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HomeMy WebLinkAbout07-25 BOS Staff ReportREZONING #07-25 Madison 277 (Madison II LLC) Staff Report for the Planning Commission Prepared: February 4, 2026 Staff Contact: M. Tyler Klein, AICP, Senior Planner Executive Summary: Meeting Schedule Planning Commission: November 5, 2025 Planning Commission: December 3, 2025 Planning Commission: January 21, 2026 Action: Work Session Action: Public Hearing held; action tabled Action: Recommended Approval Board of Supervisors: February 11 , 2026 Action: Pending (Public Hearing) Property Information Property Identification Number (PIN) 87-A-15 Address 1702 Fairfax Pike, White Post Magisterial District Opequon Acreage +/- 149.02 Zoning & Present Land Use Zoning: RA (Rural Areas) Land Use: Agricultural Proposed Zoning R4 (Residential Planned Community District) Adjoining Property Zoning & Present Land Use North: RA (Rural Area) Land Use: Residential & Vacant South: R5 (Residential Recreation Community) District Land Use: Residential (Lake Frederick) East: R5 Land Use: Residential (Lake Frederick) West: RA Land Use: Vacant Proposed Use This is a request to rezone one (1) parcel totaling approximately +/-149.02-acres from the RA (Rural Areas) Zoning District to the R4 (Residential Planned Community) Zoning District with proffers to enable the development of up to 596 residential units and +/- 30-acres of commercial development. Positives Concerns The rezoning request proposes a zoning district, R4, which may be associated with the Plan identified land uses in the Comprehensive Plan for “neighborhood village.” As modified, the proposal enables The TIA noted intersection improvements are required at the intersection of Route 522/Fairfax Pike (Route 277) and Route 340. This off-site improvement is unaddressed in the proffer statement and may not otherwise Page 2 of 11 commercial uses along the frontage with Route 277 (Fairfax Pike) that aligns with the designated “mixed use office/commercial (MUOC)” land use designation. Proffered use restriction to B1 and B2 uses in Land Bay 1A and “medical uses” in Land Bay 1B address plan policy for the type of commercial uses envisioned in the Lake Frederick UDA. The rezoning proposal is generally consistent with adopted Plan policy. The proffer statement fully implements CapIM monetary contributions for multifamily residential dwelling units. In addition to implementing planned transportation improvements on the subject property, the proffer statement fully commits to implementation of any recommended transportation improvements at the site entrance and Route 277 as stipulated by a signal justification report (SJR; to-be- completed). The proffer statement further commits to the construction of off-site improvements to address transportation impacts at White Oak Road/Hudson Hollow Road and Fairfax Pike (Route 277). The proffer statement includes “quality of design” elements, addressing Plan policy, for high quality commercial and residential building materials to harmonize with the Lake Frederick community. A 25’ wide mature woodland landscape buffer is proposed along the property line with the existing residential development (Lake Frederick). fully address transportation impacts to the studied intersection. The proffer statement does not fully implement Capital Impact Model (CapIM) monetary contributions for single-family detached and townhome (single-family attached) housing types. Capital impacts to County services for schools, fire and rescue services, parks, and recreation for these housing types remain partially unaddressed (see explanation on page 6). Page 3 of 11 Review Agency Comments: Review Agency Comment Date Comment Summary Status Virginia Department of Transportation (VDOT) 01/12/2026 See comment letter. Partially addressed. Off-site improvements identified in TIA to mitigate impacts to intersection of 277/522/340 are unaddressed. Frederick Water 10/04/2025 See comment letter. Frederick County Public Works 09/25/2025 “We offer no comment at this time.” Frederick County Parks and Recreation 09/30/2024 See comment letter. Frederick County Fire Marshal 11/01/2024 “Future development shall comply with the Frederick County Fire Prevention Code and other applicable codes pertaining to life safety.” Frederick County Attorney 01/12/2026 Legal form. Frederick County Public Schools 10/07/2024 See comment letter. Planning & Zoning Staff Analysis: Site History: A Comprehensive Policy Plan Amendment (CPPA*) #01-23 was approved by the Board of Supervisors on January 10, 2024. The CPPA created a new non-contiguous Urban Development Area (UDA) to encompass the subject property and Lake Frederick community and amended the designated future land use of the subject property to “mixed-use industrial office (MUIO)” and “neighborhood village.” Page 4 of 11 *The CPPA was requested by the property owner seeking the rezoning. Comprehensive Plan Conformance: The Comprehensive Plan (adopted November 2021) and the Southern Frederick Area Plan (SOFRED, amended 2024) provide guidance on the future development of the subject property. The Plan identifies the subject properties