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December_06_2013_Work_Session_Agenda_Packet.@ , 7��C. AGENDA WORK SESSION FREDERICK COUNTY BOARD OF SUPERVISORS FRIDAY, DECEMBER 6, 2013 11:30 A.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 N. KENT STREET, WINCHESTER, VIRGINIA I. CALL TO ORDER II. ADOPTION OF AGENDA III. PLANNING ITEMS a. URBAN CENTER DESIGN CABINET REPORT &TRADITIONAL NEIGHBORHOOD DESIGN ORDINANCE IV. BUSINESS FRIENDLY COMMITTEE RECOMMENDATIONS a. PUBLIC INFORMATION OFFICER b. ESTABLISHMENT OF ECONOMIC DEVELOPMENT AUTHORITY c. DEVELOPMENT IMPACT MODEL — TRANSPORTATION CREDITS V. ADJOURN COUNTY of FREDERICK Department of Planning and Development 540/ 665 -5651 Fax: 540/ 665 -6395 Eric R. Lawrence, AICP Director MEMORANDUM TO: Board of Supervisors Planning Commission John R. Riley, Jr., County Administrator FROM: Eric R. Lawrence, AICP, Planning Director SUBJECT: Work Session- Draft Urban Center Design Cabinet Report and TND Ordinance DATE: November 22, 2013 At the work session, staff will present an update on the draft Urban Center Design Cabinet Report and associated TND (Traditional Neighborhood Development) Ordinance. Ultimately, it is envisioned that the report would be a reference policy while the TND Ordinance would be adopted into the Zoning Ordinance. Staff welcomes questions and comments during the work session. At the conclusion of the work session, if the consensus is that the draft products are ready for advancement, staff will schedule the items as discussion items on a future Board agenda at which time direction to advance to a public hearing will be sought. Overview The Urban Center Design Cabinet Report was drafted in an effort to further illustrate the Urban Center policy, adopted as part of the 2030 Comprehensive Plan in 2012. The report offers an evaluation of how various land uses can be mixed into an intensive, walkable, interconnected neighborhood with open spaces and community facilities. The report recognizes the key attributes that are important to the success of an urban center and suggests the unique "hook" for each urban center that may assist in advancing the creation of a healthy, vibrant center. As a report, the format was intended to be a reference document rather than policy or ordinance. This project was presented to the Board of Supervisors and Planning Commission at the February 2013 Planning Commission Retreat. The materials have not incurred changes since the Retreat. 107 North Kent Street •Winchester, Virginia 22601 -5000 Page 2 Work Session Memorandum Urban Center Design Cabinet and TND Ordinance discussion November 22, 2013 The TND Traditional Neighborhood Development Ordinance was drafted to create a new zoning district intended to facilitate the creation of an Urban Center. The TND Ordinance would allow development of compatible mixed use, pedestrian- oriented, activity centers containing aspects of business, retail, residential, cultural, educational, and open spaces. The ordinance requires at least 50 percent of the land area be dedicated for commercial land uses. The uses could be combined within single buildings or be in adjacent buildings. The TND ordinance enables each urban center to develop its own, personalized Design Guidelines Manual that would contain development standards applicable to the center's development. This project was presented to the Board of Supervisors and Planning Commission at the February 2013 Planning Commission Retreat. The materials have not incurred changes since the Retreat. Activities since PC Retreat The two projects were presented for discussion in three forums since the PC Retreat. • Planning Commission discussion on March 20, 2013. • Engineers Roundtable discussion on May 16, 2013. The Roundtable discussion included inviting members of the local developer, planning, and engineering community to attend the session and offer comments. Many of these experts are involved in crafting development proposals in Frederick County, and have presented such proposals to the county through the rezoning process. • Development Consults project discussion between August /September 2013. The Development Consults is a panel of experts in the fields of residential and commercial real estate and development, architecture, and land planning. The panel members are knowledgeable in their respective fields, and its application in the Frederick County community. The members are not individuals who generally represent clients or development proposals that are presented to the Board of Supervisors for approval. Comments Received The Development Consults offered individual member comments in a written format (attached). The comments were supportive of the Urban Center Design Cabinet Report and TND Ordinances, with recognition that each center will have its own identity and timeline for development. Successful centers will build upon existing market strengths and population bases, and therefore will be long term development projects. Establishing the framework, and enabling the opportunity today is an important part of preparing for the center's future. Flexibility in the zoning ordinance is essential as the Page 3 Work Session Memorandum Urban Center Design Cabinet and TND Ordinance discussion November 22, 2013 centers' designs will need to meet development demands reflective of the economy and land use mixes sought at the time; the draft TND ordinance offers that flexible framework. What's next These documents are drafts that have been prepared for ultimate adoption. If the consensus reflects support for the documents, it would be appropriate to schedule the documents as a discussion item on a Board of Supervisors meeting agenda. It would be during that Board discussion that staff would be seeking direction to initiate the public hearing process, apre- requisite to adoption of the policy and ordinance. Attachments: • draft Urban Center Design Cabinet Report (with cover memorandum) • draft TND Ordinance (with cover memorandum) • Development Consults comment summary Click in the box to return to Page 3 of the memorandum 1 � , � Department of Planning and Development 5401665 -5651 FAX: 5401665 -6395 TO: Board of Supervisors Planning Commission John R. Riley, Jr., County Administrator FROM: Michael T. Ruddy, AICP f /�� - DeputyPlanning Director RE: Urban Center Design Cabinet —Board of Supervisors Work Session Discussion DATE: November 21, 2013 Please find attached the Urban Center Design Cabinet Report. The Urban Center Design Cabinet was formed in an effort to further implement the 2030 Comprehensive Plan with regards to the identified Urban Centers by building on the foundation laid with the adoption of the 2030 Comprehensive Plan and, more recently, the SensenylEastern Frederick Urban Area Plan. The Urban Center Design Cabinet Report conducted more detailed land use studies for selected Urban Centers that were identified in the area plans: Crosspointe, Greenwood, and Parkins Mill Urban Centers from the Senseny Eastern Frederick Urban Area Plan, and Sherando Urban Center from the Route 277 Study Area Plan. The intent of the Report is to facilitate a fluid planning and development process that proactively encourages the identified urban centers to become successful examples of urban centers in Frederick County. The Report articulates the potential short term and long term vision for these great locations. The Urban Center design plans provide further guidance to property owners and developers located in these identified Urban Centers. The Urban Center designs should be used only to facilitate and guide the planning of these areas by the property owners or their representatives. They are not intended to mandate any particular development plan or program. Ultimately, the Urban Center Design Cabinet Report will be adopted by the County as a policy in support of the 2030 Comprehensive Plan and as a resource to property owners and the development community. 107 North Kent Street, Suite 2Q2 •Winchester, Virginia 22601 -SQ00 Urban Center Design Cabinet Report Board of Supervisors Work Session Discussion November 21, 2013 Page 2 Back round. The Urban Center Design Cabinet was established following the approval of the Senseny /Eastern Frederick Urban Area Plan in 2412. Members of the group included community development professionals and participants from the Senseny Eastern Frederick Urban Areas Plan (SEFUAP) effort who collaborated with Comprehensive Plans and Programs Committee (CPPC). The resulting draft Urban Center Design Cabinet Report was then presented and discussed in multiple forums. As noted, the Report provides further guidance and illustration on previously approved Urban Centers within Frederick County's Urban Development Area. At the 2013 Planning Commission Retreat, the Board of Supervisors and Planning Commission reviewed the study eampleted by the Urban Center Design Cabinet. Endorsement was received to move the study through the County's approval process. Discussion of this item by the Planning Commission was the first step in this process. • Planning Commission discussion on March 20, 2013. The Commission continued to express their support of the Urban Center Design Cabinet Study and conveyed their view that continued discussion such as this was important to keep the public apprised of such important planning efforts. • Engineers Roundtable discussion on May 16, 2013. The Roundtable discussion included inviting members of the local developer, planning, and engineering community to attend the session and offer comments. Many of these experts are involved in crafting development proposals in Frederick County, and have presented such proposals to the county through the rezoning process. Those invitees expressed their support of the concepts incorporated into the Urban Center Design Cabinet Report. The Development Consults project continued the outreach and support for the Urban Center Design Cabinet Report. Staff will present an update on the Urban Center Design Cabinet Report at the upcoming Work Session. Attachments: � Urban Center Design Cabinet Report ' •. Urban Center. Design Cabinet Report � ��,, , ��. ` "` �� .. r ,, -� _ _.� ■� a rrk" s r r •�, y. «. Y �K r '� -. r r - Crosspointe Urban Center Parkins Mill Urban Center *f �) t,.- -� Greenwood Urban Center Sherando Urban Center " �' _� .� Planning Commission Retreat - February 9, 2013 Planning Commission Discussion -March 2Q, 2013 Urban Center Design Cabinet Planning Commission Discussion -March 20, 2013 Post Planning Commission Retreat - February 9, 2013 Tn an effort to further implement the 2030 Comprehensive Plan, the Urban Center design plans are intended to provide further guidance to property owners and developers located in areas identified as Urban Centers. The design plans will evaluate how the various land uses can be mixed into an intensive, walkable, interconnected neighborhood with public open spaces and integrated community facilities. In addition, the design plans will recognize those key attributes that are important to the success of the Urban Centers and express the "hook" that may advance each Urban Center's unique character. It is anticipated that the Urban Center design plans will be adopted as a policy by the County in support of the 2030 Comprehensive Plan and as a resource to property owners and the development community. Identified Urban Centers Four Urban Centers from within the County's Urban Development Area were chosen for further study. Each of these Urban Centers were previously identified in Area Plans that were adapted by the County; The Senseny /Eastern Frederick Urban Areas Plan, and the Route 277 Area Plan. • Crosspointe Urban Center • Parkins Mill Urban Center • Greenwood Urban Center Sherando Urban Center s i ��.� � � � � �� __ , � � � /, . �nty group.� °° �' �.. ,3 " *�`: _, �. �: � � � — ,c 4� ! i� { � � ` Y Vrhan Unbr LeM Vae M � �_mnwgp'1AiMH use `�� Sb.an ��ran 5 Nat :: mm.r�M RF.[.1 Ras � LaMi 8 R<nae �ii am [yn:fr R.ukw'n� n.FUIw.M �r VfPeesfn4rcnenq ivnliFalr MI \s Fulw. F' a? Byvm een..tn �Ftu � Fuue F771 Brywe OR»' "dM' � � Em•rcnnantalh �mMena• •••• T"� � NiNxf RU�e�Le +S*aia¢ Urban Center desi4n clans. It is the intent of the Urban Center Design Cabinet planning effort to facilitate a fluid planning and development process that proactively encourages the identified urban centers to be successful examples of urban centers in Frederick County by articulating the potential short term and long term vision for these great locations. Future collaboration between the County and property owners through future planning and rezoning efforts will be essential. Discussion themes. Common Vision for each of the Urban Centers. • General themes and key attributes that build of each other /a list of concepts; see what fits a particular Urban Center Incremental steps. • What would the Urban Centers look like in the short term (2025} and what would they be ultimately {2050 }. How many Urban Centers could this area support in the short term. • Prioritize What does it take for this to be successful? • A hook; employment /entertainment /cultural life /destination. • Transportation • Utilities • A mix of uses in identified locations {ranges to support the implementation of Urban Centers }. • Implementation of incentives to support Urban Centers, including financing. • Convenience and cost. Understanding of what kilted underperforming and failing centers, in this community and elsewhere. 5 What is an Urban Center? The Urban Centers are envisioned to be intensive, walkable urban areas that are well integrated with the surrounding community. The urban center should be based on the principles of New Urbanism or Traditional Neighborhood Design promoted in the 2030 Comprehensive Plan. They shall contain a large commercial core, generally higher residential densities with a mix of housing types, an interconnected street system, uses accessible from the boulevards that serve the urban center, and public open space around which the urban center is designed. Multiple uses are envisioned in single structures. Community facilities shall also provide a focal point far the urban center and surrounding community. Public spaces in the form of pocket parks, plazas, or greens shall be further integrated into the design of the Urban Centers. Ton 5 Attributes of Urban Centers: 1) Entertainment 2) Transportation 3) Residential 4) Employment S} Public Services Top 5 Attributes of Urban Centers: �) Entertainment Access to a variety of forms of entertainment; Cinema Amphitheatre Greens Dining Recreation D 2} Transportation Transportation efficient land use and design Count on transit, but not mass transit Parking and the importance of its design and evolution 3} Residential Product selection with quality and architectural character Architectural character is most significant to success of residential centers Density thresholds related to high form based standards FAR (floor Area Ratio) standards 4} Employment Access to a range of jobs within the Urban Centers 5} Public Services Community focal points Character anchor for the community Efficient and fiscally responsible Water and sewer Work with FCSA to assure that adequate capacities, transmission and treatment, will be available to serve the Urban Centers. Whaf does if fake for fhis fo be successful? Application of the above to each of the identified Urban Centers as follows: Crosspointe Urban Center The designated Crosspointe Urban Center provides an opportunity to enable either the currently approved project or an intensification of the proposal to allow for a greater mix of land uses, including residential, for a greater economic return to both the County and the property owner. The Crasspointe Urban Center is envisioned to be the most commercial and urban of the urban centers and, at the convergence of Interstate 81, Route 37 and future Warrior Drive, is ideally located to be the most intensive. The residential densities in this area have the potential to be the highest in the County's urban areas. Opportunities exist to further the entertainment characteristics of this area based on its location, visibility and accessibility. • Examples include; Villages at Leesburg, Fairfax Corners, West Broad. Kingstowne. o A hook; employment /entertainment /cultural life /destination. - Office and employment mix with power commercial opportunities - Entertainment district - Core commercial high density ■ No height limitations ■ High Density Residential; 12 -16 units per acre to 6 -12 units per acre (maximum and minimum densities with minimum on the fringes). o Transportation. Premier access; Interstate 81 and Route 37, Warrior Drive, o Utilities. Good. D A r \ � \ � � ' r � �,� �� ;fir. � r f_ - -1 �� - J.' � � }' FF nom,;, - _ �;'' �i'� � T , �� , ,v e i / i j e`. MSC r �� . �'� . � �1� �� ,:�,: -, ti� _ G12 ula i� � 6 -12 ula .,� � �, 1 % . ,� ' � . _ rr fi -12 ula � _ _ . ! t L.