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HomeMy WebLinkAbout10-24 PC Staff Report REZONING #10-24 Winchester East at Opequon Crossing (Riggleman-Gross) Staff Report for the Planning Commission Prepared: January 8, 2025 Staff Contact: M. Tyler Klein, AICP, Senior Planner Executive Summary: Meeting Schedule Planning Commission: 12/18/2024 Planning Commission: 01/15/2025 Action: Work Session Action: Pending Board of Supervisors: 02/12/2025 Action: Pending Property Information Property Identification Number (PIN) 65-A-194B & 65-A-195 Address 2737 & 2747 Senseny Road, Winchester Magisterial District Red Bud Acreage +/- 91.7-acres Zoning & Present Land Use Zoning: RA (Rural Areas) District Land Use: Residential/Agricultural Proposed Zoning RP (Residential Performance) District Adjoining Property Zoning & Present Land Use North: RP (Residential Performance) District Land Use: Residential/Open Space South: Rural Areas (RA) District Land Use: Residential East: Clarke County Land Use: Clarke County West: RP (Residential Performance) District Land Use: Residential (single-family detached) Proposed Use This is a request to rezone two (2) parcels totaling +/-91.7-acres from the RA (Rural Areas) Zoning District to the RP (Residential Performance) Zoning District with proffers to develop up to 303 single-family residential units. Positives Concerns The proposed rezoning “generally” implements Plan policy specific to residential land uses on portions of the property west of future Route 37. A significant portion of the site around the Opequon Creek is designated for open space Proffer 7 requires several clarifications regarding approval of engineering for design of public roadways, access to the proposed major collector roadway, points-of-access to the development from adjoining properties and roadways, construction access, and 10’ wide shared use trail location. Clarity is needed to 31 Page 2 of 12 and recreation (trail) with public access proffered if there are other public trails connected to it. This serves to provide a natural buffer to rural areas in Clarke County to the east and implements Plan policy specific to natural resource conservation and preservation. The rezoning promotes a portion of a more near-term solution to circulation and the future transportation network between Senseny Road and Route 7 that is supported; recommended in the draft Eastern Frederick County Transportation Study (EFCTS). The proffer statement fully implements Capital Impact Model (CapIM) monetary contributions for residential housing types. To address impacts on adjoining residences, the proffer statement restricts the hours of operation for construction activities, including deliveries, on the property from 7AM to 9PM Monday through Friday and 9AM to sunset on Saturdays. ensure orderly and timely development of transportation improvements and achieving desired circulation and access. The proposed two-lane section of the future major collector roadway is only to be provided to the intersection serving the residential land bays within the development and not to the limits of development adjoining the Opequon Crossing community. This leaves a significant gap to create/complete a road connection between Senseny Road and Hallowed Crossing Lane (and ultimately Route 7) as identified in the Eastern Frederick County Transportation Study. Proffer 11.1 specifies interest on monetary contributions would not take effect until 20- months after the rezoning is approved and caps the annual interest at 6% per year uncompounded. Generally speaking, inflation compounds and in turn this may not otherwise offset anticipated inflation. A revised proffer statement, dated January 6, 2025, has been included for consideration. 32 Page 3 of 12 Review Agency Comments: Review Agency Comment Date Comment Summary Status Frederick County (FC) County Attorney October 25, 2024 See attached letter. Legal form. Frederick Water October 11, 2024 “The application's Impact Statement is silent on proposed water and sewer demands. The applicant will need to ensure that adequate water distribution and sanitary sewer conveyance and treatment system capacity is available to achieve the projected build-out of the project. It is the applicant's responsibility to design, acquire easements, and construct the extensions of water and sewer services necessary to satisfy their proposed demands. The Proffer Statement does acknowledge the applicant's responsibility to extend services and construct a pump station to ultimately convey sanitary flows to Frederick Water's sanitary sewer system.” See attached letter. Virginia Department of Transportation (VDOT) November 26, 2024 See attached letter. Comments addressed. FC Public Works September 30, 2024 “A comprehensive review shall be performed if a site plan is submitted in the future.” FC Fire Marshal October 1, 2024 “All fire department access roads, fire lane markings, water supply needs, and other applicable development shall meet the criteria of the current addition of the Frederick County Fire Prevention Code in future developments.” Frederick Park & Recreation October 1, 2024 “Referenced recreation areas are not shown on GDP. A shared use path (10’) along Senseny Road frontage and a recreation trail providing creek access along Opequon Creek are recommended.” Comments partially addressed. 33 Page 4 of 12 Historic Resources Advisory Board (HRAB) October 18, 2024 See attached letter. Comment addressed. Frederick County Public Schools September 3, 2024 See attached letter. Frederick-Winchester Health Department September 26, 2024 “This office has no objections to the proposed rezoning.” Clarke County – Department of Planning October 8, 2024 See attached letter. Comments partially addressed. 