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049-10Action: BOARD OF SUPERVISORS: January 13, 2010 � APPROVED ❑DENIED RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING AND CHAPTER 144, SUBDIVISION OF LAND ARTICLE I - GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS PART 102 - AMENDMENTS 165- 102.05 IMPACT ANALYSIS ARTICLE VIII - DEVELOPMENT PLANS AND APPROVALS PART 801- MASTER DEVELOPMENT PLANS 165 - 801.06 PRELIMINARY MASTER DEVELOPMENT PLAN PART 802 -SITE PLANS 165 - 802.02 SITE PLAN APPLICATIONS; REVIEWS ARTICLE IV - SUBDIVISION REVIEW PROCEDURES 144.12 - SUBDIVISION DESIGN PLAN WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning and Chapter 144, Subdivision of Land to add references to Traffic Impact Analysis (TIA) Standards for the rezoning, MDP, site plan and subdivision design plan portions. WHEREAS, The Development Review and Regulations Committee (DRRC) recommended approval of this amendment on October 22, 2009; and WHEREAS, the Planning Commission discussed the draft ordinance on December 2, 2009 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County -- Planning Commission hold a public hearing regarding an amendment to Chapter 165, Zoning and Chapter 144, Subdivision of Land to add references to Traffic Impact Analysis (TIA) Standards for the rezoning, MDP, site plan and subdivision design plan sections of the ordinance. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider revisions to Chapter 165, Zoning and Chapter 144, Subdivision of Land to add references to Traffic Impact Analysis (TIA) Standards for the rezoning, MDP, site plan and subdivision design plan sections of the ordinance, and forward a recommendation to the Board of Supervisors. Passed this 13th day of January, 2010 by the following recorded vote: This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye AC E J iley, r. Frederick County Administrator BOS Resolution X6049 -10 t`�OUl`1T�' ®f FItEDEItICI� Departaner►t of Planning aaad Development �j �/( �7TTT�/� 540/665 -5651 ■ ••1 `1 ®�l � 1J V l�l SAX: 540/ 665 -6395 To: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planner �=`�� Subject: Discussion — Traf is Impact Analysis (TIA) Standards Date: January 4, 2010 On July 22, 2009, the Board of Supervisors approved new Traffic Impact Analysis Standazds. These standards provide County officials and staff the opportunity to assess the impact of a proposed development. The adopted TIA Standards will apply to all development applications submitted to Frederick County as follows: When a TIA is required Any action that meets the thresholds outlined in the Virginia Deparhnent of Transportation Chapter 527 regulations shall require a TIA. Additionally, Frederick County may choose to require a TIA under tl�e following scenarios: 1. All rezonings will require a TIA unless waived by Planning Staff. 2. TIA's for Master Plans will be held to the VDOT Chapter 527 standard for Subdivision Plat, Site Plan, or Plan of Development. 3. Any other proposed action (other than site plan) that has not been previously approved by the County and is expected to generate 100 or more residential vehicle trip ends in the peak hour or 250 commercial vehicle trips in the peak hour, where a TIA has not been completed for a similar or greater trip generation. Additionally, staff may require a TIA on corridors experiencing significant congestion or safety concerns. 4. A change in use that has not been previously approved by the County and, while not resulting in greater trip generation, results in a significant change in trip demographics or peak travel times resulting in an unstudied impact on the transportation system as determined by VDOT or the County. Staff has drafted revisions to the Zoning Ordinance and the Subdivision Ordinance to add references to the TIA Standards for the rezoning, MDP, site plan and subdivision design plan portions. The item was presented to the Development Review and Regulations Committee (DRRC) at their meeting on October 22, 2009. The DRRC endorsed the changes and recommended it be sent to the Planning Commission for discussion. The Planning Commission discussed the changes at their meeting on December 2, 2009. The Planning Commission agreed with 107 North Kent Street, Suite 202 •Winchester, Virginia 22601 -5000 Frederick County Board of Supervisors Re: Traffic Impact Analysis (TIA) Standards . Page 2 January 4, 2010 - the proposed amendment and recommended that the changes be forwarded to .the Board. of Supervisors for discussion. _ The attached documents show the .existing .ordinances with. the proposed changes supported by the DRRC -(with strikethroughs for text eliminated and bold italic for text added): This item is presented .for discussion. Staff is seeking direction from the. Board` of Supervisors on this Zoning Ordinance tezf amendment; attached is a resolution directing the .item to public hearing should the Board deem it appropriate. Attachments: i. Revised ordinance with additions shown in bold italics and deletions are shown -with a strikethrough. Z. Adopted - TIA Standards. 