� � -S zz t I mot-' -t '4 ££ �.. - jl., � t`. f � �� 612 ula ' � .. -�_ �- � , � r � t �' Sr � ='� i3 � � r f - ''�t _ if k - l / !� � �� 't � .. _ - � � r r r - � � / 7 r ' )` "f f If` ] �„ ��~ er lane lM� ' .. T_ � ''" 1 f \ � FFgh Cammrad Mnetl Uea �\ , n siia � � - - ®kmn liMaatCwnm¢rt�al BMRM 11w (W LakssBPOntls , � �•� ', T i �� - }-�' ! - '. �. - -' .r, ®uiaa,,, c�nazr n�a.�tui 1� s��iv J_ � '}��_ t �� i _� 1 z � �`' ®ma.nzn, oaaaa, ana�a�wi '1�F�n�a Riazaraase �ia�� S I II" :� ,� � �� Y" 1 �' ��«, /' / anviw ores y \ -� FNJre Ri 9'I d+PS.� ti'�� Vr3®n Cwcgr Raetl � FWUre At ! }8rpsea OO RWamtia� ®e�.�m�m��wenr s.�n�ar.N 0 O.i25 0.25 0.5 Miles ••- r,a�t, ♦ mswM rani Lwm�m, I I ICI I I� N Parkins Mill Urban Center This designated urban center provides an opportunity to introduce a mix of uses into a largely undeveloped area in a way that builds the identity and enhances the economic performance of these communities. This area is already anchored by an elementary school and middle school. Similar to the Senseny and Greenwood Urban Center, this Urban Center should also embrace a traditional main - street feel, be pedestrian - friendly, ecologically sensitive and architecturally distinctive, honor the area's local heritage and promote urban fife in a dynamic new way. This urban center should be defined by tree -lined boulevards and an inviting central park area oriented around the existing public facilities. The residential densities in the center of this area are envisioned to be 10 -12 units per acre in the core area, tapering off to 6 units per acre on its perimeter adjacent to the existing residential land uses. • Scale - Landsdowne Town Center o A hook; employment /entertainment /cultural life /destination. ■ School Cluster /Community Facilities ■ Aquatic Facility ■ High Density Residential; 12 -16 units per acre to 6 -12 units per acre (maximum and minimum densities with minimum on the fringes). ■ Walkability ■ Mixed use commercial in block east of Route 522; significant vehicle trips in this area ■ Non residential adjacent to Route 37 o Transportation. Good; 522 visibilty, Papermill Road and Justes Drive extended. Proximity to Route 37. o Utilities. Excellent. 13 \ � i }y M1 l / x - { ` \r � � - i / h �L� � J! �/� �� 1 F r L -, %� i.- .iii",. f _ � j _ � i�. � r �� r 'Y � mss' `. x � ~ 77 � T . � � J \ � / r �- .Ll � � _�- _ � - i , 1. � �� l - - '� -_ 1 1 �.. - j� � � - / -s� �� '�� +� .�.�� .�) 0 0.125 0.25 0.5 Miies �I ! i�E I I� N �� E�,.u4£ [�Ea�M�> � _:; v =. =�' �> I6 -12 ulal _. `� ! . �i r � �.�� ' �l �� /Vrbo��n co�rt.r Lana uae ' � \fl �'Cemmenel Meeu Uae '�,. sbeana ®?Nln Sne.t CarmmerclM Misedl�,e La W.6 Pam �Hghw Uenslry RniaanMl '1- �Shcek -, t ®Medlom 9enwy Fmldmtlal ��FNUre Fl3i Bypaar Mamu.a9a 7 Maliwt�ettW �'�. Fuurew3)e�taae �, I�� union cents. Roaa � Fuue Po d] e�0aee ORwn4dau! �� ••••• TmW - IYamRC RUreI Lardmetk+ 0 0.125 0.25 0.5 Miies �I ! i�E I I� N �� E�,.u4£ [�Ea�M�> � _:; v =. =�' �> I6 -12 ulal _. `� ! "� ,� i�> o � - a r � \`i1 '�� _ �t� .. /Vrbo��n co�rt.r Lana uae ' � \fl �'Cemmenel Meeu Uae '�,. sbeana ®?Nln Sne.t CarmmerclM Misedl�,e La W.6 Pam �Hghw Uenslry RniaanMl '1- �Shcek -, t ®Medlom 9enwy Fmldmtlal ��FNUre Fl3i Bypaar Mamu.a9a 7 Maliwt�ettW �'�. Fuurew3)e�taae �, I�� union cents. Roaa � Fuue Po d] e�0aee ORwn4dau! � Emntrnmant� fry Samitrve Arva ••••• TmW - IYamRC RUreI Lardmetk+ Greenwood Urban Center The designated Greenwood Urban Center provides an opportunity for a focal point for an area where most of the recent suburban residentia! development has occurred. The Greenwood Urban Center is envisioned to introduce a mix of uses into already developed areas in a way that builds the identity and enhances it livability. This Urban Center should embrace a traditional main - street feel, be pedestrian - friendly, ecologically sensitive and architecturally distinctive, honor our region's local heritage and look to the future by promoting urban life in a dynamic new way. This lifestyle center should be defined by tree -lined boulevards and an inviting central park area oriented around the existing historic farm house and grounds. The residential densities in the core of this area are envisioned to be in the 12 -16 units per acre range, tapering off to 6 units per acre on its perimeter. Anchored in ail directions by existing and proposed schools and park areas, this Urban Center is tailored to be the future focal point of the Senseny Road and Greenwood area. • Scale - Landsdowne Town Center o A hook; employment /entertainment /cultural life /destination. ■ Campus community /Office ■ Home for the east side residents; mayor residential ■ Supported by uses conducive to residential living; Recreational features and urban farming ■ Commercial core with Creekside style architecture ■ Four story maximum. High Density Residential; 12 -16 units per acre to 6 -12 units per acre (maximum and minimum densities with minimum on the fringes). o Transportation. Excellent; Tnverlee and Channing, Proximity to Routes 7 and 50, future Route 37. o Utilities. Good �� //d _ I � I f -ti ; d Y Fr _ I, r ' IIII�, cam`, ,�� k rte.. �' � _ � � � � _ _ k , �— i __ _ a, 'h 1 °,i r i- ��- � "� _ _ .�- � � - i _ � f_ /. ... .�� i �' �.. -_ -_�� r . - ,. - r � � I c 'I x� � I 6.12 ula YL"', 1 , 1 � `�.�/ MSC �.Lc MSG = _ __ ( � -o. ` -.: e r. ..� -r,. ::j � •� J l ' / e' - F �Hg erUmsry RSWenuel � / � � Med um Oeu.ny RwbenuY � ....................... Ar ��\ .-, FNUre Rl3i dr�sa' �urmnCenta ROeA `Futwe Rt ]]Bypae: OO RwMa4art ®EerwomnenlxlY; sencirr�e Area .... iiais . Hetdk RUSrtemmena i` �`�c. I, a�� .o r �\ V I" 1 4 �! 1 f ifl 1 J � - �J r�� , �1F ..c ,*gym � .,y � , .. vi M �� - =� -o. ` -.: e r. ..� -r,. ::j � �.' -.. .. ' F� � U h G L+ v3U _ -` � ®Hgr Cn rrmerc el MUatl Vae "�. SVeann �Ma Sve =r Comnxttrei MeroC UU�tsheaa PmEs l ' / e' - F �Hg erUmsry RSWenuel � / � � Med um Oeu.ny RwbenuY � ....................... 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It shall contain a large commercial core, generally higher residential densities with a mix of housing types, an interconnected street system, and public open space around which the urban center is designed. Community facilities shall also provide a focal point for the urban center and surrounding community. Presently, Sherando High School and Sherando Park provide this function. In the future, these resources shall be complemented by a new Elementary School which shall serve the existing and future population and be located within the urban center. Public spaces in the form of pocket parks, plazas. or greens shall be further integrated into the design of the Route 277 Urban Center. The Route 277 Urban Center is centrally located to the community and is in the short term, respectful to the Agricultural District. The commercial and residential mix of land uses shall have a strong street presence and shall relate to existing Route 277, Warrior Drive and Double Church Road. The mix of commercial, residential, employment, and community uses shall be linked to the surrounding community with inter modal transportation choices and public open spaces. • Scale - Landsdowne Town Center o A hook; employment /entertainment /cultural life /destination. ■ Entertainment and Recreation • Destination commercial • Main Street character ■ Fairfax Corner, REI, Theatre • High Density Residential; 12 -�6 units per acre to 6 -12 units per acre (maximum and minimum densities with minimum on the fringes). 21 o Transportation. Short term; limited, Route 277, long term; good, Warrior Drive and South Frederick Parkway. o Utilities. Average. 22 _ I - '� r �� .. `., L � r � � -r - R � � �f � � i �s l 4 T i �� Y: i y'� - .. - �, r� ,,1 ! t . � � � � � �., :. ri ,, T � ;, _ _ . f� � �' � - ,f y _ r f� t �f -Ek e i \1 �{ i'.. � r � � r t i � � r�`� r x �. 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Riley, Jr., County Administrator � From: Candice E. Perkins, AICP, Senior Planner A Subject: Work Session New Traditional Neighborhood Design (TND) District Date: November 20, 2013 Staff has prepared a proposed new zoning district tilted "Traditional Neighborhood Design" or TND District. This new district is proposed to implement the goals of the 2030 Comprehensive Plan in regards to planned urban centers and neighborhood villages. This new TND District would be applicable to parcels located in the Urban Development Area (UDA) served by public water and sewer systems. However, this district is specifically targeted to designated urban centers and neighborhood villages as designated by the Comprehensive Policy Plan. Some of the requirements of the proposed TND District include: • Master Development Plan designed to be submitted with the rezoning; • Design Guidelines Manual designed to be submitted with the rezoning; • Permitted uses include all uses permitted in the 61, B2 and RP District (conditional uses specified), modified housing types permitted; • Mixture of housing types required; • Minimum and maximum gross residential density; • Minimum percentages and mixes of uses required; • Defined community center (mix of commercial, residential, civic, institutional uses) required; • Central plazas and squares required; , • Shallow (maximum) front setbacks; • Parking behind the buildings; • Over shop housing required; • Separate parking requirements; • Greater variety of allowed sign types; • Minimum FAR and higher building heights and S, • Street circulation and layout requirements :S. 107 North Kent Street, Suite 202 •Winchester, Virginia 22601 -5000 TND District — December 2013 Work Session November 20, 2013 Page 2 Background This ordinance was discussed by the DRRC extensively from 2008 -2009. The DRRC discussed this draft ordinance on September 30, 2008, October 23, 2008 and January 22, 2009. The text was modified based on the September and October discussions and was ultimately endorsed by the DRRC at the January 2009 meeting and it was recommended that the draft ordinance be sent to the Planning Commission for discussion. The Planning Commission discussed this ordinance at their February 18, 2009 meeting. The proposed ordinance was then discussed at a Joint Board of Supervisors and the Planning Commission Work Session on July 27, 2009. Comments were received regarding the Property Owner Association requirement and the proposed density. After the Work Session, the draft ordinance was revised to include provisions for increased density when using transfer of development rights (TDR's) and the POA section has been revised. The Board of Supervisors then discussed the ordinance in August of 2009. The Board expressed concern that the district was too restrictive and would not be utilized and wanted additional comments from the development community. The DRRC discussed the draft TND District Ordinance at their February 2013 meeting, the committee was still satisfied with the ordinance and recommended it be sent forward to the Planning Commission for discussion. The attached documents show the proposed TND District ordinance, as well as proposed definitions that correspond to the ordinance. This item is presented for discussion. Attachments: 1. Draft Ordinance - Proposed TND District Requirements and Definitions CEP /pd DRAFT Traditional Neighborhood Development District (TND) 11/20/2013 ARTICLE V PLANNED DEVELOPMENT DISTRICTS Part 503 - Traditional Neighborhood Development District (TND) § 165- 503.01 Intent. The purpose of the Traditional Neighborhood Development District (TND) is to allow development of compatible mixed -use, pedestrian- oriented, activity centers containing a mix and integration of uses, including business, retail, residential, cultural, educational, and other public and private uses in areas consistent with the Comprehensive Plan to create unified livable communities. This district is meant to allow the implementation of the urban centers and neighborhood village concepts of the Comprehensive Plan_ Specific objectives of this district include: 1. Nonresidential uses, civic uses and open spaces mixed with diverse residential land uses. The TND should feature a variety of housing choices, high quality retail, community facilities as focal points and employment opportunities all connected by an attractive, efficient, multimodal transportation center. 2. Densities that promote a compact and efficient use of land. 3. A mix of different types of land uses in a compatible manner, both vertically and horizontally with a consistent coordination and compatible architectural character and urban design concepts_ 4. Close proximity of dwellings, shops, recreation and workplaces so that ordinary activities can occur within a walking distance of most dwellings. 5. Civic buildings and parks, plazas, squares, and open space or recreational uses that act as focal points centrally located for the community and provide places of assembly or services for residents. 6. Generally rectilinear patterns of streets and blocks. 7. Pedestrian- oriented circulation system with a continuity of streets, sidewalks, and blocks so all parts of the community are easily accessible by pedestrians, motor vehicles and bicycles. 8. Well configured squares, greens, landscaped streets, and parks distributed within the Community Center and neighborhoods that are dedicated to collective social activity, recreation, and visual enjoyment. 9. On- street parking and centralized parking facilities to collectively support principal uses in the Community Center. Existing environmental features are to be preserved and integrated into the plan of development. The major land uses are to be linked by way of pedestrian linkages, trails and greenways that tie together the businesses, residences and open spaces into accessible patterns of development. The 1 DRAFT Traditional Neighborhood Development District (TND) 11/20/2013 pedestrian- oriented nature of the district should be emphasized by the building scale and design, building orientation to the street, block sizes, pedestrian- oriented uses and pedestrian- friendly streetscapes. § 165 - 503.02 District boundaries. Properties that are included within the Traditional Neighborhood Development District (TND) shall be delineated on the Official Zoning Map for Frederick County. This map shall be maintained and updated by the Zoning Administrator. § 165 - 503.03 Rezoning Procedure and Establishment of District. The process to create a TND District consists of two parts: rezoning the property to TND, and, as a proffered component of the rezoning process, approval of a Master Development Plan and a Design Guidelines Manual. The Master Development Plan shall be in accordance with article VIII of this chapter and section § 165 - 503.06 of this article. The Design Guidelines Manual will govern the site - specific design features associated with the project throughout its development. An area to be rezoned to the Traditional Neighborhood Development District shall contain no fewer than 20 acres and shall be located along an arterial or major collector roadway with capacity to handle the traffic generated. Contiguous additions shall be allowed to an existing TND District if the applicant demonstrates that the addition is integrated with the district that was previously approved. This district must be located in areas within the Urban Development Area (UDA) served by public water and sewer systems and shall be applicable throughout the UDA, but specifically targeted to designated urban centers and neighborhood villages as designated by the Comprehensive Plan. § 165 - 503.04 Design Guidelines Manual. The Design Guidelines Manual shall address the following components of the built environment within a proposed TND District: 1) Vertical and horizontal separation between streets and commercial and residential uses; 2) Types of residential structures utilized within the TND project and side and rear setbacks for each structure; 3) Architectural standards, as defined; 4) Front porches for single - family residential uses; 5) Materials, colors and textures; 6) Landscape treatments for streets and parking lots; 7) Sidewalk and pathway treatments and other pedestrian amenities; 2 DRAFT Traditional Neighborhood Development District (TND) 11/20/2013 8) Preservation of historic structures, sites, and archeological sites identified by the Virginia Department of Historic Resources and those designated by the county; § 165 - 503.05 Modifications to Design Guidelines Manual. Minor modifications of components 2 -7 of the Design Guidelines Manual may be administratively approved by the Planning Department if the Planning Director concludes, after reviewing the proposed modifications, that the proposed modifications do not significantly