054-10RESOLUTION TO CERTIFY COMPLIANCE WITH
CODE OF VIRGINIA URBAN DEVELOPMENT AREA
REQUIREMENTS
Action:
BOARD OF SUPERVISORS: February 24, 2010 � APPROVED ❑DENIED
WHEREAS, on July 1, 2007, Section 15.2- 2223.1 of the Virginia Code became effective and
requires any County that has adopted zoning pursuant to Article 7 (§ 15.2 -2280) of Chapter 22 of Title
15.2 of the Code of V irginia and that has a population growth rate of 15 percent or more in 1990 -2000,
to amend its comprehensive plan to incorporate one or more urban development areas or to adopt a
resolution certifying that its plan accommodates growth in a manner consistent with § 15.2 - 2223.1; and,
WHEREAS, the latest decennial census (2000) reported population of Frederick County was
59,209, and the 1990 -2000 growth rate was 29.5 %; and,
WHEREAS, Virginia Code § 15.2- 2223.1 requires that the County's Comprehensive Plan shall
further incorporate principles of new urbanism and traditional neighborhood development, which may
include but need not be limited to (i) pedestrian- friendly road design, (ii) interconnection ofnew local
streets with existing local streets and roads, (iii) connectivity of road and pedestrian networks, (iv)
preservation of natural areas, (v) satisfaction of requirements for stormwater management, (vi) mixed -
use neighborhoods, including mixed housing types, (vii) reduction of front and side yard building
setbacks, and (viii) reduction of subdivision street widths and turning radii at subdivision street
intersections; and
WHEREAS, Urban Development Areas axe required to be sufficient to meet projected
residential and commercial growth in the locality for an ensuing period of at least ten but not more than
20 years; and
WHEREAS, based on an analysis of potential development that can be sustained under the
guidelines of the County's 2007 Comprehensive Policy Plan and its supplements, existing development
interest, development characteristics of projects currently under construction, and characteristics of
projects approved by the Board of Supervisors, the population forecast for Frederick County of 95,000
in 2020 and 115,000 in 2030 (by the Weldon Cooper Center for Public Service), could be
accommodated within the designated UDA; and
WHEREAS, the County's comprehensive policy plan's Urban Development Area is designed to
provide for the efficiency and effective provision of public services; and
WHEREAS, the County Board of Supervisors finds that the 2007 Comprehensive Policy Plan,
and its supplements, together with its Zoning Ordinance incorporates principles of new urbanism and
traditional neighborhood development, that encourage mixed -use development that promotes
pedestrian- oriented design in an Urban Development Area containing provisions for urban centers and
neighborhood villages;
PDRes. #04 -]0
THEREFORE, the Frederick. County Board of Supervisors hereby determines that the 2007
Comprehensive Policy Plan, and its supplements, accommodates growth in a manner consistent with the
requirements for Urban Development Areas, and hereby certifies that Frederick County is in compliance
with Virginia Code Section 15.2- 2223.1.
Passed this24th day of February, 2010 by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Ave
Gary Dove
Aye Bill M. Ewing Aye
Gene E. Fisher
Aye Charles S. DeHaven, Jr. Aye
Aye
Christopher E. Collins
A COPY ATTEST
Joly� "ley, Jr.
Frederick County Administrator
PDRes. #04 -10
BOS Res. ��054 -10
COUNTY ®f FREDERICK
� � � Department oi' Planning and Development
� MEMORANDUM 540/665 -5651
._ �� " " "' FAX: 540 /665 -6395
TO: Board of Supervisors
FROM: Eric R. Lawrence, AICP, Planning Director �,;,�
SUBJECT: UDA and State Code Requirements
DATE: February 3, 2010
On April 4, 2007, the Virginia General Assembly adopted legislation that requires any County
that has a zoning ordinance and either i) a population growth rate of 1 S percent or more in 1990-
2000, or ii) a population of at least 20,000 during the year 2000, and a 1990 -2000 population
growth rate of 5 percent or more, to incorporate Urban Development Areas (UDA) into their
comprehensive plans by July 1, 2011. With a 1990 -2000 growth rate of 29.9 %, Frederick County
is a qualifying jurisdiction and by state law must incorporate the UDA into the Comprehensive
Plan.
