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HomeMy WebLinkAbout03-24 BOS Staff Report - July REZONING APPLICATION #03-24 Snowden Bridge & Stephenson Village II Staff Report for the Board of Supervisors Prepared: July 1, 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 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/10/24 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 toy, housing type mix, voluntary cash proffers, recreational amenities, 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). The proffer statement (revised May 20, 2024) is in an acceptable legal form. This is an action item ready for Board of Supervisors action. The following application deficiency remains outstanding and should be brought to the attention of the Board of Supervisors for discussion: • Any units developed up to the proposed trigger (1,726th non-age restricted residential units; approximately 500 more units) will continue to utilize the original proffered amount of $8,863 (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 per unit short of the County’s current calculations of capital impact. 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 July 1, 2024 Page 2 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, housing type mix, voluntary cash proffers, recreational amenities, 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. 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 following page summarizes residential development to date. Rezoning #03-24 Snowden Bridge & Stephenson Village II July 1, 2024 Page 3 Project PhaseT 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. 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 Rezoning #03-24 Snowden Bridge & Stephenson Village II July 1, 2024 Page 4 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 for the proposed change to enable 240 additional non-age restricted 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 (revised May 20, 2024, Proffer 4) provides a per unit contribution of $20,309 for single-family detached units and $19,038 for single-family attached (townhome/multiplex) units commencing with the 1,726th non-age restricted residential unit. This is consistent with County’s CapIM output (2023). CapIM – SFD Projection CapIM – SFA Projection 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) $8,863 $20,309 $20,309 $0 Single-Family Attached (SFA – Townhome) $8,863 $19,038 $19,038 $0 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 $8,863, would continue to apply to all market-rate units up to the 1,726th non-age restricted residential unit (approximately 500 additional units). Active adult units have a proffer contribution (2003) with escalation of $2,567.06 (the current CapIM for age- restricted units for this development is $652). 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 non-age restricted SFD and SFA units. Further, the trigger (1,726th non-age restricted residential unit) for when the new per unit contribution takes effect may never be fulfilled depending on the final land use mix of age-restricted and non-age restricted units developed in Phase 2 of the community (TBD). 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. Rezoning #03-24 Snowden Bridge & Stephenson Village II July 1, 2024 Page 8 The proffer statement, revised May 20, 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 non-age restricted residential units and reduces the number of active-adult (age-restricted) units. non-age restricted units, compared to active-adult units, have a significantly greater capital cost to County services, such as public school. • 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 $20,309 for single-family detached and $19,038 for single-family attached commencing with the 1,726 non-age restricted residential unit. Staff Comment. Given the requested change to the land use matrix proffer (above), enabling additional non-age restricted 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 Rezoning #03-24 Snowden Bridge & Stephenson Village II July 1, 2024 Page 9 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 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). 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 (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 July 1, 2024 Page 10 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 May 22, 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 “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. Rezoning #03-24 Snowden Bridge & Stephenson Village II July 1, 2024 Page 11 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). 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. 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.