alter the character of land uses, intent of the TND District, or other features or conflict with any conditions placed on the approval of the rezoning. If the Planning Director determines that a proposed modification would significantly alter the approved development or alter the intent of the TND District, a revised rezoning application for the development must be submitted in accordance with section (Rezoning Procedure and Establishment of District). Modifications to components 1 and 8 shall only be permitted though a revised rezoning application. § 165 - 503.06 Master Development Plan. In addition to the requirements of Part 801 of this chapter the following items shall be shown in the Master Development Plan in a map and /or textual form: 1) The Master Development Plan (MDP) shall exhibit a compact pattern of development that efficiently facilitates interconnection between the commercial uses, residential uses, and public /civic /institutional uses, which serves to unify the entire project; 2) The primary commercial land uses shall be concentrated along the main street of the Community Center and at the major intersections; 3) The minimum non - residential square footage by proposed use type. 4) The maximum residential densities and the maximum number of residential units for individual land use categories and mixed use categories, delineating at least three housing types; 5) The designation and design of public and private roadways including alleys; 6) The designation of all residential and non - residential blocks and the general uses in each block; 7) Minimum and maximum density by block and proposed overall density, and 8) Sidewalk and pedestrian path locations. § 165 - 503.07 Modifications to Master Development. Minor administrative alterations of an approved Master Development Plan (without a revised rezoning) may occur in accordance with § 165 - 801.08, if the Planning Director concludes, after reviewing the proposed modifications, that the proposed modifications does not significantly alter the character of land uses, intent of the TND District, or other features or conflict with any DRAFT Traditional Neighborhood Development District (TND) 11/20/2013 conditions placed on the approval of the rezoning. If the Planning Director determines that a proposed modification would significantly alter the approved master development plan or alter the intent of a TND Development, a revised rezoning application for the development must be submitted in accordance with section § 165 - 503.03. § 165 - 503.08 Phasing. The developer /subdivider is permitted to construct the TND project in phases or section as long as: 1) All phases are indicated on the master development plan. 2) Essential streets and entrances to the TND project shall be provided with the initial phase of the development. § 165 - 503.09 Permitted Uses. A. All uses permitted in the TND District, unless required to obtain a Conditional Use Permit by § 165 - 503.10, are those allowed in the following districts subject to other restrictions imposed by Part 503: RP Residential Performance District B 1 Neighborhood Business District B2 Business General District B. Conditional uses are determined solely according to the provisions of section § 165- 503.10 of this article. C. The Zoning Administrator may permit additional uses within a TND District that are not expressly permitted within § 165- 503.09 or § 165 - 503.10 if those uses are consistent with the goals of the TND District and the use would not conflict with any surrounding uses. § 165 - 503.10 Conditional Uses. The following uses and associated signs are permitted with a conditional use permit provided that it is demonstrated that the use can meet the intent of the TND District: Conditional Uses Car Washes Automotive Dealers Self - service storage facilities Standard Industrial Classification (SIC) 7542 55 Drive throughs /Drive -in lanes associated with any permitted use - Outdoor Storage and Display DRAFT Traditional Neighborhood Development District (TND) 11/20/2013 Cottage Occupations, as defined § 165 - 503.11 Modifications to permitted housing types. The applicant may request as part of an application for rezoning to the TND District that a modification to the permitted residential housing types be allowed. The applicant may introduce new housing types as part of the Design Guidelines Manual. The Design Guidelines Manual shall specify the proposed housing types and define all lot requirements, setbacks, off street parking and access. The Board of Supervisors may approve or disapprove such request, in whole or in part, following review by the Planning Commission. § 165 - 503.12 Mixture of housing types required. TND projects should incorporate as many categories of residential uses as possible, but at least three separate categories of residential uses shall be provided. Residential categories may include but are not limited to: single family attached, single family detached and multifamily uses. No more than 25% of the area designated for residential uses in the TND project shall consist of single family detached residences. § 165 - 503.13 Site Plan and Subdivision Design Plans. Based on the approval of the Rezoning, Master Development Plan and Design Manual for a TND Development, the applicant may file for site plan review /approval or subdivision plan review /approval. § 165 - 503.14 Development Standards. A. Minimum Use Percentages. A TND Development shall have the following minimum percentages of permitted uses. These percentages shall not be modified. 1) Commercial Uses. At least 50% of the land area of the development shall be devoted to commercial uses in areas designated as an Urban Center in the Comprehensive Policy Plan. In areas designed as a Neighborhood Village, at least 25% of the land area of the district shall be devoted to commercial uses. Over shop housing shall not be counted towards the minimum commercial percentage required and shall not count against the residential density of the development. 2) Residential Use. At least 10% of the land area of the development shall be devoted to residential uses, not to include over shop housing. 3) Public /Civic /Institutional Uses. At least 5% of the land area of the development shall be devoted to Public /Civic /Institutional uses. A 10% reduction to 40% for the minimum commercial area required shall be permitted for a TND project in an area designated as an urban center and a 10% reduction to 15% for the minimum commercial area required shall be permitted for a TND project in an area designated as a neighborhood village, if the TND project provides public /civic /institutional uses such as but not limited to schools, libraries and fire and rescue facilities, not to include open space. 5 DRAFT Traditional Neighborhood Development District (TND) 11/20/2013 4) Public Parks and Open Space. At least 20% of the gross land area of the TND development shall be devoted to public parks and /or open space for the common use and enjoyment of residents, visitors and employees within the TND District. B. Mix of Uses in Project Design. To achieve the compact design necessary to make the TND fully pedestrian oriented, residential and non - residential land uses must be sufficiently mixed horizontally across the project and vertically within the buildings. Within the Community Center of a TND development a minimum of 10% of the footprint of the ground floor building area shall equate to the minimum square footage of over - shop housing required. The total ground floor area of all commercial buildings shall be the combined total ground floor area of all commercial buildings contained within the development or single MDP, not for each individual building. C. Community Center. TND Districts are required to have a defined community center with a main street. A community center of a TND project shall consist of a mix of commercial, residential in the form of over shop housing, civic or institutional uses and open space uses. The Community Center of a TND development should be organized so that Community Center is within approximately '/4 mile from the residential blocks of the development. D. Over Shop Housing. Within the Community Center or other mixed use areas, residential uses may be established on the second or subsequent floor of any commercial building in a TND District. Lobbies or entries serving residential uses shall be permitted on the ground floor. E. Common Open Space. A minimum of 85 percent of the residential units within the TND project shall be within 1/4 mile of an improved common open space such as a park or plaza having a minimum area of 20,000 square feet that includes, at a minimum, improvements such as benches, activity areas, and landscaping. No more than 50% of the required open space shall be located in environmental features or areas designated as green infrastructure as identified by the Comprehensive Policy Plan. F. Central Plaza or Square. A formally designed central plaza or square that is located within the Community Center of an Urban Center shall be provided and shall be a minimum of 40,000 square feet in area. Central plazas or squares located in designated neighborhood villages shall be a minimum of 20,000 square feet in area. At least one side of the plaza shall adjoin a road. The plaza shall include public amenities, such as ponds, fountains, public areas, plant beds, benches, drinking fountains, clock pedestals and the like. Buildings that adjoin the plaza shall be a minimum of two (2) stories. The central plaza or square may count towards the required open space for a TND Development. G. Building Entrances. All commercial buildings shall have direct pedestrian access provided from the entrance of the building to the sidewalk on the closest public or private right -of- -way. 1) Along the main street in the Community Center the principle building entrance of structures shall be oriented towards the street or adjacent plazas, greens, parks, squares or pedestrian passageways. DRAFT Traditional Neighborhood Development District (TND) 11/20/2013 2) Where parking facilities are provided at the rear of a building, pedestrian access shall be provided from the parking facility to the ground floor uses, either through rear building entrances, pedestrian ways along the perimeter of buildings, or by pedestrian throughways which connect the rear parking lots to the sidewalks along the front lot line. Pedestrian throughways may be exterior and located between buildings or may be incorporated into the interior design of a structure. Pedestrian throughways shall be a minimum of 5 feet wide. H. Sidewalks and pedestrian walkways. Continuous sidewalks shall be provided along both sides of all public and private streets within a TND district, excluding alleys. Sidewalks located along primary commercial building entrances on the main street of a Community Center utilized for the general public shall be a minimum of ten (10) feet wide. All other sidewalks shall be a minimum of five (5) feet wide. Within the Community Center streetscape elements shall be incorporated throughout the core; elements can include as but are not limited to brick pavers, street furniture and waste receptacles. L Trails. All planned bike trails as identified in the Comprehensive Plan shall be provided along any road within a TND district. In addition, trails shall be provided along one side of all arterial and collector roads within a TND District. Trails shall be a minimum of 10 feet wide and have a paved surface. J. Recreational Facilities. One recreational unit as outlined in § 165 - 402.08, or equivalent recreational facility shall be provided for each 30 dwelling units, excluding over shop housing. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Planning Commission in conjunction with the Director of Planning and the Department of Parks and Recreation. A recreational unit is designed to meet the recreational needs of 30 dwelling units. The units may be broken into smaller units or added together to meet the needs of the planned community. K. Parking. A TND project shall have the following parking requirements: 1) Within the Community Center and all mixed use commercial areas, all off - street parking lots are required to be located at the rear or side of buildings. When provided along the side of building and fronting on the main street, parking areas shall be masked from any road right of ways by a streetscreen. Streetscreens should be constructed of a material matching the adjacent building facade. Parking areas should also be designed to be shared by multiple owners /users. 2) A parking lot or garage may not be adjacent to or opposite major street intersections. 3) In the mixed -use areas, a commercial use must provide one parking space for every 500 square feet of gross building area. 7 DRAFT Traditional Neighborhood Development District (TND) 11/20/2013 4) Parking lots or garages within the commercial areas of the TND project shall provide one bicycle rack place for every ten motor vehicle parking spaces within the Community Center. 5) Parking lot landscaping shall be required per § 165 - 202.01 unless alternative landscaping is specified in the Design Guideline Manuel. 6) Single family residential structures are required to have two off street parking spaces per dwelling unit. Multi - family uses and over shop housing must provide one parking space for the first bedroom and 0.5 parking spaces for each additional bedroom. 7) The Zoning Administrator may allow some variation in the parl�ing standards for required parking as outlined in § 165 - 202.01. L. On- Street parking. Generally on- street parking shall be provided throughout the Community Center of a TND Development. The following shall apply to on- street parking: 1) On- street parking can be counted towards meeting the required parking in this section, provided such parking is located within 400 feet of the subject principal use. 2) On- street parking may be angled and shall be inset into the block with street trees, plantings and /or street furniture incorporated between groups of parking spaces. 3) Private streets internal to a TND Development may be used for on street parking as described above when such streets are clearly defined and constructed as streets rather than as off street parking lots. Such streets shall have buildings generally located directly adjacent to and fronting the private street. M. Property Owners Association. Conditions, covenants and restrictions shall be established and recorded in the Frederick County Land Records for a TND Development. The conditions, covenants, and restrictions shall be in effect prior to the occupancy of the first use in the TND Development. These conditions, covenants, and restrictions must: 1) All property owners associations shall be in conformance with the requirements of § 165 - 201.11 and § 144 -32 of the Code of Frederick County. 2) One (1) master association shall be created for the purpose of the conditions, covenants, and restrictions of the development. Sub - associations may be created that regulate different land uses. Each property owner shall have a mandatory membership in the association. 3) Provide for the ownership, development, design review, management, and maintenance of open spaces, common areas, private alleys and streets; 4) Provide for the maintenance of landscaping; DRAFT Traditional Neighborhood Development District (TND) 11/20/2013 5) Require the collection of assessments; 6) Be in effect for a term of not less than ninety -nine (99) years; and, 7) Before a property owners' association is dissolved, require that the property owners' association obtain the approval of the Board of County Supervisors regarding the disposition and management of open space, community parking, and other common areas. N. Signage. 1) The following requirements shall apply to commercial signage in the TND district: a) Projecting signs. Signs which project from the face of the building shall be permitted subject to the following: i. Maximum sign area shall be six (6) square feet on any side of the building. ii. Distance from the lower edge of the signboard to the ground shall be eight (8) feet or greater. iii. Height of the top edge of the signboard shall not exceed the height of the wall from which it projects for single story buildings, or the height of the sill or bottom of any second story window for multi- story buildings. iv. Distance from the building to the signboard shall not exceed six (6) inches. v. Width of the signboard shall not exceed four (4) feet. b) Awning signs. Where awnings are provided over windows or doors, awning signage is permitted with the following provisions: ii_ Maximum eight (8) square feet of signage area on an awning. iii. No backlit awnings are allowed. c) Wall- mounted signs shall be permitted to encompass 1.5 square feet for every 1.0 linear feet of building frontage, provided that the total area of the wall- mounted sign does not exceed 150 square feet. The height of wall- mounted signs shall not exceed 18 feet above the ground. d) Freestanding business signs shall not exceed 50 square feet in area. Freestanding business signs shall not exceed 12 feet in height. G] DRAFT Traditional Neighborhood Development District (TND) 11/20/2013 2) All other signs types not specified above shall be regulated by §165- 201.06 of this chapter. O. Lighting. 