34 Page 5 of 12 Planning & Zoning Staff Analysis: Comprehensive Plan Conformance: The Comprehensive Plan (adopted November 2021) and the Senseny/Eastern Frederick Urban Area Plan (SEFUAP) provide guidance on the future development of the subject property. The Plan identifies the subject properties as “residential” and “rural areas.” The subject properties are also within the limits of the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The Area Plan states: “Outside of the urban centers described above, the residential land uses in the Senseny/Eastern Frederick study area are defined in three main categories: • R4 – these are generally reflective of our existing residential densities at approximately 4 units per acre. • R6 – these are slightly higher residential densities at approximately 6 units per acre (this is generally attached house development). • Higher density residential – these are generally multifamily and a mix of other housing types with densities of approximately 12-16 units per acre (this density is necessary to accommodate the anticipated growth of the County within the urban areas and is essential to support the urban center concept identified in the Comprehensive Plan and this study). The residential land uses outside and east of Route 37 are envisioned to be rural area residential in character. Route 37, to the north and east of Route 50, may generally be considered as the boundary between the urban areas and rural areas within this study area. This provides a transition area to the Opequon Creek and to the well-established rural character of adjacent Clarke County.” The rezoning proposes “single family residential (attached and/or detached)” in areas identified for future “residential” land uses. However, the generalized development plan (GDP, dated 11/19/24) also identifies “single-family residential” in areas planned to remain “rural” (i.e. those areas east of future Route 37 and the planned transition area to the Opequon Creek and Clarke County. In this respect, the proposed rezoning is not fully consistent with the adopted Plan policy as it pertains to future land use compatibility east of future Route 37. However, it may otherwise be appropriate to develop the site as “residential” given the surrounding/existing residential neighborhoods to the north, west and south. The Area Plan also identifies “Natural Resources” around Opequon Creek. The Plan states: “Within the Senseny/Eastern Frederick Urban Areas Plan, effort should focus on the creation of greenways, stream valley parks and stream buffers around waterways, while taking into account environmentally sensitive areas. Pedestrian facilities should be constructed that connect these features to other public facilities. Many such examples have been identified on the accompanying map. Environmental corridors should be incorporated with all development activities to ensure safe movement and protection of species and future development within the study area should take into account the natural resources located on and around their property.” 35 Page 6 of 12 The proposal includes the use of the Opequon Creek watershed for recreational purposes, including a 6-foot (FT) wide natural surface trail (Proffer 2.2 and GDP). Transportation & Site Access: The Plan identifies transportation improvements in the vicinity of the subject properties, including the future Route 37 bypass (“major arterial roadway”) which bisects the subject properties (north/south). Senseny Road (Route 657) is identified as an “improved major collector,” and future multi-use trails planned Senseny Road and Future Route 37. The proffer statement and the GDP include right-of-way (ROW) reservation for future Route 37 (104’) and additional widths as required, and construction of two (2) lanes as access to the residential land bays from Senseny Road. Additionally, the rezoning proposal addresses the future widening of Senseny Road to an “improved major collector” and the Plan identified 10’ multi-use trails are absent from the proposal. The applicant should further study if connections can be made to existing off-street trails in Senseny Glen and Twin Lakes subdivisions. The proposal generally implements Plan policy specific to future right-of-way dedication for Route 37 and improved Senseny Road. It is anticipated that development of up to 303 single-family residences will create additional vehicle traffic impacting on the existing network (Senseny Road, Greenwood Road, Channing Drive). However, the Traffic Impact Analysis (TIA, September 19, 2024) notes: “All study intersections operate at an acceptable level of service and queues with and without the addition of the proposed development. Based on the capacity and queueing analysis results, the proposed development will not have a substantial impact on the surrounding transportation and roadway network. Therefore, no improvements are recommended to mitigate the traffic generated by the proposed development.” 36 Page 7 of 12 The TIA study intersections included Senseny Road and Twinbrook Circle/Senseny Glen Drive (existing), Woodrow Road/Canyon Road and Channing Drive (existing), and Senseny Road and proposed site entrance (future). The rezoning promotes a more near-term solution that is recommended in the draft Eastern Frederick County Transportation Study (EFCTS), which the Board of Supervisors has not yet endorsed (anticipated January 2025) but has been reviewed and endorsed by the Transportation Committee (TC) and the Planning Commission. A graphical representation of the project identified on the subject properties (#4), projected costs, and project analysis taken from the study is included below for context. The development of access points on the parkway, envisioned by the EFCTS, should be minimized to the maximum extent reasonably possible to preserve future north south flows. However, this proposal while implementing a segment of the identified major collector roadway on the subject properties between Senseny Road and Route 7 (via Hallowed Crossing Way/Opequon Crossing) would still leave a significant gap in the transportation network between the northern limits of this 37 Page 8 of 12 development and the current terminus of Hallowed Crossing Way, and completion of the ultimate link between the two roadways. This segment would need to be completed