HomeMy WebLinkAbout05-24 BOS Staff Report REZONING APPLICATION #05-24
SILVER LAKE, LLC (ROUND HILL CROSSING)
Staff Report for the Board of Supervisors
Prepared: July 5, 2024
Staff Contact s: John A. Bishop, AICP, Assistant Planning Director
Reviewed Action
Planning Commission 07/03/2 4 Recommended Approval
Board of Supervisors: 07/10/2 4 Pending
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/10/24 BOARD OF
SUPERVISORS MEETING:
This is a request for a minor amendment to the approved proffer statement associated with rezoning (REZ)
application #01-09 (Silver Lake) to provide for a monetary contribution to Frederick County in lieu of the
design and construction of Phase 1 and Phase 2 improvements to the U.S. Route 50 and Virginia Route 37
interchange. This amendment has been coordinated with County and VDOT staff in support of the
County’s SmartScale application for interchange upgrades at the Route 37/US 50 Interchange.
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.
385
Rezoning #05-24 Silver Lake, LLC (Round Hill Crossing)
July 5, 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 update proffers from rezoning #01-09 (Silver Lake) to provide the
ability to give cash proffers in place of specific physical improvements to the Route 37/US 50 interchange.
LOCATION : The subject properties are generally located north of US Route 50 West on the corner of
Lutheran Boulevard and Northwestern Pike (US Route 50).
MAGISTERIAL DISTRICT : Gainesboro
PROPERTY ID NUMBERS: 52-A -C, 52-A-50, 52-A-50A, 52-A-52 and 52-A -63
PROPERTY ZONING : MS (Medical Services) District and B2 (General Business) District
PRESENT USE: Vacant and Continuing Care Retirement Community
ADJOINING PROPERTY ZONING & PRESENT USE :
North: RA Use: Agricultural/Vacant
South: RA Use: Residential/Vacant/Church
East: B2/RA Use: Vacant/Agricultural
West: RA/B2 Use: Residential/Commercial
REVIEW EVALUATIONS:
Planning & Zoning:
1) Site History
The property was included in the 2006 update to the Round Hill Land Use Plan which expanded the
Sewer and Water Service Area to include these and other properties and provided for an improved land
use plan for the Round Hill Community. This was approved by the Board of Supervisors in November
2007. The property was rezoned to a mix of B2 and MS Zoning Districts with Rezoning #01-09.
2) Comprehensive Plan
Land Use Compatibility
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 (last updated in 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.
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.
386
Rezoning #05-24 Silver Lake, LLC (Round Hill Crossing)
July 5, 2024
Page 3
The Plan and Round Hill Area Plan (approved 2007) identifies the subject property with a “business”
land use designation, reflective of the current zoning (B2) and as being within the limits of the Sewer
and Water Service Area (SWSA) and outside of the Urban Development Area (UDA).
3) Site Access and Transportation
No changes are being made to the proposed site access. The update to the transportation proffers is to
allow cash proffers instead of physical improvements in support of a funding application for upgrades
to the interchange at Route 37 and US 50.
4) Potential Impacts & Proffers
No new impacts are projected at this time as this is a modification of an existing proffer package.
Other Review Agency Comments:
R eview Agency Comment Issuance Date Status
Virginia Department of
Transportation (VDOT)
May 9, 2024 addressed
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 07/03/24 MEETING:
The Planning Commission asked clarifying questions regarding the potential amounts of the cash
contribution if the applicant should need to use that new portion of the proffers. Staff clarified that the
new proffers included language that engineering estimates would be created at the time the proffers
become payable and that such estimates would need to be agreeable to VDOT, the County, and the
Applicant. The Planning Commission then unanimously voted to recommend approval of the rezoning.
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.
387