1) Street lights shall be installed on both sides of streets within the Community Center at 80 -100 foot intervals measured parallel to the street. The placement of all other street lighting shall be in conformance with § 144 of the Frederick County Code. 2) All outdoor lighting shall be in conformance with § 165- 201.07. § 165 - 503.15 General regulations. A. Size. No minimum lot size is required. B. Residential density. Maximum gross residential density shall not exceed 16 units per acre unless additional density credits are purchased from a sending parcel as outlined in Article III, Transfer of Development Rights (TDR) Program. When TDR's are utilized in a TND Development the maximum gross residential density shall not exceed 24 units per acre. In no case shall the residential density in any residential land bay be less than six units per acre. Over the shop housing shall not count towards the maximum gross residential density. C. Dimensional and intensity requirements. 1) Except as otherwise provided by the Design Guidelines Manual in paragraph 3 of this subsection, the following dimensional and intensity requirements shall be applicable for all development within the TND district: Requirements Minimum front yard setback on Primary and arterial highways (feet) TND District 30 Minimum front yard setback for commercial Uses on collector or minor streets (feet) No Minimum Maximum front yard setback for commercial Uses on collector or minor (local) streets (feet) 25 Minimum front yard setback for residential Uses on collector streets (feet) 25 Minimum front yard setback for residential Uses on minor streets (feet) No Minimum Maximum front yard setback for residential 10 DRAFT Traditional Neighborhood Development District (TND) 11/20/2013 Uses on minor streets (feet) 25 Side yard setbacks (feet) - Rear yard setbacks (feet) - Minimum Floor area to lot area ratio (FAR) 0.4 Maximum Floor area to lot area ratio (FAR) 2.0 Urban Center Community Center Maximum Building Height (Feet) 100 Maximum Building Height for all other areas (Feet) 60 2) The Zoning Administrator may increase the maximum front yard setback within the Community Center to not more than 35 feet for eating and drinking establishments to accommodate outdoor seating areas. § 165 - 503.16 Use Limitations A. Buffering and Screening. 1) No loading areas or refuse collections areas shall be located closer than 100 feet from any residential district or use. No off - street parking areas shall be located closer than 50 feet any residential district or use. 2) Loading areas and refuse collection areas shall be screened or buffered from view of adjoining streets and residential areas_ Mechanical equipment, whether on the ground or the roof of a building shall be screened to where it is not visible from any street. Parking lots shall be landscaped in accordance with § 165 - 202.01 unless alternative landscaping is specified in the Design Guideline Manuel. 3) All parcels within the TND District which adjoin parcels located outside of the UDA that are utilized for agricultural activities shall provide the following buffers: a. Aone- hundred foot buffer adjacent to a parcel whose primary use is agriculture. Agricultural land use shall be considered to be any parcel zoned RA (Rural Areas) District whose primary use is not residential. A twenty -foot landscaped easement, measured from the adjoining property line, shall be provided which contains a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165 - 202.01 are met. 4) Buffers and screening between housing types and commercial development internal to the TND District shall not be required. Zoning district buffers shall not be required along any existing road right -of- -ways which border the development. 11 DRAFT Traditional Neighborhood Development District (TND) 11/20/2013 5) Buffering and screening requirements shall be provided as required in § 165 - 203.02 of this chapter for the zoning district that corresponds to the use being buffered and /or screened unless alternative buffer and screening is specified in the Design Guideline Manuel. Any residential dwelling units located above commercial floor space shall be treated as commercial floor space solely for the purpose of buffers and screening requirements. 6) Road efficiency buffers shall be provided as specified in § 165 - 203.02 of this chapter unless alternative buffering is specified in the Design Guideline Manuel. The creation of alternative road efficiency buffer designs is encouraged within TND Districts. B. Street Trees and Residential Landscaping. 1) All roads and streets within a TND District shall have canopy shade trees (street trees) and shall be planted at a minimum spacing of 30 feet to a maximum of 50 feet on center along roads with on- street parking, on all other roads an average spacing shall not be greater than 40 feet on center and no more than 10 feet from rights of way. Trees should preferably be located in street tree planting area (TPA), between the sidewalk and the curb or within the landscaped area of a boulevard. a. Species shall be selected from the species permitted by § 165- 203.O1B(1). Street trees shall be a minimum of 2.5 inch caliper at the time of planting. b. All plantings shall be in conformance with § 165- 203.O1B(2). c. Within the Community Center, street trees shall consist of a single species with shade canopies of a height that, at maturity, exceeds 35 feet. d. Within the Community Center low metal fencing, railing or curbing that is attractive and durable shall be installed around the Street TPA to prevent pedestrian damage to planting materials. Consistency of fencing design is required within a prof ect. e. TPA should be as large as possible to allow for ample growing space for tree roots and crown. Street trees shall be provided with a minimum of 400 cubic feet of soil volume; this may be accomplished through open soil areas, root paths, soil cells, covered soil areas or a combination of all. When covered soil areas are proposed, the underlying soil shall not be compacted or if compaction is required then the use of a structural soil shall be utilized. f. Tree pit guards and sidewalk level tree grates are not permitted directly around the street trees. Individual pavers can be used as soil covering when they are not immediately adjacent to the tree. Open soil areas can have individual pavers used to within 18" of the tree trunk. g. Street trees shall not conflict with on street parking. The TPA shall not be located at the mid -point of any parking space for any parallel parking site. 12 DRAFT Traditional Neighborhood Development District (TND) 11/20/2013 h. Street trees shall be spaced a minimum of 15" from any signs, hydrants or other street feature and shall be located away from any street light a distance equal to one half the mature canopy spread. § 165 - 503.17 Motor Vehicle Access and Circulation. A. Motor Vehicle Circulation. Motor vehicle circulation shall be designed to promote pedestrian circulation and bicycle activity. Streets within the TND shall include traffic calming elements to encourage slow moving traffic speeds such as queuing streets, traffic circles, parallel and angled on- street parking and medians, as determined by the County Transportation Planner. B. Street Layout. Development in the TND District shall maintain a street grid pattern of generally parallel interconnecting streets with no cul -de -sacs except as may be approved during the review of the Master Development Plan due to topographic or site design constraints. Driveways to individual residential lots shall be prohibited along all roads identified as arterial or collector roadways. Driveways to individual residential lots are encouraged to be from alleys. C. Street Orientation. The orientation of streets should enhance the visual impact of common open space and prominent buildings, create lots that facilitate passive solar design, and minimize street gradients. D. Private Streets. A partial or complete network of private streets may be permitted within a TND Development upon approval by the Board of Supervisors at the time of rezoning. However roads or streets depicted on the Frederick County Eastern Road Plan shall not be permitted to be private. The location of all private streets must be shown on the Master Development Plan and shall meet the vertical base requirements of the Virginia Department of Transportation for the projected traffic volume. 13 DRAFT Traditional Neighborhood Development District (TND) 11/20/2013 ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERNIITS Part 101— General Provisions § 165 - 101.02. Definitions and word usage. ALLEY — A public or private way permanently reserved as a secondary means of access to abutting residential property. Alleys may also provide delivery access to commercial properties. ARCHITECTURAL STANDARDS — Architectural standards shall include building facade treatments (such as but limited to building materials and colors), street screens, roof details (form and pitch) and street lighting. AWNING — A cantilevered, projected or suspended cover over the sidewalk portion of a street. Also, roof -like coverings, usually canvas or metal and often adjustable, placed over the sidewalk, windows, or other doors to provide protection from sun and rain. BLOCK — A unit of land bounded by streets or by a combination of streets and public land, railroad right -of- -way, waterways, or any other barrier to the continuity of development. CIVIC USE — Community uses including: meeting halls, libraries, schools, post offices (retail operations only); places of worship; museums; cultural, visual and performing art centers; government buildings; and, other uses as determined by the Zoning Administrator. COMMUNITY CENTER — An area of more intense uses consisting of a mix of commercial, residential in the form of over shop housing, civic or institutional uses and open space uses. TND developments should be designed so that residential blocks are within approximately '/4 miles from the Community Center. GROUND FLOOR OR GROUND STORY —The first level of a building where at least 80 percent of the finished floor elevation is within 18 inches of the adjacent fronting sidewalk level. NEIGHBORHOOD VILLAGE — Compact centers that focus and complement surrounding neighborhoods; they are walkable and designed at human scale and are supported by existing and planned road networks. OVER SHOP HOUSING — Residential units in upper stories of commercial and office structures. Over shop housing shall not count towards the required density of any development but shall count towards any minimum FAR. PRINCIPAL ETNRANCE —The main point of access for pedestrians into a building. PRINCIPAL USE OR STRUCTURE -The primary or predominant use or structure of any parcel or lot, as distinguished from accessory or secondary uses and structures. STREETSCREEN — A freestanding wall built along a road, parallel with the facade of a building to mask a parking lot from the road. Streetscreens should be between 3.5 and 8 feet in height and shall have openings no larger than necessary to allow automobile and pedestrian access. 14 DRAFT Traditional Neighborhood Development District (TND) 11/20/2013 STRUCTURAL SOIL — Aload- bearing soil that resists compaction to allow for healthier tree root growth. Angular gravel within the soil mix allows air and water to permeate while supporting pavement loads. TRADITIONAL NEIGHBORHOOD — A comprehensive and compact, mixed -use development pattern based on the land development principles that guided the first settlements, towns and cities of the United States and that is alternative to the typical post -World War II suburban, use - segregated developments. Traditional Neighborhoods include a variety of housing types and lands uses in a defined area. The variety of uses permits educational facilities, civic buildings, and commercial uses to be located within walking distance of private residences. A Traditional Neighborhood is typically served by a network of paths, trails, and streets suitable for pedestrians as well as vehicles that provide residents with the option of walking, biking or driving to places within their neighborhood. URBAN CENTER —Areas larger than neighborhood villages and are envisioned to be a more intensive, walkable urban area with a larger commercial core, higher densities, and be designed around some form of public space or focal point. Urban Center should be located in close proximity to major transportation infrastructure. 15 Click in box to return to Page 3 of the memorandum PROJECT 1: URBAN CENTER POLICY /TND ORDINANCE QUESTIONS FOR CONSIDERATION Development Consults Member Response Summary Development Consults Members: John Conrad David Ganse Gillian Greenfield Bruce Griffen George Siekkinen Whit Wagner Planning Commission Liaison: Chuck Dunlap To follow are the compiled member responses to the questions posed regarding the draft Urban Center Concept (plan) and Traditional Neighborhood Design (ordinance) which are the basis for the Consults discussion and collaboration. What solutions /challenges do you see the Urban Center bringing to the County? Member 1 Response: We need to make sure we allow the developer to walk before they run. Many of the New Urbanism and TND in less populated areas have floundered before they took hold and became a viable community. Many of the early retailers went out of business before they had the population to support them. With that in mind the TNDs design ordinance requirements need to allow the surrounding population to support the retail and other venues. For example: rather than having the retail generally integrated but somewhat hidden there should be large view corridors into the retail areas so the surrounding population is drawn into the integrated community particularly in the first phases. Member 2 Response: Solutions: This will help resolve the ongoing discussion regarding the need for upper income multi - family housing. Higher income individuals looking to reside in multi - family usually look for convenience in their shopping, travel, and employment. Challenges: Planning road networks that meet the needs of the projects and overall county needs. Page 2 Development Consults Project 1 Member Comments October 29, 2013 Member 3 Response: Challenges will include increased demand for public services, infrastructure and transportation improvements. Route 37 seems essential for successful implementation of Cross Pointe, Parkins Mill and Greenwood. I'm less concerned about the paradigm shift back to living in traditional neighborhoods. Boomers remember and are likely to lead in embracing more sensible scaled development. Frederick County should also be planning ahead in visioning recreation /entertainment opportunities well situated to, or anchoring the Urban Centers. An indoor aquatic facility, for example; a portion of the cost might be proffered in lieu of a community center on the square; which, as a practical matter, is more likely be poorly managed and underutilized. Oran entertainment venue similar to Wolfe Trap at Cross Pointe, as a lure for higher quality retail commercial development and hotel /conference center development. Member 4 Response: -Is there the potential for the creation of a development authority (maybe apublic /private entity; or a public entity) to provide the specific oversight, guidance, and maybe financial wherewithal for the urban centers birth, growth, and ultimate development? I am thinking possibly something such as the Pennsylvania Avenue Development Corporation or the Boston Redevelopment Authority. -How to coordinate and /or gain the cooperation of multiple land owners within an urban center? -How to attract the key private sector entities that will provide for critical needs, such as employment, commercial retail, entertainment facilities? -How to guide the design, construction, and development so that the urban centers each have a unique character and appearance and to not appear to "clones" of places elsewhere? -How to link the urban centers to current and future transportation infrastructure — Crosspointe has the best potential for being a station on a passenger rail service from Washington's