Loading...
HomeMy WebLinkAbout03-24 BOS Staff Report - August REZONING APPLICATION #03-24 Snowden Bridge & Stephenson Village II Staff Report for the Board of Supervisors Prepared: August 7, 2024 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission 04/17/24 Tabled 30 Days Planning Commission 06/05/24 Recommended Denial Board of Supervisors 07/10/24 Postponed Board of Supervisors 08/14/24 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 08/14/24 BOARD OF SUPERVISORS 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 the housing type mix, the timing and unit trigger for the completion of the two (2) lane segment of Snowden Bridge Boulevard, and the timing and location of commercial development. 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 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 planned transportation improvements identified in the Plan, including future Route 37 right-of-way along the southern property boundary, and as such may not be fully compatible with Plan policies. The Planning Commission at their June 5, 2024, regular meeting recommended denial of the rezoning (Commissioners Aikens, Molden, Sneddon, Triplett – No; Commissioner Kozel – Abstain; Commissioners Markert, McKay & Stowe – Absent). Staff would note the proffer statement before the Planning Commission was substantively different than the July 30, 2024, version presented to the Board of Supervisors. Previous changes included modifying the housing type mix to allow for additional non-age restricted units, modifying cash proffer contributions, and the addition of a second recreational amenity for the non-age restricted portion of the project. These elements have been removed from the current project proposal. The proffer statement (revised July 30, 2024) is in an acceptable legal form. The following items are unresolved and should be brought to the attention of the Board of Supervisors for additional discussion: • The completion of the two (2) lane section of Snowden Bridge Boulevard through the development in the amended proffer statement is not proposed to be completed until the later of December 31, 2028, or the 1,600th building permit. The active adult portion of the community (currently under construction - 740 units planned) and the commercial center (if relocated) will only be accessible from Snowden Bridge Boulevard through the industrial park, and the non- age restricted portion will continue to have access only from Old Charlestown Road (currently Rezoning #03-24 Snowden Bridge & Stephenson Village II August 7, 2024 Page 2 1,226 units built). Until the end of 2028 there may be no connection made between the two phases of the project and the non-age restricted portion of the project will not be able to access the commercial center until the road connection is made. It is worth noting that with the proffered commercial development start date of October 2027 it is reasonable to assume that the commercial center completion and road construction (end of 2028) may align if the developer diligently pursues completion of the commercial center. • 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 non-residential uses. The phasing plan for the development shall include a reasonable portion of the non-residential uses in all phases of the development.” The proffer statement, as proposed, does not commit to desirable or complementary uses for a residential community. Further, the proffer statement removes the proffered cap on the commercial center (250,000 SF) and affirms the overall commitment of the commercial center to only 60,000 SF. Note: The original proffer statement required the commercial center to be between 60,000 SF and 250,000 SF. 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. Rezoning #03-24 Snowden Bridge & Stephenson Village II August 7, 2024 Page 3 This report has been prepared by the Frederick County Planning Staff to provide information to the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. PROPOSAL: This is 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 the housing type mix, the timing and unit trigger for the completion of the two (2) lane segment of Snowden Bridge Boulevard, and the timing and location of commercial development. 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, including a mix of housing types and age-restricted units. Capital facilities impacts are mitigated through cash proffers: $8,863 (SFD & SFA units, 2023 valuation with escalation), and $2,534.00 for active adult (age-restricted) units. The approved proffers also contemplate a minimum 33-acre commercial center with up to 250,00 square feet (SF of 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). Note: The proffered capital contributions were approved in 2003 and while the proffer statement Rezoning #03-24 Snowden Bridge & Stephenson Village II August 7, 2024 Page 4 included an escalation cause, the 2024 value is well short of the County’s current project capital cost for non-age restricted SFD and SFA units. The approximate shortfall is $11,446 per SFD unit and $10,175 per SFA unit. The table on the following page summarizes residential development to date. Project Phase Housing Type Approved Total Units Built (to-date) Unbuilt Units Snowden Bridge (Ph. I) Single-Family Detached (SFD) 672 669 3 Snowden Bridge (Ph. I) Townhome/Multiplex (TH/MP) 557 557 0 Total - Phase I 1,229 1,226 3 Stephenson Village II (Active-Adult (AA)) SFD 141 0 141 Stephenson Village II (AA) TH/MP 599 0 599 Stephenson Village II (Non- Age Restricted) SFD 220 0 221 Stephenson Village II (Non- Age Restricted) TH 272 0 217 Total – Phase II 1,232 0 1,232 Project Total (Phases I & II) 2,461 1,226 1,235 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 June 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. A 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). Rezoning #03-24 Snowden Bridge & Stephenson Village II August 7, 2024 Page 5 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 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. 