural setbacks for all land uses permitted under § 165-504.06A and 165-504.06B shall be increased one foot for every foot that the structure exceeds 35 feet in height. The increased structural setback shall be measured as follows: (1) From the minimum front yard setback established along urban collector streets and urban local streets for a master-planned MS (Medical Support) District development that is to be developed as one parcel, or from the minimum front, side, and rear yards of individual parcels that are subdivided for development purposes. (2) From any required buffer area for a master-planned MS (Medical Support) District that is to be developed as one parcel, or for individual parcels that are subdivided for development purposes. (3) From the minimum building separation distance established between residential and nonresidential land uses. E. A clear zone void of structures, signage, vegetation, and berms shall be established in areas determined by the Fire Marshal to ensure appropriate emergency access for all land uses permitted under § 165- 504.06A and 165-504.06B. These identified areas shall begin at a distance of 25 feet from the structure and shall have a minimum width of 20 feet. An easement shall be obtained on adjoining properties to establish required clear zone areas if they cannot be provided on the individual lot proposed for development. § 165-504.07 Open space, landscaped area, and buffer and screening regulations. A. The minimum open space percentage for the MS (Medical Support) District shall include: (1) Twenty percent of the overall gross area of a master-planned MS (Medical Support) District that is to be developed as one parcel. (2) Twenty-five percent of the total site area of individual parcels that are subdivided for support services and 30% of the total site area of individual parcels that are subdivided for related residential land uses. B. All open space areas shall be landscaped to provide for a grass cover and vegetative elements as required under § 165-202.01D(13), regarding parking lot landscaping, and § 165-203.02, Buffer and screening requirements, of this chapter. Minimum standards for required vegetative elements include two-inch caliper trees and three-foot shrubs at the time of planting. Stormwater management facilities and landscaped parking lot raised islands shall be permitted to be calculated as part of the overall open space percentage. C. Buffer and screening requirements for the MS (Medical Support) District shall include: (1) Master development planned area that is to be developed as one parcel. (a) A fifty-foot perimeter buffer from all adjoining parcels. The first 25 feet of this buffer area, measured from the adjoining property line, shall provide vegetative plantings, including a single row of evergreen trees on ten-foot centers that are a minimum of four feet at the time of planting, and a single row of deciduous trees spaced 30 feet apart that have a minimum two- inch caliper at the time of planting. An earth berm that is four feet in height and constructed on a slope of 3:1 shall be provided in addition to the vegetative plantings if the primary use of the adjoining property is residential. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-202.01D(13), regarding parking lot landscaping, are met. 253 Proposed Changes – MS District Revised March 19,2024 (b) A fifty-foot internal separation buffer between all support service land uses and related residential land uses meeting the vegetative planting and earth berm requirements specified in § 165-504.07C(1)(a) of this Part 504. (c) An internal residential separation buffer between detached, semi-detached, and all other related residential land uses containing a twenty-five-foot buffer with a single row of evergreen trees on ten-foot centers that are a minimum of four feet at the time of planting. (d) Continuing-care retirement communities (as defined) shall be exempt from internal separation and internal residential separation buffers. (2) Master development planned area that is to be developed as individual parcels. (a) Buffer and screening requirements between all land uses which are not contained within the same categories identified in § 165-504.02B of this Part 504. (b) All land uses required to provide buffers and screening internal to the MS (Medical Support) District shall meet the requirements of a B Category buffer as described in § 165-203.02 of this chapter; as well as all other applicable provisions of this section. (3) All parcels within the MS (Medical Support) District which adjoin parcels that are utilized for agricultural activities shall provide the following buffers: (a) A one-hundred-foot buffer adjacent to a parcel whose primary use is agriculture. Agricultural land use shall be considered to be any parcel zoned RA (Rural Areas) District whose primary use is not residential or orchard. A twenty-foot landscaped easement, measured from the adjoining property line, shall be provided which contains a single row of evergreen trees on ten-foot centers that are a minimum of four feet at the time of planting and an earth berm that is three feet in height and constructed on a slope of 3:1. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165- 202.01D(13), regarding parking lot landscaping, are met. (b) A two-hundred-foot buffer adjacent to a parcel whose primary use is orchard. A forty-foot landscaped easement, measured from the adjoining property line, shall be provided which contains a double row of evergreen trees on ten-foot centers that are a minimum of four feet at the time of planting and an earth berm that is six feet in height and constructed on a slope of 3:1. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-202.01D(13), regarding parking lot landscaping, are met. (4) A road efficiency buffer meeting the requirements § 165-203.02E of this chapter shall be provided for all related residential land uses permitted in § 165-504.02B(5) of this Part 504. 254 ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses §165-204.08 Grocery and food stores. Grocery or food stores located in the B3 (Industrial Transition) Zoning District shall meet the following requirements: A. In the B3 (Industrial Transition) Zoning District: Maximum building square footage used for retail sales of grocery or food products shall not exceed 10,000 square feet. The 10,000 square feet shall not include area used for storage and warehousing of products. A.B. In the B1 (Neighborhood Business) Zoning District: Maximum building square footage used for retail sales of grocery or food products shall not exceed 15,000 square feet. § 165-204.37 Retail Stores (Drug, Health, and Personal Care). Retail Stores (Drug, Health, and Personal Care) located in the B1 (Neighborhood Business) District shall meet the following requirements: A. Maximum building square footage used for retail sales shall not exceed 15,000 square feet. 255 Planning Commission Agenda Item Detail Meeting Date: April 17, 2024 Agenda Section: Discussion/Information Items Title: Presentation on UDA Report - (Mr. Pearson) Attachments: 256 Planning Commission Agenda Item Detail Meeting Date: April 17, 2024 Agenda Section: Other Title: Current Planning Applications Attachments: 257