Union Station (via Harpers Ferry, Charles Town, Summit Point, and then Winchester) and possibly a Valley railroad? Page 3 Development Consults Project 1 Member Comments October 29, 2013 Member 5 Response: Primarily building demand for the amount of units these developments require in order being successful on a commercial level. Therefore, increasing the costs and difficulty of developing SFHs, at the same time incentivizing new high- density Urban Center residential will steer buyers toward considering these new residential options. As buyer's infill these buildings, commercial will follow the bodies. The challenge is changing the traditional concept of a residence in the country (i.e. SFH) to mixed -use, dense urban centers and multi - family properties (surrounded by the country). Member 6 Response: The solutions are easy, concentrate the residential /commercial density in the area where infrastructure, services, and utilities are located. We will always have a need for low density residential units, but the vast majority of homes, if they are deemed affordable and unique can be located in a more dense environment. The challenge to the County is how we deal with the land that is designated for the Urban Center while we wait for a UC to be economically justified. The County cannot deny the use of land pending an UC which may not be built for 40 years. Place holders will be needed. It is very wise that the County is welcoming the dialogue about UCs now, before major plans for infrastructure are completed which would negate the appropriate use in the future. How many Urban Centers do you think the County can absorb within a fifty year period? Member 1 Response: The economy and zoning ordinance flexibility will dictate the absorption rate. Member 2 Response: I don't think the number of Urban Centers is the question. If they are designed properly, the market will take care of the build -out timing. Phasing is a major concern. Employment within the projects is key. Member 3 Response: No idea. Page 4 Development Consults Project 1 Member Comments October 29, 2013 Member 4 Response: -There are lots of macro -scale forces at play with such aquestion — national, regional, and greater metropolitan population growth; the evolving mind -set of future generations as to where and how they want to live and work? - Population growth would seem to come from native births and retention of that population; working American citizen or naturalized citizens being attracted to northern Shenandoah Valley for economic opportunities and /or quality of life; and retirees attracted to the northern Shenandoah Valley for various reasons with health care, ease of living, cultural /natural amenities, transportation connections to visit outside the immediate area, and cost of living — some of the factors; the big question for all three groups then is whether the Winchester /Frederick County is up to the task of keeping its unique character while providing for the various needs of these subsets of people? -Asa "gut ", maybe 2 or 3 urban centers, but who knows? Member 5 Response: Fora 100% in- filled mixed -use development like those in Northern VA, based on normal population growth patterns and the (extremely slow) nature of commercial real estate, I believe one every ten years. Member 6 Response: Urban Centers are dependent on a number of factors: 1. Employment; 2. Housing demand; 3. Public transportation; and 4. Alternative choices. If every Government Agency is forced out of the blast zone and chooses to locate in the Valley; if the Orange Line is extended to Front Royal; if Sprint or Microsoft decides to create a campus community in Frederick County; more than one UC will be needed. Having said this, Frederick County will do well, based on growth projections for the next 20 years to be able to support one UC in the next 50 years. Let the market prove that the projections are incorrect. Should the Centers be prioritized /incentivized? If so, how? Member 1 Response: I feel strongly this should be market driven and the County should not prioritize or incentivize the process. The County should only provide the ordinance framework that will encourage this type of development based on demand. For example: TDR's encourage a higher density but still keeps the playing level. Page 5 Development Consults Project 1 Member Comments October 29, 2013 Member 2 Response: Urban center development is an expensive proposition for the developer. Infrastructure is extensive. Consequently, the county government needs to consider the overall economic impact to the county when calculating proffer amounts and when they are assessed. Member 3 Response: To some extent, they already are; by nature of where they're situated, their proximity to existing infrastructure and transportation networks, public services and recreational opportunities. I think it's important to remain open with respect to commercial component of these developments. For example, an alternative model might be development with larger tracts on the periphery to accommodate commercial office complexes similar to Navy Federal Credit Union. The town center might include a green with community garden and a multi- purpose pavilion for farmers market, events and recreation. This modest approach would allow the village to grow from the center outward rather than from the edges inward. This thought is most applicable to Parkins Mill and perhaps Greenwood. In both cases, viability of relatively isolated retail commercial property will be a challenge. Member 4 Response: -Yes, I think the urban centers should be prioritized and I think Crosspointe has the best potential with I -81, the future beltway of Route 37, and railroad line just to the west of being a multi -modal urban center for urban development and growth. -On the question of incentives, it is the matter of whether a development corporation /authority as noted above could have some bonding authority so as to have some money to put in the development for public infrastructure? Further is there some way to have a financial entity that could issue loans for projects with suitable risk analysis and no recourse back on the taxpayers of the country? Land and improvement taxes are monies that either are paid or deferred for certain activities and urban center projects and is there possibility of using this power of the country to provide incentives? Member 5 Response: These centers should definitely be prioritized since we need to plan so far ahead with new development regulations to steer future growth patterns; and development standards, zoning regulations and proffer incentives (and fees) are the only tools we have to succeed. A huge campaign to educate land owners and developers about the transfer /sale of development rights to Urban Center development should be conducted. This is awin- win -win for preserving rural areas (land owners), making more affordable high- density development (developers), and controlling municipality costs in serving their citizens (Frederick County). Page 6 Development Consults Project 1 Member Comments October 29, 2013 Incentives should be in the form of deferred real estate taxes and /or (extremely) reduced high - densitydesigns. Potentially offering deferred sales tax to new commercial business would also help accelerate the commercial aspect of the Urban Center. Definitely getting away (via zoning changes /text amendments) from 1, 2, 3, 5 acre lots per SFH should be our goal. Schools and county agencies should be located within walking distance of these areas. Member 6 Response: If the UC occurs at the right time, has the assets required by the public, and is executed properly the County should not need to incentivize it. There is not enough EDA money that can convert an ill- conceived UC into a successful one. The incentive will be built into the zoning ordinance that will allow for density, setbacks, and cash proffer reductions based on a reduction in the need for services and schools. How can the land area identified within the centers be used in the interim? Member 1 Response: This item should be left to the developer based on the uses allowed in the Zoning Ordinance. Member 2 Response: Phasing is critical to a successful UC design. If non - revenue generating development (parks /developed green space, roads to nowhere) is required upfront the project may fail. Leaving the undeveloped land as natural recreation areas has been successful in other markets. Member 3 Response: As it presently is. I'm also a proponent of encouraging small agricultural endeavors to support a growing shift towards healthier lifestyles and diets. Also viticulture is a growing industry in Virginia that I would love to see encouraged more in Frederick County. Member 4 Response: -On the evolution of land uses, I am aware of one particular urban center where I have seen evolution of land use over time (10 -15 years), Crocker Parkin Westlake, Ohio (a far western suburb of Cleveland). Westlake (aka Dover Township) was an agricultural area; later some farm estates for Cleveland gentry, commercial orchards, then mid - market mid -20t" century housing, and now moving into upper - middle class housing. Crocker Park is located at the southwest corner of Crocker and Detroit Roads and about aquarter /half mile of an interchange on I -90 (a Page 7 Development Consults Project 1 Member Comments October 29, 2013 main east -west freeway that connects to downtown Cleveland and eastward; and westward to the Ohio Turnpike and Chicago). From my knowledge of visiting this area over a number of years, the particular location of the Crocker Park urban development was originally a strip commercial shopping center with lots of vast gray asphalt parking lots. One such strip commercial shopping center still exists on Detroit, but behind it, the grid of new streets for Crocker Park has been evolving with a dense urban village of 2, 3, and 4 story buildings set right on the sidewalks with offices /residential above; retail shops, restaurants, and entertainment at the sidewalk level. Parking is in structured multi -story garages, or open parking lots at the edges that are just place holders for future redevelopment. Behind the shopping district, one finds market -rate townhouses and apartment buildings. And, I have heard that American Greeting has been planning on moving its headquarters to the far south side of the shopping district, but that may be on hold. What this story is about is evolution from a low level to a higher level of land use, value, and development. Member 5 Response: Good question. Land lease to farmers? Member 6 Response: Either with lower density use that will be replaced when the time is right (like Tysons Corner) or with structures that can be retro- fitted with additional stories. By converting surface parking with structured garages. Should each center be phased? Member 1 Response: Again this item must be left to the developer but the County must allow phasing. Member 2 Response: Yes, a percentage of residential tied to commercial based on a formula. The Ballston area in Fairfax County is a good example of successful phasing tied to percentages. Member 3 Response: Yes. But care should be given to ensuring a consistent theme and continuity from phase to phase in the Master Development Plan. It's also important that a variety of housing types are included in each phase of development. Page 8 Development Consults Project 1 Member Comments October 29, 2013 Member 4 Response: -Yes, I think the urban centers should be phased and which one comes first and then the later pecking order depends on market forces and /or inherent opportunities presented by the particular urban center location. Member 5 Response: Yes, to stay balanced in development; focusing on making each UC complete and sustainable rather than five diluted UC which are only partially occupied with floundering commercial businesses. (People are attracted to areas where other people are already living.) Therefore we create a demand for the next UC as each on fills up. Member 6 Response: All successful UC have been phased. Lenders would never allow a widespread development, in advance of sales, thus abuilt -in phasing will be imposed. What more do you think needs to be added to the concept /TND ordinance to make the case for why or why not this type of development is appropriate for Frederick County? Member 1 Response: As the County grows and the demographics change the developers will fill the need. It is our job to provide the platform to allow this type of development and the evolution of this type of development. I also feel we should allow other developments such as Snowden Bridge to incorporate the applicable TND design concepts. One of the biggest challenges in other jurisdictions to New Urbanism and TND design concepts has been VDOT. They are behind the curve on this concept and I have no clue how to solve this issue. The developers have solved the problem by having the entire non - typical roads private but this does not allow for a consistency of design. For example: the street scape and signs change as you go from the public to the private road system. Member 2 Response: Higher density development is good for the county and the development community. Higher density development for commercial and residential, increases revenue for the both county and the land owner. I know I have mentioned design and phasing before, but I they are both critical and will insure a successful project for both parties. Page 9 Development Consults Project 1 Member Comments October 29, 2013 Member 3 Response: I feel the concept is sound and a most acceptable method to preserve open space, resources, and the rural character that remains in our community and enhance social interaction; should be an easy sell. Although, it might be easier to simply declaim the failed model of urban sprawl that we've watched unfold over the last 40 years; OK, I'm being glib. Relative to the TND Ordinance, I will always espouse the mantra "less is more ". The document should be flexible and offer encouragement to Architects and Planners to advance unique ideas and concepts that reflect the spirit and intention of its purpose. Member 4 Response: -In the Draft TND: - Section 165 - 503.12 Mixture of housing types required: Zero lot line units, court house (see Los Angeles for this type of housing arrangement), accessory dwelling units, co- housing, and group- housing in large single family (i.e. several retirees single and /or couples pooling resources for a large house with nice large private suites, and living units) for the help /caretakers) -are some of the housing options to keep an open mind for in the future. - Section 165 - 503.04 Design Guidelines Manual: -a new item #9 Cultural and Natural Landscape Features — if a site has cultural and /or natural landscape features that have some scenic, ecological, environmental, and /or other values, these features should be considered in the site design development process and typically preserved /utilized as part of the "amenities" for such a site. -I would provide some clause that allows for creativity by the developer and their design professionals so that if they come up with a design concept that is not considered within the ordinance, but is publically vetted and viewed as having "special merit ", I would add that clause so that developer and design professional creativity is encouraged. The key thing here is the vetting, review, and approval so that the public and whatever is the final authority —the development corporation /authority and /or the county planning commission and /or the board of supervisors has the opportunity for an open consideration and review. Member 5 Response: In the same campaign for selling development rights, educate the citizens about the necessity to concentrate new development in higher- density areas. Point out the benefits of living in these centers by reduced commuting times, elision /carbon footprints, opportunities for more exercise and time spent with family, opportunity for higher - quality commercial development, and the ability to reduce tax bases due to increased efficiency by local municipalities. Page 10 Development Consults Project 1 Member Comments October 29, 2013 Reflect on the successful UC throughout the United States (not just Northern VA since some people have a strong disdain for NOVA). Emphasize to our community : to preserve what we know as 'country life' i.e. farmland, open spaces, environmentally healthy rivers and lakes, clean drinking water — we have to adapt our life styles today to make sure "the country' will still be there tomorrow. Member 6 Response: Until there is a demand for TND Development the use of this zoning tool must be voluntary. Today's market apart from major employment hubs does not desire high density living. There must be a reason why someone would cross the mountain to live in the Valley beyond the quality of life. In the 2004 -2005 environment the housing prices began to push the buyers west. These were the same buyers that that could not afford to live in Loudoun and Prince William Counties. These folks were conditioned to TND developments, not because that was their desire, but because that was all they could afford. What we are seeing now is that buyers are coming to the Valley strictly for affordability, but they are shunning the high density. High wage employment will change that but the employment centers will need to come first. TO: Board of Supervisors FROIVI: John R. Riley; Jr., County Administrate SiJBJECT: Business Friendly Committee Report I}ATE:. November 4, 2013 At the July 10, 2013 meeting of the Boazd of Supervisors, the Board voted to accept the report from the Frederick County Business Climate Assessment Citizens' Committee. At the August 14, 2013 meeting, the Board forwazded the phase I recommendations to the respective committees /departments for evaluation. The phase I recommendations were: 1. Public Information Officer 2. Signage Along Major Routes Entering Frederick County 3. Establishment of an Economic Development Authority 4. Review and Evaluation of the Master Development Plan Process 5. Simplification of the Landscape Ordinance 6. Reduction in Proffer Requirements This memo transmits the committees' respective recommendations on the following: Public Information Officer The Human Resources Committee considered this item at its October �, 2013 meeting. After some discussion, the Committee recommended approval of the creation of the position of Public Information Officer. The creation of this position would make it eligible for funding consideration during the upcoming budget cycle. (See Attached.) Establishment of an Economic „Dev „elo,�ment Authority The Winchester- Frederick County Economic Development Commission established a workgroup consisting of county residents and/or individuals who have a business within Frederick County. 