This new state law, and Frederick County's historical use of the UDA, is consistent in its
description of the Urban Development Area: an area designated for higher density development
due to the proximity of transportation facilities, availability of public water /sewer and proximity
to other developed areas. Such azeas must incorporate principles of New Urbanism and
Traditional Neighborhood Design. As noted above, certain localities aze required, pursuant to
Virginia Code § 15.2- 2223.1, to amend the Comprehensive Plan to designate Urban Development
Areas to accommodate projected growth. However, a locality that determines that its
Comprehensive Plan already accommodates growth in such a manner may meet the requirement
upon adoption of a resolution certifying compliance. .
Staff believes that our 2007 Comprehensive Policy Plan meets the intent of the state's UDA
requirement. Our adoption of the UDA Study (incorporated into 2007 Comprehensive Policy
Plan), the Route 277 Land Use Plan (2007), and the Stephens City Joint Land Use Plan (2009)
furthers our community's planning for urban centers and neighborhood villages —key aspects of
the principles of New Urbanism. As a County, if we believe that the Frederick County 2007
Comprehensive Policy Plan, and its supplements, meet the Virginia Code requirements for Urban
Development Areas, it would be appropriate to adopt the attached draft resolution to certify
compliance with Virginia Code § 15.2- 2223.1.
This item was presented and discussed at the Planning Commissioners Retreat on January 30,
2010. The resolution is now presented for the Board of Supervisors' consideration.
107 North Kent Street, Suite 202 •Winchester, Virginia 22601 -5000
Page 2
Boazd of Supervisors
RE: UDA and State Code Requirements
February 3, 2010
BACKGROUND
On April 4, 2007, the Virginia General Assembly adopted legislation that requires any County
that has a zoning ordinance and either i) a population growth rate of 15 percent or more in 1990-
2000, or ii) a population of at least 20,000 during the year 2000, and a 1990 -2000 population
growth rate of S percent- or more, to incorporate Urban Development Areas (LJDA) into their
comprehensive plans by July 1, 2011.
The law defines UDAs as areas designated by a locality for higher density development due to
proximity of transportation facilities, availability of public water /sewer or proximity to other
developed areas. State and local transportation, housing, and economic development funding are
required to be directed to the UDA, to the extent possible. The designated areas must
accommodate growth as follows:
• Allow for residential development densities of at least four units/acre and commercial
densities of at least 0.4 FAR (Floor Area Ratio).
• Incorporate principles of New Urbanism/Traditional Neighborhood Design, which may
include pedestrian- friendly road design, interconnectivity of new local streets /roads and
pedestrian networks, preservation of natural areas, stormwater management, mixed -use,
reduced setbacks, and reduced subdivision street widths and turning radii.
In order to meet the requirements, a qualifying locality must:
• Describe financial and other incentives for development in UDAs in the Comprehensive
°- Plan.
• Designate one or more UDAs that are sufficient to accommodate projected growth for a
period of at least ten years, and no more than 20 yeazs.
• Re- examine the boundaries and size of the UDA(s) and, if necessary, revise the azea(s)
every five years in conjunction with the update of the Comprehensive Plan.
However, a locality whose Comprehensive Plan akeady incorporates areas that accommodate
growth in such a manner may meet the requirement by adopting a resolution certifying
compliance.
The Frederick County 2007 Comprehensive Policy Plan accommodates growth in a manner
consistent wish the State requirements for Urban Development Areas. In fact, the County has
utilized the UDA for over 20 years as a tool to manage growth, directing growth to areas in the
County where public service provisions are more cost efficient and effective. This concentrated
growth azea reduces school busing distances and transit times, emergency response, and
centralizes transportation networks. Incentives to locate .growth in the UDA are designed into the
County's performance zoning (RP — Residential Performance) which enables housing -type
flexibility, such as the ability to establish single family units on 3,750 square foot lots or garden
apartments at ten units per acre. The 2007 Comprehensive Policy Plan's urban center concept
enables more intense planned communities with residential uses atop commercial uses. The
urban center concept is based on New Urbanism theory, consistent with the State Code
requirements. The Plan promotes pedestrian- oriented design, the creation of urban centers and
Page 3
Board of Supervisors
RE: UDA and State Code Requirements
February 3, 2010
neighborhood villages.