2) Generalized Development Plan (GDP), Proffer Statement & Impact Analysis The Generalized Development (GDP, dated July 30, 2024) depicts changes to Land Bay III and the relocation of the commercial land bay to Land Bay V. The proffer statement, revised July 30, 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. Staff Comment: The proposed change to the land use matrix would not enable additional non-age restricted units, rather it would allow the developer to build additional townhome units. Staff does not anticipate this change to the housing types mix to have a significant impact on capital facilities as townhome units typically are less impactful than SFD units. The total number of units for the project (2,465), the non-age restricted portion (1,725) and the active adult portion (740) remains unchanged. Rezoning #03-24 Snowden Bridge & Stephenson Village II August 7, 2024 Page 6 • Proffer 7(A)(1)(a): Revision to “Multi-modal Transportation Improvements” to modify the completion of the two (2) lane section of the major collector road (Snowden Bridge Boulevard) on or before the later of December 31, 2028, or the issuance of the 1,600th building permit. Staff Comment: The completion of the two (2) lane section of Snowden Bridge Boulevard through the development in the amended proffer statement is not proposed to be completed until the later of December 31, 2028, or the 1,600th building permit. The active adult portion of the community (currently under construction - 740 units planned) and the commercial center (if relocated) will only be accessible from Snowden Bridge Boulevard through the industrial park, and the non-age restricted portion will continue to have access only from Old Charlestown Road (currently 1,226 units built). Until the end of 2028 there may be no connection made between the two phases of the project and the non-age restricted portion of the project will not be able to access the commercial center until the road connection is made. It is worth noting that with the proffered commercial development start date of October 2027 it is reasonable to assume that the commercial center completion and road construction (end of 2028) may align if the developer diligently pursues completion of the commercial center. • 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 October 2, 2027. 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.” The completion of commercial square footage should coincide with development of additional residential units and should provide for uses that are complementary to a residential community (i.e. neighborhood scale convenience and personal service type businesses). The proffer statement removes the proffered cap on the commercial center (250,000 SF) and affirms the overall commitment of the commercial center to only 60,000 SF. Note: The original proffer statement required the commercial center to be between 60,000 SF and 250,000 SF. Note: the original proffer statement (REZ #06-03) required within 18-months of the 1,200th residential unit, a minimum of 60,000 square feet of commercial uses be provided. This requirement has already been triggered (as of February 2024) 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. An additional 24-month extension to the requirement may also be requested, as the grocery store is now located within 3 miles of the community (Winchester Gateway center and Rutherford Crossing center). This would extend the trigger to October 2027, consistent with the requested proffer amendment. Rezoning #03-24 Snowden Bridge & Stephenson Village II August 7, 2024 Page 7 Other Review Agency Comments: PLANNING COMMISSION SUMMARY AND ACTION FROM THE 04/17/24 MEETING: The Planning Commission held a public hearing on April 17, 2024. Several concerns were identified and discussed in detail by the Commissioners including not fully addressing capital facility impacts through voluntary monetary contributions, removal of minimum commercial area square footage and modifying timing for commercial area development to the end of the project, the removal of rent-free county office space, and the overall impact of new non-age restricted residential units to the County. One (1) speaker spoke in opposition to the proposed rezoning and note concerns with unaddressed future Route 37 right-of-way on the subject property, impact to County schools, the lack of commercial development within the development and removal of rent-free county office space. The Planning Commission unanimously recommended tabling action on the proposed rezoning for 30-days (Commissioner Tripplet – Absent). 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 August 2, 2024 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.” See comment letter for all Frederick Water comments. Frederick County Public Schools (FCPS) February 21, 2024 “Enrollment at Jordan Springs ES currently exceeds capacity and is projected to remain that way.” See comment letter for all FCPS comments. Rezoning #03-24 Snowden Bridge & Stephenson Village II August 7, 2024 Page 8 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 06/05/24 MEETING: The Planning Commission held a public meeting on June 5, 2024, and recommended denial of the proposed rezoning (Commissioners Aikens, Molden, Sneddon, Triplett – No; Commissioner Kozel – Abstain; Commissioner Markert, McKay & Stowe – Absent). In their discussion, the Planning Commission stated concerns with the capital impacts of this development on County services, specifically on schools. Commissioners noted that by allowing additional non-age restricted units (240) which would generate more school-age children, this would further exacerbate the capital impact concerns. It was noted that the development has a significant number of unbuilt units, both age and non- age restricted units, and that the development at the time of approval contemplated up to 250,000 square feet (SF) of commercial development to off-set capital impacts of the community and now only 60,000 SF of development was being proposed. Note: The proffer statement before the Planning Commission was substantively different than the July 30, 2024, version presented to the Board of Supervisors. Previous changes included modifying the housing type mix to allow for additional non-age restricted units, modifying cash proffer contributions, and the addition of a second recreational amenity for the non-age restricted portion of the project. These elements have been removed from the current project proposal. 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.