with a land use mix of “mixed use commercial/office (MUCO)” and “neighborhood village.” The subject property is within the limits of the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). Further, the SOFRED plan identifies the subject properties within the “Lake Frederick Urban Development Area” sub planning area. The plan states: “Lake Frederick Urban Development Area serves as a focal point to the 277 Triangle; Centers of Economy and as a gateway feature for the Shenandoah/Lake Frederick community and on a broader scale, a gateway feature for Frederick County as citizens and visitors approach the County from the east. This development area should promote a strong positive community image. Residential land uses would be permitted only as an accessory component of the neighborhood village commercial land uses. Previously, a small area of neighborhood village commercial was identified on the south side of Route 277 in the general vicinity of the future entrance of Shenandoah and the existing Sandy’s Mobile Home Park. The 2014 update to the Plan provides for an overall greater area and greater mix of uses in this area that is reflective of a stronger desire to create a more substantial focal point for activity. This is primarily based on the growth and development of the Lake Frederick Community and the involvement of new residents from this area. The existing Lake Frederick community is included [to] serve as the core area of this new Urban Development Area, and to demonstrate the quality of construction and type of land use patterns desired in this area [of the County].” The Plan further states: “in order to serve the needs of the growing residential community in and around the Lake Frederick Urban Development Area, medical uses should be considered within the core commercial areas around the Route 277 corridor.” The proposed rezoning proposes a zoning district, R4 (Planned Residential Community District), which is typically associated with the Plan identified land uses in the Comprehensive Plan for “neighborhood village” and further enables commercial uses in Land Bays 1A and 1B that could be associated with the “mixed use office/commercial (MUOC)” on this portion of the property. The proffer statement and land use phasing enables the owner to construct up to 200 residential units before a minimum of 10,000 square feet (SF) of commercial buildings are constructed (Proffer D-2). A total of 300 residential units may be developed until at least 20,000 SF or more of commercial buildings are constructed. The revised land use phasing contained in the proffer statement may otherwise achieve the envisioned mixed use neighborhood village concept outlined in the Lake Frederick UDA sub-area policies. The total number of residential units proposed (596) further brings the project into compatibility with the adjoining Lake Frederick community permitted density, or +/-4 dwelling units/acre. Page 5 of 11 The proffered “land use and land use matrix” (Proffer C-1), specifies +/- 15-acres (Land Bay 1B) would develop with medical uses, consistent with adopted Plan policy. Further, an additional +/- 15-acres (Land Bay 1A) is planned for B1 (Neighborhood Business) and B2 (General Business) uses, excluding gasoline stations and self-storage facilities. The proffers further prohibit RP (Residential Performance), B3 (Industrial Transition), TM (Technology-Manufacturing Park), and M1 (Light Industrial), M2 (Industrial General) zoning districts in the commercial land bays. The proffered commitment to commercial uses in Land Bays 1A and 1B is generally consistent with plan policy for the MUCO designated portions of the property. Finally, the proffer statement (H) proposes building materials for commercial structures and architectural examples* for multifamily and single-family attached residential units. Lake Frederick UDA plan policy states: “The existing Lake Frederick community is included in order to serve as the core area of this new Urban Development Area, and to demonstrate the quality of construction and type of land use patterns desired in this area.” The architectural examples contained in Exhibit A generally exhibit the high-quality building materials envisioned by the Plan and harmonize with the building materials being used in the Lake Frederick Community. *Staff notes architectural examples provided with the revised proffer statement (01/13/26) reflect existing Madison Village II and Lake Frederick structures. In this respect, the proposed rezoning is generally consistent with the adopted future land use map and Plan policy regarding the mix of commercial uses and residential units and specifically addresses “medical uses,” and “quality of construction” for residential structures. Transportation & Site Access: Route 277 (Fairfax Pike) is identified in the Comprehensive Plan as an “improved minor arterial” roadway. Further the Plan envisions a new “minor arterial” roadway across the subject property (identified as future “South Frederick Parkway”). Access to the site, as shown on the proffered generalized development plan (GDP, dated 12/15/25) is proposed from Fairfax Pike (Route 