by others, potentially Frederick County, and may require state and/or federal transportation dollars that are yet to be secured. The timeframe to secure funding, design and construct the remaining segment is estimated to be 6-8 years or more depending upon funding source and success of funding applications. Capital Impacts & Levels-of-Service (LOS): 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 from land use change decisions. The Board of Supervisors updated the County’s adopted Capital Impact Model on October 9, 2024. Cash proffer categories (per the Code of Virginia) are limited to public safety facilities, school facilities, and parks and recreation facilities. Below is the projected capital impact by unit type from the County’s adopted Capital Impact Model (CapIM) for single-family detached and attached units. Single-Family Detached (SFD) Single-Family Attached (SFA 38 Page 9 of 12 The applicant has proffered $17,322 per single-family detached (SFD) unit and $15,596 per single- family attached (SFA) unit. As proffered (1/6/25), the rezoning fully implements CapIM monetary contributions for proposed residential housing types. The proposed 303-unit residential development is projected to generate 113 students (49 elementary school aged children; 26 middle schoolers and 38 high schoolers). The current public schools’ level of service (LOS, 2024) for facilities that would serve the proposed development are as follows: Public Schools Level of Service (LOS)* School Current Enrollment (2023) Program Capacity (2020) % (CapIM) % (with proposed development generated students)** Greenwood Mill Elementary School 590 696 84.63% 91.8% Admiral Richard E Byrd Middle School 817 900 90.44% 93.6% Millbrook High School 1,563 1,341 116.33% 119.4% *CapIM Output – October 2024 **Planning and Development staff generated Proffer Statement, Generalized Development Plan (GDP), & Impact Analysis: Proffer Statement (Revised 1/6/2025) Staff Comment Proffer 1 – Land Use No comment. Proffer 2 – Parks and Recreation No comment. Proffer 3 – Proffer Payments No comment. Proffer 4 – Creation of Homeowners’ Association No comment. Proffer 5 – Water and Sewer No comment. Proffer 6 – Historic Resources No comment. 39 Page 10 of 12 Proffer 7 - Transportation Proffer 7.1 and Proffer 7.6 should further specify final engineering of public roadways is also subject to Virginia Department of Transportation (VDOT) approval. Proffer 7.2 should further specify access to Senseny Road (Route 637) is limited to one (1) entrance. The proffer could be further enhanced by limiting access to the development to three (3) total entrances, as noted in the VDOT comment letter, one (1) from Senseny Road, one (1) from Canyon Road, and one (1) from Hallowed Crossing Way (future connection). Proffer 7.3 should be revised to specify when access to Canyon Road will be provided, for example occupancy of 50% of the residential units. The proffer should be further clarified to prohibit access to Canyon Road for construction vehicles and materials. Proffer 7.4 should further clarify that access to the “major collector road” should be limited to one (1) point of access for each residential land bay as shown on the GDP. Proffer 7.5 and the generalized development plan (GDP) should further extend the to-be constructed “two-lane section of a major collector roadway” beyond the proposed intersection and to the limits of the future bridge. A trigger should be included requiring the two-lane section of the major collector road to be completed prior to occupying the first residential unit. Staff is concerned that absent this trigger and implementation of the two-lane section, all new trips generated by the development would only have access from Canyon Road/Senseny Glen subdivision until the access road is complete. Proffer 7.8 should be revised to specify that the 10’ wide shared used path should continue to extend along the proposed two-lane section of the future connector road, and the GDP 40 Page 11 of 12 should be updated to reflect this trail section as well. Trail connectivity from the proposed development to existing residential communities to the west may also be appropriate. Proffer 8 – Exclusion of Public Property from Proffers No comment. Proffer 9 – Severability No comment. Proffer 10 – Binding Effect No comment. Proffer 11 – Escalator Cause Interest on monetary contributions would not take effect until 20-months after the rezoning is approved and caps the annual interest at 6% per year uncompounded. Generally speaking, inflation compounds and in turn this may not otherwise offset anticipated inflation. 41 Page 12 of 12 The generalized development plan (GDP) dated November 19, 2024, is included below. Please note, the GDP was not updated following the Planning Commission work session. The GDP depicts the future right-of-way for Senseny Road, future Route 37, the half-section (two-lane) major collector roadway, shared 10’ shared use path, preserved open space, 6’ natural surface trail along Opequon Creek, and the proposed residential land bays. Planning Commission Summary from 12/18/24 Work Session The Planning Commission held a work session at 6p.m. on Wednesday December 18, 2024, to discuss the proposed rezoning application with staff and the applicant and their representatives (Commissioners Kerns & Tripplet absent). Issues discussed for the applicant to address prior to the public hearing: the need to complete the planned road connection between Senseny Road and Hallowed Crossing Way (and ultimately Route 7) of which only a portion is proffered to be completed, monetary contributions (including the proposed “credit” for future ROW) to offset anticipated capital impacts, particularly to public schools, and revisions to transportation proffers regarding site access and circulation (including inter-parcel connection to Canyon Road/Senseny Glen). Following a public hearing, staff are seeking a recommendation from the Planning Commission to forward to the Board of Supervisors on this rezoning application. 42