3. Resolution.: CEP/bad . DRRC Endorsed 1 ® /2't %L ©09 PC Endorsed 12/2/2009 ARTICLE GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONA! USE PERMITS Part 102 — Amendments § 165 - 102.05 Impact analysis. A report analyzing the impacts of any rezoning shall be required to be submitted by the applicant with any application for rezoning. The Director of Planning and Development may exempt rezoning applications from this requirement if the application is for less than 28 rve acres and if no significant impacts are anticipated. A. The impact analysis shall be in the form of a report meeting standards .set. forth in the Comprehensive Plan and standards published by the Department of Planning and Development. The Director of Planning and Development shall determine which issues need to be addressed. 8. The impact analvsis shall include a Troffrc Impact Analvsis iTIA) which shall be prepared and submitted. to the Department of Plannina and Development in accordance with the adopted Traffic Impact Analvsis Standards. �.C. In general, the impact analysis shall assume the maximum density or intensity of development allowed under the rezoning classification. Lesser densities or intensities can be assumed if such lesser densities or intensities are proffered as conditions on the rezoning. In general, the maximum possible impacts shall be assumed unless conditions are proffered to lessen those impacts. The impact analysis may be based on a particular master development plan or site plan only if that plan - is proffered as a condition of the rezoning. C.D. The impact analysis shall include the following: (1) The use of surrounding land and potential economic, physical, visual, nuisance and other impacts on surrounding properties. (2) The anticipated increase in traffic to be generated as a result of the rezoning, anticipated entrance locations, anticipated changes in traffic patterns and turning movements on public streets and anticipated impacts on the capacity and efficiency of existing and planned public roads. (3) The anticipated methods by which sewer and water facilities will be provided to the site. (4) The anticipated increase in potential population resulting from the rezoning, including the potential increase in population in various age groups. (5) The projected additional demand for school facilities, public parks and recreational facilities, solid waste facilities, emergency services facilities and other public facilities. (6) Anticipated stormwater impacts. (7) The location of important environmental features on the site and anticipated environmental impacts. (8) The location of historic structures and sites in relation to the site and impacts on those historic structures and sites. DRRC Endorsed 10/22/2009 PC Endorsed 12/2/2009 ARTiC�E Vlfl DEVELOPMENT PLANS AND APPROVALS Part 801- Master Development Plans § 165 - 801.06 Preliminary master development plan. Applicants shall submit 42 copies of the preliminary MDP to the Department of Planning and Development, together with completed application materials required by the Department of Planning and Development. Final approval of the preliminary MDP shall be given by the Board of Supervisors. A. Applicants shall provide comments on the proposed development from various agencies or developments as required by the Department of Planning and Development. The submission shall be complete and the application shall commence when the plans, application materials and agency comments have been received by the Director of Planning and Development, when a review conference has been held, when a preapplication conference has been held, if required, and when the preliminary master development plan has been reviewed by the Design Review Committee, if required. �. A Traffic Impact Analysis (T {A) sErall be !+repared and submitted to tine QPpartment of Planning and ©evelopment with all MC3P applications in accordance with the adopted Traffic Impact Analysis Standards. C. The Director of Planning and Development may require the applicant to present the preliminary MDP to a design review committee for review. The committee shall make recommendations to the Planning Commission concerning whether the plan meets the requirements of the Frederick County Code. D. When the submission is complete, the Director of Planning and Development shall submit the plans, application materials and comments to the Planning Commission for its consideration. (1) The Planning Commission shall act on the preliminary MDP within 60 days of the date of the presentation of the plan to the full Commission. The Planning Commission shall either approve the plan, approve it with required changes or deny the plan. If the Planning Commission fails to act within 60 days, the plan shall be submitted to the Board of Supervisors without recommendation. (2) The Planning Commission shall notify the Board of Supervisors of its action on the proposed preliminary MDP and of any required changes or reasons for denial. If the preliminary MDP is denied by the Planning Commission, the applicant may choose to withdraw the application and resubmit it with changes as a new plan, rather than proceeding to the Board of Supervisors. However, the applicant may choose to proceed with the recommendation of denial to the Board of Supervisors. E. Following the action of the Planning Commission, copies of the plan, application materials and agency comments shall be submitted to the Board of Supervisors for its consideration. The Board shall either approve the preliminary MDP, approve it with required changes or deny the plan. F F DRRC Endorsed 10/22/2009 PC Endorsed 12/2/2009 The preliminary MDP'submitted to the Board of Supervisors for review shall not be substantially .changed ,from plans reviewed by .the