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024-09Aetian: ��� BOARD OF SUPERVISORS: September 9, 2009 � APPROVED � DENIED Ciaapter 165, Zoning, AIt'TIC�E 1, Part 102 — Arnend�ents Conditional Ite�o�►ing - §165- 102.Q6, revisions to revise the procedures, addition of legal f ©r�s of proffers, recordaiion of proffers a.nd revisions to the enforcement of conditions. IE�AS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 1b5, Zozzang, Article I, Conditional rezoning ( §165 - 102.06), pertaining to revisions to the procedures, addition of legal forms of proffers, recordation of proffers and revisions to the enforcement of conditions. WlI�1AS, The Development Review and Regulations Cort�nittee (DRRC) recommended approval of this amendment on February 26, 2009; and WI�ER.]EAS, the Planning Commission discussed the draft ordinance on May 6, 2009; and recommended that a public hearing be held, ��Y.[�I2EAS, the Frederick County Board of Supervisors finds that the draft ordinance is in the public necessity, convenience, general welfare, and good zoning practice, and directs the Frederick County Plaan_ting Commission hold a public hearing regarding amendments to Chapter 165, Zoning, Article I, Conditional rezoning ( §165 - 102.06), pertaining to the to revise the procedures, addition of legal farms of proffers, recordation of proffers and revisions to the enforcement of conditions. N4W, THEREF ®RE, SE IT REQITESTED by the Frederick County Board of Supervisors chat the Frederick County Planning Comzxxission shall hold a public hearing to consider revisiozrs to Cla�.pter 165, honing, Article I, Conditional rezoning (�I65- 102.Q6), pertaining to revisions to the proeednres, addition of legal forms of proffers, recordation of proffers and revisions to tree enforcemnent of cvnditiorzs. Passed this 9th day of September, 2QQ9 by the fallowing recorded vote: This resol�xtian was approved by the following recorded. vote: Richard C. Shickle, Chairzxaaz� Aye Gary A_ Lofton Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. l�eH�.ven, Jr. Aye Philip A. Lernieu� Aye A C�P'� TTE Jahn , Jr. Fred ri County Administrator cos xes. ��024 -09 �_ _ f_ !� � \`��J Aii~TICLE I, par# 1ST— A?4��E3tV[E[�T� § 165- 1�2.��a. Cancliticsnal rez€sr�i€�g. The applicant for a rezoning may proffer in writing before the public hearing by the Board of Supervisors conditions to be placed an the approval of the rezoning. A. Procedures. Proffers shall be presented to crud ca�rtsidered by the Planning CDmmissiDn at the advertised public hearing for the rezoning. The Planning Corr3mission shall make a recommendation on the acceptance of the proffers and the rezoning to the Board of Supervisors following the procedures described for amendments to this chapter. - F_i��l -- Proffers shal] be received in writing, signed by the owner and applicant, at ]east five {S} days prior to the advertised hearing of the Board of Supervisors. The Board of Supervisorsm_ny_amend proffers once the public hearing hers beacon, or thereafter, if the amended proffers do not affect the conditions of use or density in such a way as to make the use or density of the ar ©aerty mare intense than orir�ina!!y proposed. Dnce proffered and accepted as part of an amendment to the zoning ordinance, the conditions shall continue in effect anti! a subsequent ame_n_dment_ changes the zoning an_ the property covered by the conditions. However, the conditions sfrgfI _continue if the subsequent amendment is part of a comprehensive implementation_o} anew or_substantial/yrevised zoning ordinance. B. Proffer Standards. The conditions proffered shall meet the following standards. {1} The rezoning itself must give rise to the need far the conditions. {2} Such conditions shall have a reasonable relation to the rezoning. {3} AI[ conditions shall be in conformity with the Comprehensive Plan. C. Types of proffers. The types of conditions proffered shall include but need not be limited to the following_ {1) Limitation on the use of the land. {2} Limitations on the type of housing provided. {3} Limitations of the size or locations of buildings or structures. {4} Limitations on the density or intensity of the use. {5} Conditions on the appearance or maintenance of structures or uses. {6} Conditions preventing smoke, odors, fumes, dust, noise, traffic congestion or flooding. {7} Conditions or limitations on the location and nature of entrances and driveways. {$} Conditions concerning the number, location and design of parking and loading spaces. {9} Landscaping provisions. {1Q} Provisions concerning outdoor storage and processing. {11} Building height limitations. {1�} Provisions for stormwater management and environmental protection. {13} preservation and protection provisions far trees, woodland, streams or other natural features. {14} On -site oroff -site sewer or water improvements. {1S} ©n -site aroff -site drainage improvements. {16} On -site aroff -site road, entrance or driveway irtaprovements. {17} A particular master development plan or plan features or site layout features. {18} Preservation of historic structures and sites located on the land to be rezoned. {19} Buffer, screening and separation features. {20} Requirements concerning the phasing or timing of development. {21} The dedication of land for planned roads or for facilities identified in the Frederick County Capital Improvements Plan. (22} The construction of panned roads or necessary road improvements. (23} The tanstruction of facilities identified in the Frederick County Capital Improvements Plan. (24} Cash contributions for road improvements or for planned facilities identified in the Frederick County Capital Improvements Plan. (25} Other conditions used to lessen or mitigate the impacts identified in the impart analysis. D. ie al orrn o ro er statement (1 J ,411 proffers shall be in writing and shelf be in a form suitable for recorcic�tion in the_land records of Frederick County. (zJ the pro{ferstatement shall define the owners of the subiect property and shelf be signed by eel! parties involved. �. ReCOrdation o Fro ers. ! the Frederick Count Board o Su ervisors a .roves . ro erect conditions as cart of a rezoning the Zoning ,4dministrator or County Attorney shall, within ten f1p) days of the Board's actions, present the written proffer to the Frederick County Clerk Qf the Circuit Court for reeordatiort. F.