HomeMy WebLinkAbout03-24 PC Staff Report - April 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