Planning- Commission...Changes may be _.made that. were discussed or required by the .Planning Commission. Other substantial changes to the plan'shalt require that the Planning Commission review the plan as a new preliminary MDP_ .Site plans or final subdivision .plats. may be submitted concurrently with. preliminary master development -plans for review_ according to the procedures set forth in this chapter and Chapter 144. Subdivision of Land, of the. County -Code. Any such plans may be `considered concurrently by the Planning Commission and may be referred to the Board of Supervisors for approval Part 802 —Site Plans. § 165 - 802.02 .Site plan applications; review. A. Applicants shall submit two copies of the site plan to the Zoning Administrator for review, along with .applicable fees and completed application materials: required by the .Zoning Administrator. Final approval of the. site plan shall be given by the Zoning Administrator. At least five copies of the site plan are required to be submitted to the Zoning Administrator for firial approval. - B. Applicants shall prepare and sufimit cr Traffic Impact Analysis with all site p ►gin applications in accordance with the adopted Traffic lmpactAnolvsis Standards. �.C. Applicants shall provide comments on the site plan from various agencies as required by the Department of Planning and Development. �- 6.D. -The .Zoning Administrator- may require the applicant to present the site plan to the Technical: Review Committee for review.: The Committee shall make recommendations to the Zoning Administrator concerning whether the plan meets the requirements of the Frederick County Code. O. E. A site plan submission shall be considered to be complete when the fees, plans, application materials and comments have been received and when the Technical Review. Committee has reviewed the plan, if required. €. F. When the site plan submission is complete, the Zoning Administrator may submit the site plan to the Planning Commission for its review. (1) The Zoning Administrator shalt determine whether to submit the site plan to the Planning Commission based on the following considerations: (a) The scale or intensity of the proposed use. {b) Potential impacts on surrounding properties. (c) Potential traffic hazards or congestion. (2) In addition, the Planning Commission may request that the site plan be presented to the Commission for its review. 13RRC Endorsed 10/22/2009 PC Endorsed 12/2/2009 �.G The Planning Commission may make recommendations to the Zoning Administrator concerning the site plan. The Zoning Administrator shall incorporate such recommendations' into the review of the site plan. The site planshall be finally approved or denied by the Zoning Administrator. Fr.H Approval of the site plan shalt expire within five years of the approval date unless building permits have been obtained for construction. #.l The Zoning Administrator or his designated representative shall periodically inspect the site during construction to ensure that the site plan requirements are met. �.! vo certificate of occupancy shall be issued for any use or site requiring a .site plan unfit all requirements shown on the approved site plan have been met and all improvements shown on the site plan have been provided. If structures and improvements have. been provided sufficient to guarantee public health and safety but if all site plan improvements have not been completed, a certificate of occupancy sha11 only be issued if a bond with surety or other acceptable guaranties have been provided to insure that all approved improvements will be provided. Such guaranties shall be for a limited time period acceptable to the Zoning Administrator, during which time said improvement shall be completed. ARTICLE IV Subdivision Review Procedures § 144.12. Subdivision design plan. --The intention of the subdivision design plan is to provide all review agencies with a comprehensive design of the proposed layout and improvements required under § 144 -3� of this chapter, as well as al! requirements of Chapter 165, Zoning. T#P�u�ivide•r�ha -A s��m +t twa eon +er of the h-� �- � .� - `- � �- - _. A. The subdivider shall submit two copies of the subdivision design plan applicable fees and all required subdivision application materials to the Subdivision Administrator for review and comment. B. A Traffic Impact Ana►vsis (TIA) shall be prepared and submitted to the Department of Planning and Development with all subdivision design plan applications in accordance with the adopted Traffic Impact Ana/vsis Standards. DRRC E�.�orsed 1 ©/22/2009. PC Endorsed 12/2/2009 C. :The Department of Plannin4 and Development shall act on a proposed subdivision desian. plan within 60 days after it has been officialfv submitted by either arpprovina or disapproving it in writing, and giving with the latter saecific reasons therefore D. The Planning Commission may recruest to review any subdivision desian plan for approval. _ F. In cases where subdivision desian plans ore submitted -for land not included in an approved master development plan the Board of Supervisors shall approve approve with modifications pr disaaprove such plans after o recommendation has been provided by the Planning Commission.. F. At least frve copies of the subdivision desian plan shall be submitted to the Zoning Administrator for frnal approval. _�'raiiie Irttpact t- �aal�,Ts�s Standards Approved by Board of Supervisors on July 22 2009 A Traffic Impact Analysis (TIA) may be required to allow County Officials and staff the opportunity to assess the impact of a proposed development. The TIA should provide sufficient information to allow this assessment to take place. Any application that includes a TIA, which does not meet the standards herein, shall not be considered complete. When a TIA is requii ed Any action that .meets the thresholds outlined in the Virginia Department of Transportation Chapter 527 regulations shall require a TIA (see attached VDOT table). Additionally, Frederick County may choose to require a TIA under the following scenarios: 1. All rezonings will require a TIA unless waived by Planning Staff. 