HomeMy WebLinkAbout04-23 BOS Staff Report REZONING APPLICATION #04-23
DOVER HILL CROSSING II (K. DONDERO)
Staff Report for the Board of Supervisors
Prepared: October 30, 2023
Staff Contacts: M. Tyler Klein, AICP, Senior Planner
Reviewed Action
Planning Commission: 10/04/23 Recommended Approval
Board of Supervisors: 11/08/23 Pending
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 11/08/23 BOARD OF
SUPERVISORS MEETING:
This is an application to rezone approximately 4.75+/- acres from RA (Rural Areas) District to RP
(Residential Performance) District with proffers to enable the development of 25 or more single-family
attached (SFA, townhome) units. The subject property is in the Red Bud Magisterial District south of the
signalized intersection of Senseny Road (Route 657) and Channing Drive.
Staff notes the proposed rezoning does not include the “mix of uses” envisioned by the urban center land
use designation in the Comprehensive Plan and the Senseny/Eastern Frederick Area Plan (SEFLUP).
However, the proposed rezoning may otherwise be appropriate given the scale of the project and the
relatively small size of the property in question. Furthermore, the ability of the project to be connected in
the future to a larger, more integrated, and mixed-use development is possible. To that end, the rezoning
accommodates the future collector roadway (Channing Drive extended) and multiuse trail, which may
allow for future connectivity to the envisioned “urban center.”
The applicant has provided a proffer statement, dated October 18, 2023, that addresses capital impacts
to County services ($11,504 per unit; or $287,600 for the total project), necessary transportation
improvements for the extension of Channing Drive and future site access to adjoining parcels. There are
no outstanding review agency comments.
Following a public hearing on October 4, 2023, the Planning Commission unanimously recommended
approval of the application by the Board of Supervisors.
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
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October 30, 2023
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This report has been prepared by the Frederick County Planning Staff to provide information to
the Planning Commission and the Board of Supervisors to assist them in making a decision on
this application. It may also be useful to others interested in this zoning matter. Unresolved
issues concerning this application are noted by staff where relevant throughout this staff report.
PROPOSAL: To rezone 4.75 +/- acres from RA (Rural Areas) District to RP (Residential Performance)
District with proffers to enable the development of 25 or more single-family attached (SFA, townhome)
units.
LOCATION: The subject property is located at 2216 Senseny Road, Winchester; immediately south of
the signalized intersection of Senseny Road (Route 657) and Channing Drive.
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBERS: 65-A-16
PROPERTY ZONING: RA (Rural Areas) District
PRESENT USE: Single-Family Detached Residence
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RP (Residential Performance) Use: Open Space/Residential (Single-family detached)
South: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Vacant/Private Right-of-Way (ROW)
West: RA (Rural Areas) Use: Vacant
REVIEW EVALUATIONS:
Planning & Zoning:
1) Comprehensive Plan
The Comprehensive Plan is the guide for the future growth of Frederick County.
The Comprehensive Plan is an official public document that serves as the community's guide for
making decisions regarding development, preservation, public facilities and other key components of
community life. The Plan is developed with the input of the public and adopted by the Board of
Supervisors (lasted updated November 2021). The Plan is a vital tool that provides direction for future
growth, aimed at ensuring orderly well-planned development to promote, preserve and protect the
health, safety, general welfare, and quality of life for the citizens and businesses of Frederick County.
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The Area Plans in Appendix I of the Comprehensive Plan are the primary implementation tools and are
instrumental to the future planning efforts of the County.
Land Use Compatibility
The Comprehensive Plan and the Senseny/Eastern Frederick Area Plan (SEFLUP) provide guidance on
the future development of the subject property. The Plan identifies the subject property with a “urban
center” (Greenwood) land use designation and as being within the limits of the Sewer and Water
Service Area (SWSA) and Urban Development Area (UDA). The “Greenwood Urban Center,” as
stated in the plan:
“Provides an opportunity for a focal point for an area where most of the recent suburban
residential development has occurred. The Greenwood Urban Center is envisioned to introduce
a mix of uses into already developed areas in a way that builds the identity and enhances its
livability. This urban center should embrace a traditional main-street feel, be pedestrian-
friendly, ecologically sensitive, and architecturally distinctive, honor our region’s local heritage
and look to the future by promoting urban life in a dynamic new way. This lifestyle center
should be defined by tree-lined boulevards and an inviting central park area oriented around the
existing historic farmhouse and grounds. The residential densities in the core of this area are
envisioned to be in the 12-16 units per acre range, tapering off to 6 units per acre on its
perimeter. Anchored in all directions by existing and proposed schools and park areas, this
urban center is tailored to be the future focal point of the Senseny Road and Greenwood Road
area.”
Staff notes the proposed rezoning does not include the “mix of uses” envisioned by the urban center land
use designation in the Comprehensive Plan.