277; two (2) entrances) and from a future inter-parcel connection with the Lake Frederick community to the east. The proffer statement (revised 01/13/26) commits to: • Intersection improvements*, if warranted, to the proposed new site entrance and Route 277 (Proffer G-3). • Construction of portions of the future four-lane roadway (South Frederick Parkway) and dedication of 105-feet (FT) of right-of-way (ROW) for the future extension to the west by others (Proffer G-4). • Dedication of ROW along Route 277 frontage for future widening and construction of a 10 FT wide multiuse trail within the proposed ROW (Proffer G-5). • Construction of off-site improvements to Hudson Hollow Road/White Oak Road/Route 277. Page 6 of 11 *A signal justification report (SJR) was not conducted during the preliminary comment phase of the rezoning. The applicant has committed to completing an SJR, and implementing any improvements, prior to development. 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 (enabled by the Code of Virginia) are limited to public safety facilities, school facilities, and parks and recreation facilities (totaled in the model outputs as “capacity triggered amount”). Below is the projected capital impact by unit type from the County’s adopted Capital Impact Model (CapIM; February 2026) for single-family detached, single-family attached units (townhomes) and multifamily units and the proffered values. Housing Type Capital Impact Model (CapIM) Output Proffer Statement 01/13/2026 Unaddressed Balance* Single-Family Detached $23,841 $17,332 ($6,509) Single-Family Attached (Townhome) $23,525 $15,596 ($7,929) Multifamily $9,985 $9,985 $0 As proffered (revised 01/13/26), the rezoning only partially implements CapIM monetary contributions for proposed single-family detached and single-family attached (townhome) residential housing types. The CapIM monetary contribution is fully proffered for multifamily units. *Staff notes in previous staff reports to the Planning Commission incorrectly stated the proffer statement was fully implementing CapIM monetary contributions. However, in rerunning the model in February 2026 it was noted an error occurred in the selection of the applicable elementary school which was used for the subject property (which should have been “urban south” rather than “rural”). Armel Elementary School, which would serve the site, is currently over capacity as indicated in the table below. The result of this error has created a shortfall between the proffered value and the BOS adopted CapIM output which is used to evaluate capital impact on land use actions (table above). As of drafting the staff report, the Applicant had yet not committed to revising the proffer statement to address the revised CapIM monetary contribution. Page 7 of 11 Public Schools Level of Service (LOS)* School Program Capacity (2020) Current Enrollment (2023) % CapIM % with proposed development generated students** Armel ES 580 589 101.5% 11 8% Aylor MS 914 806 88.3% 93.7% Sherando HS 1,323 1,634 123.3% 129% *CapIM Output – October 2025 ** Planning and Development staff generated Note: The LOS analysis above reflects a point-in-time (2025). It does not include pipeline projects (unbuilt residential units) generating new students in the vicinity of the above schools, future redistricting of school service areas, or capital project planning, such as the 4th high school and expansions at the elementary level, that may alleviate strain on school capacity. The proposed 596-unit residential development is projected to generate up to 223 students (97 elementary school children, 51 middle school children, and 75 high schoolers). However, depending on the mix of residential, for example more multifamily units, the number of students generated may be less than estimated above. Proffer Statement, Generalized Development Plan (GDP), & Impact Analysis: Proffers (Revision Date 01/13/26) Staff Comment Proffer A – Generalized Development Plan No comment. Proffer B – Design Modification Document The Zoning Ordinance (§165-501.06(O)) permits modifications of other regulations as part of an application for rezoning to the R4 District. The proposed modifications to requirements for a master development plan (MDP) and buffers and screening align with best practices for planned unit development. Proffer C – Land Use and Land Use Matrix The proffer statement commits to “medical uses” as specified in Lake Frederick UDA sub- area policy on +/- 15-acres (Land Bay 1B) and the remaining +/- 15-acres (Land Bay 1A) Page 8 of 11 would allow any other B1 or B2 uses, excluding gas stations and self-storage facilities. It is possible the entirety of LB 1A & 1B (+/- 30-acres) could develop with medical uses. There are no residential units proposed in Land Bay 1A or 1B, generally consistent with the envisioned “mixed-use office/commercial” future land use. Proffer C-5 addresses buffer and screening concerns from the adjoining Lake Frederick community and specified a 25-foot-wide mature woodlands buffer would be preserved along the property line between Land Bay 3 and the existing residential neighborhood. Proffer D – Land Use Phasing