107 North Dent Street ®Winchester, Virginia 22501 The Committee recommended the existing Industrial Development Authority be converted to an Economic Development Authority. The attached memo outlines the additional steps needed to facilitate this conversion. (See Attached.) It is important to note that no action by the General Assembly or change in -State Code language is required to change the name of the Industrial Development Authority to the Economic Development Authority. However, a State Code change would be required if the Board desired to put a member of the board of supervisors on the Economic Development Authority, Reduction in Proffer Repuirem�nts The pewelopment Impact IVlodel Qversight Committee conducted a re- evaluation of the current Development Impact IVlodel; taking into account current economic conditions. The Committee discussed the possibility of offering'creditsfnr proffered transportation improvements above those typically expected to address transportation impacts. Ultimately, thee- Committee recommended approval of a policy modification to enable credit for transportation. (See Attached:) It was forth. er rioted in the report that the Committee would .continue to reevaluate the -mode] to see .if further modifications would be .appropriate; 'Dose additional .areas of study include: - `Tax contributions that may result from new residential development. - .Tax contributions that may result from new coirunercial development associated with a residential developmentproposal, t recommen s e Boar o a wor session m the future to discuss and review the committees' proposed recommendations. Should you have any questions; please do not hesitate to contact me: JRR/j et Attachments 2 Coun#y of Frederick INNNNNHNNlNHNOIIlNilIlxN WIW WNW NYNN# HIINNxRMINNN .NWgaiu9exNYIRNNNMN,NIN�M.rQW W{Nx1YiN6Mi{WIIIIUinlMXYnwwxNN VNNnxnINIgINRxINN11N NIxdMINMeINNINNNtlIIwnINNN INNx✓tYM TO: Board of Supervisors FROM: Paula Nofsinger, Director of Human Resources DATF: October 9, 2013 SUBJECT: Human Resources Committee Report Paula A. Nafsinger Director of Human Resources (540) 665 -5668 Fax: X540) 665 -5669 pnofsinger @fcva.us xMNMwIwW w11NfHHNInN unW xNa1Nf11wNN111IHNN1 W IINNIRq NNII W!1 W INx /IIWlaIMInRl1FNH1lgNlw[NIiNNMIp NMwMMNNINYNVNgwH W lfFixWaIRwMNH1111i11xgtxlNNgHxxltWwW IN11N1 {INIli1 NI4NNHMNIYIUaINauxbNfN The HR Committee met in the First Floor Conference Room at 1Q7 North Kent Street on Priday, October 4, 2013, at 8:OOa.m. Committee members present were: Supervisor Robert Hess, Supervisor Robert Wells, Supervisor Chris Collins, and Citizen Member Dorris Greene. Committee members absent were Citizen Member Barbara Vance and Citizen Member Beth Lewin. Also present were; Assistant County Administrator Kris Terney, County Attorney Rod Williams, NRADC Superintendent Jim Whitley, and DS5 representative Delsie Butts, * ** Items Requiring Action` ** 1. Approval of new Human Resource Policies. The Committee recommends adoption of the two new HR policies outlined below and included in the Board of Supervisors' packet. In #orma #ion Technology t]sage This newly created. policy combines two current !T policies: 1. Acceptable Use Guidelines for Internet Services (199$) 2. Security — Acceptab[e Use Policy {2QQ4) The proposed policy updates and combines all of the County's technology resources and outlines to our employees expectations of: monitoring, retention, use, and privacy. The Technology Committee recommends approval of the new policy. Work for Hire This newly created policy addresses ownership rights of copyrightable material. z, Creation of the Public Information Dfficer position to facilitate funding consideration during the Fiscal Year 2014 -2015 budget cycle. The Committee recommends approval to create the position of Public Information Officer. Should the Board adopt to create it; the position can then be subject to funding consideration during the upcoming budget cycle. 1. None. ** *Items Not Requiring Action" ** 107 North Kent Street, Winchester, VA 22601 Position T!tle: Public Information Officer Date Position Created: Reports To: Caunty /Assistant County Department: 'County Aclministratian Administrator ® Exempt ❑Non- Exempt Date- ,Prepared: 7/24/203 Prepared,sy. Assistant.County Administrator , Range: R12 _ Grade: up to C - Salary: ;$60E300- $65;000 G/L -Line Item: TBD ru,,; 1 ....nc�..�.,r ,-d �wk. � .�. -t�,.: .�t,. _, z'i'ZU NS., ��..,w�:::.� .� 4;�Y;ew,� � -- .rw»�;,a � ; �' • • • ■ • ' • Knowledge /skills: Extensive knowledge of modern principles andpractices of public relations as applied to local governr�ient. ,Exceptional written and oral communication skills; proven ability to work effectively, productively, and diplomatically with;and maintain effective working relationships with elected and appointed officials, employees; meir�bers of the media, community organizations, and citizens: Ability to perform .under..- pressure and make .effective .presentations to civic %business :organizations. Working knowledge of ocal government; includjrig criminal justice; emergency service `systems; and �OIA. Substantial knowledge of word processing and web content management anc! computer grapiiies; Basic knowledge of television production and broadcast processes:. -and Techniques. ]Physical Demands: Walking; talking, stooping, kneeling, bending`, reaching, `and gripping: Incumbent may be required on occasion to moue and lift up to 30'Ibs. (boxes; files, etc.); work long periods`at a desk; walkover rough terrain on occasion: Number of':Employees Supervised. 0 Number'af Subordinate Supervisors'Reporting to lab. o : WINCHESTER FREDERICK COUNTY VIRGINIA EDC DATE: October 30, 2013 TO: John R. Riley Jr., County Administrator FROM: Patrick Barker, CEcD, Executive Director RE: Recommendation � Establishment of an Economic Development Authority Thank you for the opportunity for the EDC to lead discussions about establishing an Economic Development Authority. This Business Friendly recommendation was reviewed and its subsequent recommendation was unanimously endorsed by the workgroup. The workgroup (full roster below) consisted of solely County residents and /or individuals that have a business in the County. Moreover, all members had board level experience in economic development on either the Economic Development Commission and /or County Industrial Development Authority. All members will actively engage. • Gary Lofton � Frederick County Board of Supervisors • Josh Phelps � Winchester Metals • Mitch Orndoff � Special Made • Stan Crockett � Virginia Inland Port • Doug Rinker � Winchester Equipment BACKGROUND From the Frederick County Business Friendly Committee's Final Report, the creation of an economic development authority or EDA was identified as an important catalyst to fostering a more competitive business environment for Frederick County. While the powers and authorities of an industrial development authority, which currently exists in Frederick County, and an economic development authority are the same, the change from an IDA to an EDA would provide the Board of Supervisors with an opportunity to re- establish the economic development vision for the county and would also provide the flexibility to pursue a variety of business attraction and retention options and strategies for implementing a diversified economic development strategy. The workgroup reviewed various elements of Economic Development Authorities. The positives and negatives of an economic development department and economic development authority were discussed at length. Staff acquired information directly on several other jurisdictions, including Warren County, City of Winchester, Henrico County and Chesterfield County. Several flow charts were developed to guide the discussion on organizational and funding issues Your Mave. Gur Commitment. 45 East Boscavwen Street ■Winchester. VA 22b01 ■ 540 -5b5 -0973 ■Fax 540 722 -Q504 ■ www.winva.com Page 2 of 2 Recommendation � Establishment of an Economic Development Authority RECOMMENDATION • Convert IDA to EDA and mirror, at a minimum, the County's current funding to the EDC, including staff • EDA Board members should in reside the County and include 4 members of the current EDC Board and 3 members of the current IDA board, initially on a staggered term, and a BOS liaison. o All EDA members should have business experience at the executive level and /or significant land development experience. • Annual meetings, at a minimum, of EDA Board and BOS to confirm strategy alignment and specific direction • Specific direction from County BOS on economic development (short- and long -term goals (activities to accomplish in year 1, etc), level of aggressiveness of EDA (land acquisitions, infrastructure development, bond issuance), and a continued existing business function as well. RATIONALE FOR RECOMMENDATION • Option that most closely compares to current EDC structure, which has performed well, and would provide a mostly seamless transition • Most simple to customers (new businesses and business expansions have one point of contact) • County needs a vehicle to prime business development properties with fewer obstacles, increased speed • Accountable model not just for today, but looking forward Thank you again for the opportunity to lead this discussion. Please inquire to any questions. If this impacts the current structure of the EDC, please note the EDC Chair position will be elected in January. The Chair position rotates based on residency with the City up next. Some direction prior to January would be appreciated. Your Move. our �vmmitment. 45 East Boscawen Street ■Winchester VR 22601 ■ 54D- 665 -0973 ►Fax 544 722 -0604 ■ www,winva,com ORDINANCE December 11, 2013 The Board of Supervisors of Frederick County, Virginia hereby ordains that the Ordinance Creating the Industrial Development Authority of the County of Frederick, Virginia (the "Ordinance "), adopted by the Board of Supervisors of Frederick County, Virginia on October 24, 1967, be, and the same hereby is, amended as follows, effective immediately (deletions are shown in h ^',� � +ri4 ° +hr ^„nh and additions are shown in bold underline): BE IT ��cni �i�n ORDAINED by the Board of Supervisors of the County of Frederick, Virginia that the'n�'aT Economic Development Authority of the County of Frederick, Virginia be and it is hereby created pursuant to the provisions of Title 4� 15.2, Chapter � 49, �n ^',,.�;nn c °,. +;.,n � � � _� Z7C. +hr ^� �nh C°n +inn � C. � _�1 ZAA Of the Code of Virginia. (1) The name of the Authority shall be the'n�'aT Economic Development Authority of the County of Frederick, Virginia. (2) Its principal address shall be at the County Office Building, in the City of Winchester, Virginia. (3) The purposes for the creation of the Industrial Development Authority of the County of Frederick, Virginia are those set forth in Section 15.2 -4901 of the Code of Virginia, including, but not limited to, to permit it to acquire, own, lease, and dispose of properties and make loans to the end that said Authority may be able to promote industry and develop trade by inducing manufacturing, industrial1 a-r� governmental, nonprofit and commercial enterprises and institutions of higher education to locate in or �e remain in this Commonwealth and this County; and fe further the use of +tom the agricultural products and natural resources of the Commonwealth and this County; and to vest said Authority with all powers that may be necessary to enable it to accomplish such purposes, which powers shall be exercised for the benefit of the inhabitants of the Commonwealth and this County, a -r�#e� either through the increase of commercel a -r�#e� or through the promotion of safety, health, welfare, convenience a-r� or prosperity. Sections 4 through 7 of the Ordinance remain unchanged and, as well, with respect to Section 8 of the Ordinance, those persons currently serving as Directors of the Authority shall remain as Directors according to their current terms of appointment. Enacted this 11t" day of December, 2013. Richard C. Shickle, Chairman Gary A. Lofton :r•�:ra�_w:r� i : r• � :i a � � � � � � � � ca i � Christopher E. Collins Gene E. Fisher Charles S. DeHaven, Jr. 2 A COPY ATTEST John R. Riley, Jr. Frederick County Administrator COUNTY of FREDERICK Department of Planning and Development 540/ 665 -5651 Fax: 540/ 665 -6395 Eric R. Lawrence, AICP Director MEMORANDUM TO: Board of Supervisors FROM: Eric R. Lawrence, AICP, Planning Director SUBJECT: Development Impact Model — Oversight Committee Report from Meeting on October 8, 2013 DATE: October 30, 2013 The Development Impact Model — Oversight Committee (DIM -OC) met on Tuesday, October 8, 2013 at 9:00 AM. Members Present J.P. Carr Robert Hess Dr. John Lamanna Gary Lofton H. Paige Manual Stephen Pettier Kris Tierney Members Absent Brian Madigan Roger Thomas Patrick Barker, Eric Lawrence, Wayne Lee, and AI Orndorff were present. ** *Item Requiring Action * ** The DIM -OC conducted a re- evaluation of the Development Impact Model taking into account current economic conditions, per the Board's August 2013 Business Friendly initiative directive. It was recognized that the DIM's current proffer expectation solely reflects projected capital facility impacts resulting from new residential development. The DIM -OC recognized that the economy appears to be moving in a positive direction, which is reflected in a 31% increase in new residential building permits issued in the first 8 months of 2013, when compared to the same time period a year ago. 107 North Kent Street •Winchester, Virginia 22601 -5000 Page 2 DIM -OC Report October 31, 2013 It was noted that if cash proffer expectations are reduced, the projected capital impacts will remain. In essence, someone has to cover the costs of new residential construction and its impacts on capital facilities; either the developer /homebuilder /homeowner or countywide through contributions from all taxpayers. It was commented that current residents should not be expected to bear the cost of new growth through increased real estate taxes. The DIM -OC felt that offering credit for proffered transportation improvements, above what is typically expected to address transportation mitigation, would be appropriate. This practice has occurred on some of the larger, more heavily transportation - proffered projects. Additionally, the practice of crediting a project reflective of proffered transportation values is also occurring in other jurisdictions. It was noted that projects that offer extensive road rights -of -way such as for planned Route 37 should receive credits to mitigate their projected residential impacts. How one arrives