However, it may otherwise be appropriate given the scale of the project and the relatively small size of the
property in question. Furthermore, the ability of the project to be connected in the future to a larger, more
integrated, and mixed-use development is possible. The proposed rezoning is on the northeast corner of the
plans designated urban center area and has a proposed density of 5.26 dwelling units/acre (25 units on
4.75-acres) which is consistent with the plans desired density along the perimeter of the Greenwood Urban
Center. Finally, the proposed rezoning also accommodates the future collector roadway and multiuse trail,
detailed below, which may allow for future connectivity to the envisioned urban center.
2) Site Access and Transportation
The Eastern Road Plan, contained in the Comprehensive Plan, identifies a “new major collector
roadway” bisecting the subject property extending Channing Drive south from the intersection with
Senseny Road to Route 50. A new multiuse trail, running parallel to the extension of Channing Drive is
also identified in the adopted plan. Senseny Road (Route 657) is identified as an “improved major
collector” roadway, ultimately a four-lane urban roadway. The SEFLUP also emphasizes access
management, particularly along primary roadways.
The right-of-way for the future extension to Channing Drive (105’ wide) on the subject property and
multiuse trail are depicted on the included Generalized Development Plan (GDP) dated July 12, 2023.
A two-lane portion of Channing Drive extended is proffered to serve as access to the development, with
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no additional points of access proposed directly from Senseny Road. The rezoning is generally
consistent with the adopted plan policy.
3) Potential Impacts & Proffers
Capital Costs
When evaluating capital costs of new residential development, the County projects per unit costs
through the Capital Impact Model (CIM). The CIM is an economic tool that the County utilizes when
considering land use planning policy decisions and rezoning applications. The model has been designed
to project fiscal impacts that may result with land use change decisions. The model was originally
adopted by the Board of Supervisors (BOS) in 2005, then known as the Development Impact Model
(DIM). In 2018 a significant update on the model was adopted and the model was renamed the Capital
Impact Model. The last annual update to the CIM was made staff and the adopted by the BOS on
October 11, 2023.
A summary of the project outputs for a 25-unit single-family attached (SFA – townhome) development
in the Red Bud district is provided below (and full summary included in the attachments to this staff
report). The Capital Impact Model (as of October 12, 2023) projects a per unit capital cost to the
County of approximately $9,912*.
*The Capital Impact Model (CIM) projections for the proposed development decreased between the
Planning Commission public hearing (10/4/23) the Board of Supervisors public hearing (11/8/23). The
staff report reflects the updated CIM projections.
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Proffer Statement
The applicant has provided a proffer statement dated October 18, 2023, including monetary
contributions to County departments and non-monetary improvements. The applicant, as included in the
proffer statement, proposes a per unit contribution of $11,504 per SFA unit (for a project total of
$287,600) to offset capital impacts as follows (staff has include the per unit CIM projection for
reference):
County Department Capital Impact Model
Projection
Proffered Monetary
Contribution
Parks & Recreation $734 per unit $1,133 per unit (Proffer 2.1)
Fire & Rescue $39 per unit $437 per unit (Proffer 3.1)
Public Schools $8,889 per unit $9,287 per unit (Proffer 4.1)
Sheriff $248 per unit $647 per unit (Proffer 5.1)
The above proffered monetary contribution exceeds the projected capital impact for the proposed 25-
unit SFA development ($1,592 per unit or $39,800 total).
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In addition to the above monetary contributions, the applicant proposes the following other proffered
commitments:
• Proffer 1.1: Limit the total number of single-family attached (SFA townhome) units that may be
developed on Land Bay A to 25; Land Bay B may also be developed with an unspecified
number of units, and to prohibit the development of multifamily units on the subject property.
• Proffer 8.1: Construction of a two-lane extension of Channing Drive, south of Senseny Road,
and terminating at the southern property line to serve as access to the development.
• Proffers 8.2 & 8.3: Reserve area for future right-of-way (ROW) dedication for the full section
of Channing Drive and future multiuse trail (105-feet in width) and reserve area for future inter-
parcel connection to the lot south of the subject property.
Other Review Agency Comments:
Review Agency Comment Issuance
Date
Status
Virginia Department of Transportation (VDOT) May 10, 2023 Comments resolved.
Frederick Water April 24, 2023 Comments resolved.
Frederick County (FC) Public Works April 25, 2023 No comments.
FC Fire Marshal May 9, 2023 No comments.
FC Parks and Recreation April 25, 2023 No comments.
FC Public Schools (FCPS) May 3, 2023 Comments resolved.
FC Attorney May 2, June 23, &
October 27, 2023
Acceptable form.
Staff notes there are no outstanding issues from agency comments and the proffer statement is in a
form acceptable to the County Attorney.
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 10/04/23 MEETING:
The Planning Commission held a public hearing on October 4, 2023. One (1) member of the public
spoke in support of the application, noting the need for workforce housing in the community. The
primary discussion among the Planning Commission was the capital impacts of the development on
County services and the “capacity triggered” proffer amount versus the “full capital impact” amount.
Some members of the Planning Commission expressed concerns with the potential growth of housing
coming to the County and the County’s ability to capture capital costs through the current proffer
legislation. Staff noted, while valid, these concerns were outside of the scope of the rezoning and may
require a broader discussion of residential development in a work session format. The Planning
Commission unanimously recommended the application go forward to the Board of Supervisors for
approval.
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.