2. TIA's for Master Plans will be held to the VDOT Chapter 527 standard for Subdivision Plat, Site Plan, or Plan of Development. 3. Any other proposed action (other than site plan) that has not been previously approved by the County and is expected to generate 100 or more residential vehicle trip ends in the peak hour or 250 commercial vehicle trips in the peak hour, where a TIA has not been completed for a similar or greater trip generation. Additionally, staff may require a TIA on corridors experiencing significant congestion or safety concerns. 4. A change in use that has not been previously approved by the County and, while not resulting in greater trip generation, results in a significant change in trip demographics or peak travel times resulting in an unstudied impact on the transportation system as determined by VDOT or the County. Process and Report Requirements 1. Submit a determination form to Planning Staff, which will be used to determine whether the project requires a TIA or a VDOT Chapter 527 submittal. 2. Each TIA will be required to undergo a formal scoping meeting with VDOT and County Staff. The applicant shall be responsible for scheduling the scoping meeting with the above agencies. A re- scoping meeting will not be required in the event that one of the agencies is absent. 3. Each submittal must include the following: b: All _items on the checklist which can be found in the Traffic Impact Analysis` Regulations Administrative Guidelines published by VDOT in ,September, 2007._. (Utilize the subdivision plat or site plan package_ checklist for master plans.) . c: One paper' copy (or PDF on CD) and one CD with modeling files. If submitting PDF of .the report, both report and modeling files may be on the same CD. d. Planning Staff will distribute -all copies. to VDOT for review within ten business days and will provide _comments and or approval of the ' TIA within four weeks of submittal. 4. Each TIA must include the following:. a. An executive summary -which summarizes the development; si�.ificant findings of the TIA; and results of proposed mitigation.. b. Sections on '.existing traffic, existing traffic with design year background traffic, existing -traffic with `design .year: background -and development _ generated traffic. In certain situations it may be appropriate to eliminate some of the above scenarios or to have. other scenarios included; the Planning Staff in concert with VDOT are�entitled to make, modifications at the scoping meeting. c. The TIA must include all proposed access points, with details about access n'Pe• d: Accident Data. for the most recent three year period to include accident type and.severiiy if readily available from the State Police. e. Appendices that include output report sheets_ from t<he analysis software, grouped according to location. f. Planning Staff and/or VDOT may require additional analysis, required by the uniqueness of each development. Technical Details 1. Trip generation must be deternned using the most recent addition of the ITE. Trip Generation Report unless a variance is granted by VDOT or the Planning Staff. Only trip generation methodology approved, by VDOT and Planning Staff may be used. 2. The TIA must depict the maximum traffic generated by the proposed zoning as determined by the Planning Staff. If the proposed proffers limit the development activities to uses that produce equal or less traffic, a less than maximum impact may be used. 3. The applicant may include other applicable scenarios in their presentation to the Board of Supervisors and/or Planning Commission. 4. Existing signal timings provided by VDOT must be used for existing conditions. However, where. existing signal .timings are not operating optimally as demonstrated by -the applicant and agreed to by VI�OT, an improved signal timing plan may be used if that plan is provided by the applicant. 5. Level of Service (LOS) must be considered for. all. signalized movements and approaches and shown graphically in the report. 6. When level of service does not meet the requirements of the Comprehensive PIan, the report must include suggested improvements that would mitigate the impacts of the development as required by the Comprehensive Plan. 7. When a new signal is proposed, arterial level of service must be analyzed, including a signal progression analysis if warranted. 8. When conditions of existing or existing with background scenarios result in a level of service F, additional analysis must be completed, including development traffic to determine the impacts of the new development. Items to include in this comparison are intersection capacity utilization, changes in delays, queue lengths, and vebscle to capacity ratio.