at the value of the transportation credit will be through discussions with the applicant, VDOT, and the County Transportation Planner. By majority vote, the DIM -OC recommends approval of a policy modification to enable credit for transportation. * ** Informational Purposes Only * ** The DIM -OC intends to continue its re- evaluation of the Development Impact Model to assess if further modifications to the proffer expectation are appropriate which offer credit for: • Tax contributions that may result from new residential development o This concept would enable the DIM to calculate real estate tax revenue resulting from residential development, and reflect that revenue as a credit against the projected impacts on capital facilities. • Tax contributions that may result from new commercial development associated with a residential development proposal o This concept would enable the DIM to calculate real estate tax revenue that would be generated from a proffered phased commercial component of the rezoning application, and reflect that revenue as a credit against the projected impacts on capital facilities. Page 3 DIM -OC Report October 31, 2013 Once the DIM -OC achieves a recommendation on these two potential credit scenarios, same will be forwarded to the Board of Supervisors for consideration. Please contact staff should you have questions. ERL /pd Attachments: Transportation Credit Example (Attachment #3) Resolution for Consideration for Transportation Credit DIM -OC October 8, 2013 agenda DIM -OC October 8, 2013 meeting summary and materials Click in this box to return to Page 3 of the Report Memorandum OUTPUT MODULE Applicant: 0 Residential Units (number) 100 Units SFD 100 SFA 0 Residential Input Data MFD 0 Non - Residential (sq. ft.) 0 Sq. Ft. Retail 0 Sq. Ft. Go to Scenarios tab for non - residential inputs Office 0 Sq. Ft. Offsets Transportation $ I ,000,000 Net Cost of Capital Faclities $959,960 $9,600 Total Cost of Capital Facilities Per Unit Fire And Rescue $56,400 $564 .............................................................................................................................................................................................................. General Government $4,300 ............................... . $43 .............................................................................................................................................................................................................. Public Safety $0 ............................... . $0 Library $49,560 $496 Parks and Recreation $ 1 76,600 $ I ,766 .............................................................................................................................................................................................................. School Construction $ I ,673, 100 ............................... . $ 1 6,73 I Total $ I ,959,960 $ 1 9,600 Net Cost of Capital Faclities $959,960 $9,600 Click in this box to return to Page 3 of the Report Memorandum Action: RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS To Enable Proffered Transportation Improvement Credits against the Development Impact Model BOARD OF SUPERVISORS: November 13, 2013 ❑APPROVED ❑DENIED WHEREAS, Sec. 15.2 -2298 of the Code of Virginia enables Frederick County to accept cash proffers as part of the conditional rezoning process; and WHEREAS, Frederick County has exercised such authority since 1990 as a method for rezoning applicants to mitigate the projected fiscal impacts of development projects on county capital facilities, and the County utilized economic modeling created by Hammer- Siler- George Associates to project fiscal impacts; and WHEREAS, the Frederick County Board of Supervisors, in November 2005, adopted the current Development Impact Model (DIM), created by Tischler &Associates, to project the impact development places on the county's capital facilities, authorized staff to utilize the DIM to project impacts development places on the county's capital facilities, and annually updates the DIM in order to maintain the DIM's accuracy in projecting development impacts; and WHEREAS, an applicant for a rezoning may seek, by proffer, to mitigate the rezoning's projected impacts on the county's capital facilities; and WHEREAS, an applicant for a rezoning may seek, by proffer, to mitigate the proposal's impacts on the transportation network by constructing transportation improvements identified in a Transportation Impact Analysis (TIA), and commit to implement aspects of the Comprehensive Plan's road plans and other long range transportation plans; and WHEREAS, proffered transportation commitments that implement aspects of the Comprehensive Plan's road plans and other long range transportation plans are recognized as contributions to greater community; and WHEREAS, County staff, with assistance from each rezoning applicant and the Virginia Department of Transportation (VDOT), may determine the value by which the applicant's proffered transportation improvements exceeds the value of the transportation improvements identified in the TIA; PDRes. #27 -13 NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors permits the value of a project's proffered transportation improvements which exceed those improvements identified in a project's TIA to be utilized as credit values to reduce the amounts identified by the DIM for the project. Passed this 13t" day of November, 2013 by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Robert A. Hess Gene E. Fisher Christopher E. Collins PDRes. #27 -13 Robert W. Wells Charles S. DeHaven, Jr. A COPY ATTEST John R. Riley, Jr. Frederick County Administrator Click in this box to return to Page 3 of the Report Memorandum •'� i COUNTY of FREDERICK Department of Planning and Development 5401665 -5651 Fax: 5401665 -6395 TO: Development Impact Model — Oversight C //ommittee FROM: Erie R. Lawrence, AICP, Planning Director`'{//(/ SUBJECT: October 8, 2013 DIM -OC Meeting YY DATE: October 1, 2013 Eric R. Lawrence, AICP Director The Development Impact Model - Oversight Committee (DIM -OCj will be meeting an Tuesday. October 8. 2013, at 9:00 AM in the Plannine Department Conference Room of the County Administration Building, 107 North Kent Street, Suite 202, Winchester, Virginia. The DIM -OC will discuss the following agenda item: AGENDA 1. Review and discussion regarding proffer expectations. Please contact our department if you are unable to attend this meeting. ERL /pd Attachments: Review and Discussion Regarding Proffer Expectations Agenda Adapted 2013 Critical Inputs Update Adopted 2013 Proffer Expectation 10'7 North Kent Street •Winchester, Virginia 22601 -5000 -2- Review and Discussion Regarding Proffer Expectations This past spring the Board of Supervisors' Business Friendly Committee recommended that the Board consider reducing the rezoning proffer expectation. On August 14, 2013, the Board referred the recommendation to the DIM -OC for review, evaluation, and recommendation. The referred directive stated: "Reduction in Proffer Requirements The Land Use and Development Subcommittee recommended a reduction in proffer requirements for future rezoning applications, as well as amendments to existing proffers in order to create viable projects that will deliver needed transportation improvements and other benefits. The economics of the current proffer model or development impact model do not allow for construction. The Committee examined the model and determined there were numerous capital items contemplated and incorporated into the model, but those projects were not being built in the current year. It is anticipated none of these government capital projects will be built at any time in the near future, if at all. Further, the Development Impact Model does not fully account for business, personal property tax, or other revenue that is of significant benefit to Frederick County, in addition to property taxes. A re- evaluation of the Development Impact Model taking into account current economic conditions would be appropriate. This recommendation should be referred to the Development Impact Model Oversight Committee for evaluation and recommendation to the Board." In an effort to facilitate the re- evaluation of the proffer expectation which results from the DIM, Staff has attached the most recently adopted Annual Critical Inputs list and the resulting proffer expectation sheet. The proffer expectation is renewed annually as part of the annual DIM update. This process began in 2005 when the Board adopted the DIM, and directed that the DIM be utilized to project the fiscal impacts that land use changes would place on the County's capital facilities. The County only considers impacts on capital facilities which are consistent with state law that enables cash proffer aimed at mitigating capital facility impacts, but not operational impacts. Additionally, the current proffer expectation solely considers impacts new development places on the County's capital facilities; the expectation does not contain credits for potential contributions via taxes or proffered improvements. -3- The DIM -OC is now being asked to think beyond simply updating the DIM, and to consider policy revisions that affect the degree by which new development should address its projected impacts. Ultimately, the DIM -OC is being requested to offer a recommendation if the proffer expectation should be reduced, and as to how the DIM /proffer expectation might be revised. It is foreseeable that the proffer expectation could be reduced to reflect a policy decision regarding what percentage of projected impacts should be addressed, or to reflect a credit for the contributions that result from new development. These contributions might be in the form of: • Tax contributions that may result from new residential development (see Attachment 1) o This concept would enable the DIM to calculate tax revenue that results from residential development, and reflect that revenue as a credit against the projected impacts on capital facilities. • Tax contributions that may result from new commercial development associated with a residential development proposal (see Attachment 2) o This concept would enable the DIM to calculate tax revenue that would be generated from a proffered phased commercial component of the rezoning application, and reflect that revenue as a credit against the projected impacts on capital facilities. • Value of proffered capital improvements (such as transportation) that may be considered as an offset from the DIM's capital impact projections. (see Attachment 3) o Staff did learn that in some jurisdictions, the value of proffered transportation improvements, above and beyond what is generally expected /required by ordinance with a new development, and may be utilized as a credit against the projected capital facility impacts. Background support materials from the DIM (attached) Attached are various screen captures from the DIM that illustrate the types of information and calculations currently in the DIM. Currently capital expenditures represent approximately 13 percent of the annual county budget. Therefore, it would be reasonable to only offer 13 percent of the projected tax revenues to be credited as offsets to the capital facility impacts. How might a revised Proffer Expectation be implemented? It is envisioned that should the proffer expectation policy or value be revised, future rezoning applications would benefit from the credits program. For those rezoning applications that had previously been approved, and remain undeveloped, the property owner could seek a minor proffer revision to renew their cash proffer commitments to reflect the latest DIM and proffer expectation. Staff will offer additional thoughts, and encourage discussion by the DIM -OC during the October 8, 2013, committee meeting. Ultimately, Staff is seeking a recommendation from the DIM -OC on how the County might arrive at its proffer expectation calculation to be used during the evaluation of future residential rezoning applications. Click in this box to return to the page you were previously viewing Applicant: OUTPUT MODULE 0 Residential Units (number) 100 Units SFD 100 SFA 0 Residential Input Data MFD 0 Budget Summary Revenues $7,392,448 Source: BudSum W169 Expenses - Operating $ I I ,358,04 I Source: BudSum W 174 - Capital Expenses - Capital $ I ,993,067 Source: BudSum W I I I + BudSum W 154 I 0 Year Average Capital Expenditures 13 % Source: � CAFR *Capital Projects &Debt Service Revenues - assignable $96 I ,0 18 Total Cost of Capital Facilities Per Unit Fire And Rescue $56,400 $564 .............................................................................................................................................................................................................. General Government $4,300 ............................... . $43 .............................................................................................................................................................................................................. Public Safety $0 ............................... . $0 .. Library ............................................................................ ............................... $49,560 ............. ........................496... Parks and Recreation $ 1 76,600 $ I ,766 School Construction $ I ,673, 100 $ 1 6,73 I Total $ I ,959,960 $ 1 9,600 Net Cost of Capital Faclities $998,942 $9,989 Click in this box to return to the page you were previously viewing OUTPUT MODULE Applicant: 0 Residential Units (number) 100 Units SFD 100 SFA 0 Residential Input Data MFD 0 Non - Residential (sq. ft.) 20,000 Sq. Ft. Retail 10,000 Sq. Ft. Go to Scenarios tab for non - residential inputs Office 10,000 Sq. Ft. Budget Summary Revenues $8,808,379 Source: BudSum W 169 Expenses - Operating $ I I ,744,834 Source: BudSum W 174 - Capital Expenses - Capital $2,008,840 Source: BudSum W I I I + BudSum W 154 10 Year Average Capital Expenditures 13% Source: � CAFR'�Capital Projects &Debt Service Revenues - assignable $ I , 1 45,089 Total Cost of Capital Facilities Per Unit Fire And Rescue $56,400 $564 General Government $4,300 $43 Public Safety $0 $0 Library $49,560 $496 Parks and Recreation $ 1 76,600 $ I ,766 School Construction $ I ,673, 100 $ 1 6,73 I Total $ I ,959,960 $ 1 9,600 Net Cost of Capital Faclities $8 1 4,871 $8, 149 Click in this box to return to the page that you were previously viewing Applicant: Residential Units (number) SFD SFA MFD Non - Residential (sq. ft.) Retai I Office Offsets Transportation OUTPUT MODULE 0 100 Units 100 0 0 0 Sq. Ft. 0 Sq. Ft. 0 Sq. Ft. $ I ,000,000 Residential Input Data Go to Scenarios tab for non - residential inputs Net Cost of Capital Faclities $959,960 $9,600 Total Cost of Capital Facilities Per Unit Fire And Rescue $56,400 $564 .............................................................................................................................................................................................................. General Government $4,300 ............................... . $43 .............................................................................................................................................................................................................. Public Safety $0 ............................... . $0 Library $49,560 $496 Parks and Recreation $ 1 76,600 $ I ,766 .............................................................................................................................................................................................................. School Construction $ I ,673, 100 ............................... . $ 1 6,73 I Total $ I ,959,960 $ 1 9,600 Net Cost of Capital Faclities $959,960 $9,600 bi G 3 N U � 3 � +� � U }�� G� �� 0 0� 0 0 G� O O O Ef3 Ef3 Ef3 Ef3 Ef3 Ef3 Ef3 Ef3 N lry ti b O a0 N O n O b O n ti 6g 6g 6g �1 6R b M b N 6R 6R �. 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M V �O l� V co l� O O\ O\ v) �O v) ' l� N ' ' ' �O M V l� � � � N � M v) O M O\ O\ v) N M O\ � v) �p v) � M l� N � O\ N �O M l� � � v) � O\ O r. O O N O\ �O C vi O\ O " O vi M N l" " N l" M r. " co " " O O N co O M l" � W Vl N � W M N M O\ N O �O Vl �O � M� � Vl M V ~ Vl M '~ v) O\ M M v) �O �p V �O V �O l� O\ M O\ O\ V �O �p l� O " " " (�7 � N N r. O\ v) N � M N M � � V N O �O �O v) v) EA V3 V3 V3 V3 V3 �O N l� r. N v) � M O\ v) l� M V N l� O\ O\ O\ V M O l� v) O\ �O ' l� � O N v) �n �0 0 0\ o m co o\ v m o v � o o �n �o o\ �� -. N o 0 0\ o\ o� � �n V V O M O �n r. r. �� 0 D\ D\ � V �n m l� D\ o M N m m l� � o V � " � " � � o cS o; vi v vi v � � cS o; o; vi cS � co o vi v o v v o � r" � N O O v) O\ O\ O � � O\ V V N v) l� � � N M co O � O O v) O\ O\ l� � O O " '� " " " " " " " " " " '� " " " " " '� '� " " " " " r. r. (�7 � N~ N O N N M O\ l� M N V CO � Vl M� O l� O� O M M Vl EA V3 V3 V3 V3 V3 v) O V O\ V M co N ' N v) N r. N N Vl V co O\ �O r. r. � Vl M ' r. 