Urban Development Areas are required to be sufficient to meet projected residential and
commercial growth to support population projections for a period of at least ten, and not more
than twenty years. Population forecasts for the County are 95,648 in 2020 and 114,539 in 2030,
as provided by the Weldon Cooper Center for Public Service. These projections are consistent
with an analysis of potential development that can be sustained under the guidelines of the
Comprehensive Policy Plan, existing development interest, development characteristics of
projects currently under construction, and characteristics of projects approved by the Frederick
County Board of Supervisors. The County's UDA is designed to accommodate this future
growth.
Staff reviewed the 2007 Comprehensive Policy Plan and subsequent land use studies in light of
Virginia Code § 15.2- 2223.1, which requires a locality's Comprehensive Plan to include Urban
Development Areas, and has determined that the Frederick County 2007 Comprehensive Policy
Plan accommodates development in a manner consistent with the requirements of UDAs.
Jurisdictions whose Comprehensive Plans already meet the requirements of VA Code 15.2-
2223.1 may certify compliance with the Code by resolution. Therefore, staff recommends that
the Board of Supervisors adopt the attached resolution to certify that Frederick County
accommodates growth in a manner meeting the requirements of Urban Development Areas
pursuant to Virginia Code § 15.2- 2223.1.
Attachment: Resolution Certifying UDA Conformance
ERL/bad
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§ 15.2- 2223.1. Comprehensive plan to include urban development areas; new urbanism.
A. Every county, city, or town that has adopted zoning pursuant to Article 7 (§ 15.2 -2280 et seq.) of Chapter 22 of
Title 15.2 and that (i) has a population of at least 20,000 and population growth of at least 5% or (ii) has population
growth of 15% or more, shall, and any county, city or town may, amend its comprehensive plan to incorporate one
or more urban development areas. Far purposes of this section, population growth shall be the difference in
population from the next -to- latest to the latest decennial census year, based on population reported by the United
States Bureau of the Census. For purposes of this section, an urban development area is an area designated by a
locality that is appropriate for higher density development due to proximity to transportation facilities, the
availability of a public or community water and sewer system, or proximity to a city, town, or other developed area.
The comprehensive plan shall provide for commercial and residential densities within urban development areas that
are appropriate for reasonably compact development at a density of at least four residential units per gross acre and a
minimum floor area ratio of 0.4 per gross acre for commercial development. The urban development areas may
provide for a mix of residential housing types, including affordable housing, to meet the projected family income
distributions of future residential growth. The comprehensive plan shall designate one or more urban development
areas sufficient to meet projected residential and commercial growth in the locality for an ensuing period of at least
10 but not more than 20 years, which may include phasing of development within the urban development azeas.
Future growth shall be based on official estimates and projections of the Weldon Cooper Center for Public Service
of the University of Virginia or other official government sources. The boundaries and size of each urban
development area shall be reexamined and, if necessary, revised every five years in conjunction with the update of
the comprehensive plan and in accordance with the most recent available population growth estimates and
projections. Such districts may be areas designated for redevelopment or infill development.
B. The comprehensive plan shall further incorporate principles of new urbanism and traditional neighborhood
development, which may include but need not be limited to (i) pedestrian - friendly road design, (ii) interconnection
of new local streets with existing local streets. and roads, (iii} connectivity of road and pedestrian networks, (iv}
preservation of natural areas, (v) satisfaction of requirements for stormwater management, (vi) mixed -use
neighborhoods, including mixed housing types, (vii) reduction of front and side yard building setbacks, and (viii)
�- reduction of subdivision street widths and turning radii at subdivision street intersections.
C. The comprehensive plan shall describe any fmancial and other incentives for development in the urban
development areas.
D. No county, city, or town that has amended its comprehensive plan in accordance with this section shall limit or
prohibit development pursuant to existing zoning or shall refuse to consider any application for rezoning based
solely on the fact that the property is located outside the urban development azea.
E. Any county, city, or town that would be required to amend its plan pursuant to this section that determines that its
plan accommodates growth in a manner consistent with this section, upon adoption of a resolution certifying such
compliance, shall not be required to further amend its plan.
F. Any county that amends its comprehensive plan pursuant to this section may designate one or more urban
development areas in any incorporated town within such county, if the governing body of the town has also
amended its comprehensive plan to designate the same areas as urban development areas with at least the same
density designated by the county.
G. To the extent possible, state and local transportation, housing, and economic development funding shall be
directed to the urban development area.
(2007, c. 896; 2009, c. 327.)
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