Proffer D-2 limits the total residential units to 200 until a certificate of occupancy is obtained for a minimum of 10,000 SF of commercial buildings constructed in Land Bay # 1, and up to a total of 300 residential units until at least 20,000 SF of commercial buildings are constructed. The land use phasing may otherwise address plan policy for the mix of uses, and residential uses accessory to commercial uses, envisioned for the subject property at outlined in the Lake Frederick UDA sub-area policies. Proffer E – Monetary Contributions The proffer statement does not fully implement Capital Impact Model (CapIM) monetary contributions for all residential housing types, specifically single-family detached and townhome (single-family attached) units. Capital Impacts to county services for schools, fire and rescue services, parks, and recreation remain partially unaddressed. Proffer F – Recreation Facilities No comment. Proffer G – Transportation The owner has fully committed to constructing off-site transportation improvements to the intersections of Hudson Hollow Road/White Oak Road and Fairfax Pike (G-6). The TIA noted improvements are also required at the Page 9 of 11 intersection of Route 522/Fairfax Pike and Route 340, and this is unaddressed. Proffer H – Quality of Construction The building materials specified in the proffer statement and corresponding architectural examples contained in Exhibit A generally exhibit the high-quality building materials envisioned by the Plan and harmonize with the building materials being used in the Lake Frederick Community. Generalized Development Plan The generalized development plan (GDP), revised December 15, 2025, is included below and reflects proffered improvements, site access, circulation, open space, recreation amenities, perimeter buffers, and land bays. Planning Commission Summary from 11/5/2025 Work Session Page 10 of 11 The Planning Commission held a work session at 6 P.M. on November 5, 2025, to discuss the proposed rezoning application with staff and the applicant representatives (Commissioner Markert – absent; Gainesboro – vacant). Several issues were discussed among the Commissioners for the applicant to address prior to the public hearing: • Land use phasing including the total number of units and timing of commercial uses square footage. • Transportation improvements including fully implementing signal justification report (SJR) intersection improvements, and justification for cash contributions for off-site improvements. • High quality design elements including building materials, design of multifamily buildings, and further justification for the height modification design modification for age-restricted multifamily structures. • Overall site density exceeding that is presently enabled in the ordinance (4 dwelling units/acre) and greatly exceeding the existing/neighboring Lake Frederick community (2.3 dwelling units/acre). No action was taken by the Planning Commission at the work session. Planning Commission Summary from 12/3/2025 Public Hearing The Planning Commission held a public hearing during their regular meeting on December 3, 2025. Nine (9) members of the public spoke regarding the proposed rezoning and expressed concern with the perceived strain the proposed development would have on existing water, sewer, and transportation infrastructure, particularly along Route 277 (safety, access, and circulation). Further, residents of the Lake Frederick community expressed concern with the viewshed from their community (building height), the uncertainty of what commercial uses would be developed (and their desire for medical uses to be specified), impacts to the Lake Frederick natural feature (drainage, runoff, degradation), and lack of Plan conformity. Following discussion by the Planning Commission, the Commission unanimously recommended action on the proposed rezoning to be tabled to the January 21, 2026 regular meeting and directed the Applicant to continue to refine the application to address Plan conformity, the timing and size of the commercial area, building materials and quality of construction, building height, and mitigation of transportation impacts. Planning Commission Summary from 01/21/2026 Regular Meeting The Planning Commission again discussed the rezoning application at their January 21, 2026, regular meeting. The primary topic of discussion was changes to the proffer statement and generalized development plan and if and how those changes better addressed Comprehensive Plan policy. The Commission acknowledged the work done by the Applicant to better address concerns raised by the Planning Commission and public to harmonize the proposed development with the Page 11 of 11 adjoining Lake Frederick community. Specifically, the Planning Commission noted the value of commercial and medical uses in this area of the County as a counterbalance to additional residential development. The Planning Commission recommended approval of the proposed rezoning application (12-1; Commissioner Whitacre – No). Following a public hearing, staff is seeking a decision from the Board of Supervisors on this rezoning application.