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Vl N V3 V3 V3 V3 V3 EA r. � v) N r. co M v) ' O co O v) co O M � V l� v) v) V O\ �O �O ' v) v) N ' ' v) O �O O O\ l� v) � V r. � � M M M M � v) co v) O\ V V V O �O V O\ O �O l� O\ l� N V O\ O\ O\ O\ N O\ �O co M O\ l� N N N � � M� �O � O �O O V V M O M l� v) � V � v) l� V v) r. co v) v) N C N � V N �O O\ � � O O O v) M � M N M M v) O O N C v) O r. N v) M � M O\ r. O O\ N �O v) v) l� O � V v) �p �O v) (�7 r. � M � M N M N N l� � M W M�� V N V O\ Vl M Vl CO M �O N N N r. � M `� � M EA V3 V3 V3 V3 V3 r. N � co r. O r. V ' l� � O\ co O\ M N v) v) r. ' M N l� O\ ' O\ O\ O l� ' co v) co N O\ l� V N M V v) co N V l� M� co v) V l� N � O O V v) l� co � r. � � O O\ O �O O co O\ co M O\ O\ M l� � � N N O N � M M M N O\ N l� O\ V V N N M l� O N � O\ M �O l� v) �� v) O C � v) � N N � N r. � v) v) O O\ O� v) �p r. O\ V �O O\ O\ V N C V V l� N� O\ N O\ l� M r. �� N M V O � M O N v) v) v) O r7 M M N N O N O\ N O\ �O N v) M �O V V M co v) O O O O V� v) N r. O r. � N r. r. r. r. EA V3 V3 V3 V3 V3 N O\ O l� O O\ r. O\ co N M O l� M co O � v) M r. ' co � ' M M O N ' �O v) �p �O �O co v) co O\ O\ l� O M � V N M O V l� r. M � � O\ O\ O v) M v) M G M O\ � O O O V l� O O H O\ M O\ N M l� � � O co � �O l� N O v) O � O v) � � M � N co � O\ O O\ �O � N V M M O co C O\ O O\ V �O N M O\ v) O M V � V V M �p � O V r. � O\ O\ �O C O O W N N l� r. � v) O\ V M V V l� co M � co M O\ V V v) O N O co N N O N O N r. V N M N l� N M V l� V V N O\ O\ V v) r. N O r. � r. V3 V3 V3 V3 V3 EA �O �O O\ O\ O\ M co ' V co M co N �O co �p V l� � V M O ' l� � � � V O\ O\ M V O\ V r. � r. r. � V l� O O\ V � O\ V �O v) v) v) O\ �p O\ O N co v) O\ M l� O M O M V v) O O O\ O\ O N l� M � � N l� � M V � �O M v) �p O\ O O\ v) O v) O\ l� � � � co M M N � � N M_ V � oo r. v) M V V N �O O\ v) M O\ � O � r. M co O\ l� � M M � N N � N N N �� r' N O N co N � V N N N l� \N°" M M � V � O co O\ r. 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The DIM was created by an economic consultant who evaluated and analyzed development within the County in an effort to assist the County in planning for future capital facility requirements. Critical inputs to the DIM are to be reviewed and updated annually to assure that the fiscal projections accurately reflect County capital expenditures. The Board of Supervisors authorized use of the annual model update on June 12, 2013. The DIM projects that, on average, residential development has a negative fiscal impact on the County's capital expenditures. As such, all rezoning petitions with a residential component submitted after July 1, 2013 will be expected to demonstrate how the proposal will mitigate the following projected capital facility impacts: Single Family Dwelling Unit = $ 19,600 Town Home Dwelling Unit = $ 13,062 Apartment Dwelling Unit = $ 11,339 The following is a breakdown of the projected impacts per dwelling unit for each capital facility. Capital facility Single Family Town home Apartment Fire And Rescue General Government $564 $43 $419 $33 $425 $33 Public Safety $0 $0 $0 Library $496 $379 $379 Parks and Recreation $1766 $1,350 $1,350 School Construction $16,731 $10,881 $9,152 Total $19,600 $13,062 $11,339 The projected capital expenditures depicted above do not include a credit for future real estate taxes. A "read- only" copy of the Development Impact Model is available on the public workstation within the Planning and Development's office. A user manual is also available. 06/12/2013 Click in this box to return to Page 3 of the Report Memorandum MEETING MINUTES OF THE DEVELOPMENT IMPACT MODEL— OVERSIGHT COMMITTEE (DIM -OC) Held in the Planning Department conference room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia, on October 8, 2013. DIM -OC MEMBERS PRESENT: JP Carr, Bob Hess, John Lamanna, Gary Lofton, Paige Manuel, Steve Pettier, and Kris Tierney DIM -OC MEMBERS ABSENT: Brian Madagan and Roger Thomas STAFF PRESENT: Eric Lawrence OTHERS PRESENT: Patrick Barker, Wayne Lee, and AI Orndorf CALL TO ORDER The Development Impact Model — Oversight Committee (DIM -OC) meeting was called to order at 9:05 AM. Staff provided an overview of the Board of Supervisors' Business Friendly initiative, and the resulting recommendation that the County consider a reduction in the proffer expectations. On August 14, 2013, the Board referred the recommendation to the DIM -OC for review, evaluation, and recommendation. The referred directive stated: "Reduction in Proffer Requirements The Land Use and Development Subcommittee recommended a reduction in proffer requirements for future rezoning applications, as well as amendments to existing proffers in order to create viable projects that will deliver needed transportation improvements and other benefits. The economics of the current proffer model or development impact model do not allow for construction. The Committee examined the model and determined there were numerous capital items contemplated and incorporated into the model, but those projects were not being built in the current year. It is anticipated none of these government capital projects will be built at any time in the near future, if at all. Further, the Development Impact Model does not fully account for business, personal property tax, or other revenue that is of significant benefit to Frederick County, in addition to property taxes. A re- evaluation of the Development Impact Model taking into account current economic conditions would be appropriate. This recommendation should be referred to the Development Impact Model Oversight Committee for evaluation and recommendation to the Board." DIM -OC DISCUSSION The proffer expectation is renewed annually as part of the annual DIM update (most recently renewed /updated in June 2013). This process began in 2005 when the Board adopted the DIM, and directed that the DIM be utilized to project the fiscal impacts that land use changes would place on the County's capital facilities. The County only considers impacts on capital facilities which are consistent with state law and enable cash proffers aimed at mitigating capital facility impacts, but not operational impacts. Additionally, the current proffer expectation solely considers impacts new development places on the County's capital facilities; the expectation does not contain credits for potential contributions via taxes or proffered improvements. The DIM -OC is now being asked to think beyond simply annually updating the DIM, and to consider policy revisions that affect the degree by which new development should address its projected impacts. After reviewing the DIM, two questions posed to the DIM -OC were: (1) Should credits be included within the DIM's Proffer Expectation, and (2) What is the best method by which the credit might be incorporated into the DIM's Proffer Expectation? As part of the discussion, the DIM -OC considered: • New residential building permit trends. It was noted that for the first eight months of 2013, 265 new residential building permits were issued, up 31 percent as compared to the same time period in 2012. If the trend continues, the County could issue 400 building permits for new residential construction by the end of 2013. o Based on trends to date, 2013 will see the greatest number of residential building permits since 2007 when 515 permits were issued. o The years 2009 -12 were averaging 286 permits annually. Page 2 Development Impact Model — Oversight Committee Meeting Minutes October 8, 2013 • Capital portion of the FY2014 budget. It was noted that only 1.6% of the current year budget is for capital expenditures. o Oran average of 13% capital /debt over the past 10 years (2003 -2012) o If credit is incorporated into the DIM, should the credit reflect the annual portion of the budget dedicated to capital, or a 10 years' average of capital and debt as a portion of the budget? • The amount of cash proffers received and spent since 1995. The cash proffers account to date (7/2013) o Revenue received : $ 9,427,391 o Expenditures : $ 6,407,874 o Balance : $ 3,019,517 o It was noted that in FY2013, the County received cash proffer payments of $1,185,263. o The increase in cash proffer payments received most probably reflects that more of the new residential construction is occurring in the UDA, and more of the new lots being developed have cash proffer commitments. It is expected this trend will continue as the supply of lots without proffers diminishes. The cash proffer expectations from other jurisdictions. The DIM -OC discussed the proffer values received from other jurisdictions, and associated policies pertaining to credit for tax contributions and proffered transportation improvements. The DIM -OC learned that our current proffer expectation is lower than many of the jurisdictions located east and southeast of our county. Frederick County's current proffer expectation for a single family detached house is $19,600 per unit. The proffers from other jurisdictions range from $19,793 to $45,923. Jurisdictions considered included: Loudoun, Prince William, Fauquier, Albemarle, Stafford, and Spotsylvania Counties. It was noted that Prince William County recently directed staff to evaluate its proffer expectation as its School Board believed the values were too low. The DIM -OC began discussions to consider policy revisions which affect the degree by which new development should address its projected impacts. The DIM -OC considered three potential scenarios in which proffer projections might be considered. The DIM -OC considered if the proffer expectation should be reduced, and as to how the DIM /proffer expectation might be revised. It is foreseeable the proffer expectation could be reduced to reflect a policy decision regarding what percentage of projected impacts should be addressed, or to reflect a credit for the contributions that result from new development. Page 3 Development Impact Model — Oversight Committee Meeting Minutes October 8, 2013 These contributions might be in the form of: • Tax contributions that may result from new residential development o This concept would enable the DIM to calculate tax revenue resulting from residential development, and reflect that revenue as a credit against the projected impacts on capital facilities. • Tax contributions that may result from new commercial development associated with a residential development proposal o This concept would enable the DIM to calculate tax revenue that would be generated from a proffered phased commercial component of the rezoning application, and reflect that revenue as a credit against the projected impacts on capital facilities. • Value of proffered capital improvements (such as transportation) that may be considered as an offset from the DIM's capital impact projections. o Staff did learn that in some jurisdictions, the value of proffered transportation improvements, above and beyond what is generally expected /required by ordinance with a new development, may be utilized as a credit against the projected capital facility impacts. It was noted that proffers are ordinances, and therefore may not be changed administratively. This was an important note because simply reducing an existing cash proffer commitment was neither feasible nor legal for staff to implement administratively. Once proffered by a property owner and then accepted by the Board of Supervisors through a rezoning approval, staff is obligated to enforce the approved proffer statement. Therefore, it is envisioned that should the proffer expectation policy or value be revised by the Board of Supervisors, future rezoning applications would benefit from the credits program. For those rezoning applications that had previously been approved, and remain undeveloped, the property owner could seek a minor proffer revision to renew their cash proffer commitments to reflect the latest DIM and proffer expectation. It was noted that if cash proffer expectations are reduced, the projected capital impacts will remain. In essence, someone has to cover the costs of new residential construction and its impacts on capital facilities; either the developer /homebuilder /homeowner or countywide through contributions from all taxpayers. It was commented that current residents should not be expected to bear the cost of new growth through increased real estate taxes. Page 4 Development Impact Model — Oversight Committee Meeting Minutes October 8, 2013 The DIM -OC felt that offering credit for proffered transportation, above what is typically expected to address transportation mitigation, would be appropriate. This practice is occurring on some of the larger, more heavily transportation - proffered projects. Additionally, the practice of crediting a project reflective of proffered transportation values is also occurring in other jurisdictions. It was noted that projects that offer extensive road rights -of -way such as for planned Route 37 ought to receive credits to mitigate their projected residential impacts. How one arrives at the value of the transportation credit will be through discussions with the applicant, VDOT, and the County Transportation Planner. The DIM -OC felt credits for real estate tax contributions from residential and proffered phased commercial uses warranted additional discussion. At issue was arriving at the projected value of the credit. Based on the FY14 budget, only 1.6% of the budget was dedicated for capital expenditures. Therefore, was it appropriate to only credit 1.6% of real estate tax contributions? On a $400,000 house, at the current 0.585% real estate tax rate, less than $40 a year is contributed towards capital, or less than $800 over 20 years. That does not result in much of a credit to offset the projected $19,600 capital impacts over 20 years. DIM -OC Action. The DIM -OC recommended approval of a policy modification to enable credit for transportation. A resolution for consideration by the Board of Supervisors should accompany the DIM -OC's recommendation. The DIM -OC will continue discussion regarding possible credits for residential and proffered phased commercial real estate tax revenue. The discussion would further evaluate how budgeted capital and debt obligations should be treated within the DIM, and within the resulting proffer expectation. Next meetine of the DIM -OC will be in late November or early December, 2013. Date and time to be determined. Staff will distribute to DIM -OC, and include with the report to the Board, the materials included in the discussion. The meeting adjourned at 10:45 AM. Page 5 Development Impact Model — Oversight Committee Meeting Minutes October 8, 2013 Support Materials Referenced During Discussion: August 2013 Residential Building Permit Report Jurisdictional Proffer Expectation Comparisons Cash Proffers Received Table Page 6 Development Impact Model — Oversight Committee Meeting Minutes October 8, 2013 ": �. �;. , l fs / � �"' .�^ n- � �� GAL ..__ ��,, ;�� , ` County of Frederick, Virginia i�� l �. ;,�,dP;�� c�u,�ty 20'[3 Residential Building �Jnits 4 fr a "�'�is�r�R � .u� r By Month, Housing Type, and Magisteri�� -� � � °� - � District ;�� Year & Housing Jan. Feb. Mar. Apr. May June Juty Aug. Sept. Oct. Norr. Dec. To ®ate Type B single 4 1 1 3 5 3 3 20 A C Duplex K Town - hoU5e C Apart - R ment E Mobile Home E K DTOtalt 4 1 1 3 5 3 3 20 G Single 3 3 5 3 6 6 5 4 35 Q � Duplex N Town - E house S Apart - B ment O Mobile 1 1 2 Home � District p Total 3 4 5 3 6 6 6 4 37 single � 4 3 4 12 12 12 3 59 0 P Duplex E Town - Q house u Apart - o ment N Mobile 1 1 1 3 Home District Total 10 4 3 4 13 13 12 3 62 Page: 1 of 2 . County of Frederick, Virginia . _ 201 � Residential Building Units By Mar>Ith, Housing type, and Magisterial District District .- Year & , .. . Housing .fan. Feb. Mar. Apr. May June Jury Aug. Sept. Oct. Norr. Dec. TO Date TYpe single 1 2 2 2 3 1 1 12 S Duplex H ,A TOwn- house W N Apart- ment E E Mobile 1 1 Home District 1 2 3 2 3 1 1 1 3 Total S single 9 10 8 15 4 10 6 6 68 T Duplex 0 N Town- 14 8 22 house E Apart- W ment A Mobile � Home 1 1 �, District Total 9 10 8 15 4 25 14 6 91 single 1 4 2 4 2 1 2 16 R E Duplex ® Town- 4 4 5 10 23 house B Apart- U meet . � Mobile 1 1 1 3 Home District 1 9 2 8 8 1 12 1 42 Total county wine 28 29 19 34 36 53 48 18 265 Totals county wide ota�s Far same 10 32 22 41 20 19 27 32 203 Time Frame Last Year Page: 2 of 2 z 0 a oc 0 a z a J H 0 H J 0 0 U N z 0 z N J 0 0 U N Z 0 U v C N vi � �N -6 (p C � v v � U f0 3 '� � d, �o '^ U i � f�0 � � O _ �, U VI U � '� � U N w ? U U N v � Gi0 � v � v � vi -6 Y N �o � Q � N N 'p � � 7 U � C �n ._ � ? 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