�. Amendment of conditions. Dnce accepted and adopted by the Board of Supervisors, such tonditions may only be changed through the procedures required for ordinance amendments as described by this section_ �. �— Enforcement of conditions. The Zoning Administrator shall keep records of a!! conditions attached to rezonings, which shall be readily accessible to the public. The Zoning Map shat! show by appropriate symbol the existence of conditions accepted for rezanings. Cn addition, the Zoning Administrator shall maintain a conditional zoning index which shall provide far ready access to the conditions created. � �i.�s„rt �� n,.�.. ^u;-;cr �orm? ±;• The Zoning Administrator shall enforce the conditions attached to the rezoning using the following means: {1] The Zoning Administrator shall be vested with all necessary authority an behalf of the Board csf Supervisors to enforce conditions that are attached to a rezoning which have been proffered by an applicant for rezoning and accepted by the Board of Supervisors. iZ� The Zoning Administrator may, in exercise of his discretion, issue a violation notice and correction order that orders the remed o an noncom licence with an such Conditi0135 or brie le a! action to ensure com fiance includin in "unction abatement or ether appropriate action or proceeding including the institution of criminal process, or any combination of the above deemed necessary to obtain compliance, T "° "r�nrt; ^^ ^�' °��' {3} The requiring of a guaranty, satisfactory to the Board of Supervisors, in an amount sufficient for the construction of any improvements required by the conditions or a contract for the construction of such improvements. The applicant's guaranty shall be reduced or released by the Zoning Administrator upon the completion, in whole or in part, of such improvements. (4J Failure to meet or comply with env such conditions shall be sufficient to_ cause_ o }den -the approve! of site plans subdivision design plans, or the issuance_ of bcailding_ permits, occu an ermits or -other ermits or licenses- as ma 6e a ro riate: ���T� of ��D�R.�C� l�epar°tcr�t of Blarmiaxg aid Development s�0 {665 -5�57� III ���: S�a���s -��9� 'To. Frederick County Board of Supervisors �� From: Candice E. Perkier, A�CP, Senior planner Saabject: Board of Supervisors Discussion— Conditional. Rezoning date: September 2, 2409 Currently, the 2,oning Ordinance does not contain standards as to how proffer statements should be written and does not require that proffers be recorded once accepted by the Board of Supervisors. It was requested that staff develop an ordinance that addresses these items. Specifically, the recordation requirement has been developed daze to concerns expressed regarding proffers not showing up when title searches are performed on properties. Staff has prepared a revision to the ordinance that contains requirements for the legal for:x� of proffer statements and a requirement that approved proffers be recorded with the Frederick County Clerk of i1'ie Circuit Court. The proposed amendment also contains provisions for modifying proffers and revised enforcement standards. The item was presented to the Development Review and Re�6ulations Conunittee (DRRC) at their meeting on February 2fi, 2009. The p oup endorsed revisions to the proposed changes in March of 2009. The Planning Commission discussed this item at their meeting on May 6, 2009. The Planning Commission supported the text amendment because it would aid in creating a tracking system for proffers when properties are transferred. � Staff would note that one comment was received after the Planning Commission meeting regarding the ten day requirement to the potential for a rezoning to be appealed. Staff would note that if a party were to appeal a rezoning, they could provide the County with an injunction to delay the recordation. If the rezoning was successfully appealed after the proffers had been recorded, a statement repealing the proffer statement would then be recorded. The Board of Supervisors approved this item to be sent to public hearing at their May 27, 2009 meeting. At the Planning Commission's public hearing on June 17, 2009, there were no public comments. The Planning Commission had no issues with the amendment and unanimously recommended approval. (Comaxzissioners Thomas and Mohn were absent from the meeting.) The Board of Supervisors held a public hearing for this itezaa at their meeting oza July 22, 2009. At the meeting, the Board of Supervisors requested changes to the rezoning procedures regarding modifying proffers. Since the meeting, the ordinance has been amended to address the comments received and additional changes have been made to the enforcement section of the ordinance. This proposed text amendment is being presented to the Board as a discussion item. If the Board believes the amendment is appropriate, the staff will schedule a public hearing. Staff is seeking comments and direction from the Board of Supervisors om this Zarning Ordinance text amendment; attached is a resolution directing the item to public hearing should the Board deem it appropriate. Attachment: 1. Proposed Ordizzazace Revision (165- 102.06) 2. Resolution 1€i7l�lorth Rent Street, Barite 202 � Wiaaclaester, 'Virginia 22601 -5000