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028-21 (OrdAmendmentChapter165Zoning(MasterDevelopmentPlans)) 4�G� �otr *Gefy t Action: PLANNING COMMISSION: September 1 S, 20210 Recommended Approval BOARD OF SUPERVISORS: October 13, 2021. Approved AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 402—RP RESIDENTIAL PERFORMANCE DISTRICT §165-402.01 INTENT ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS PART 801 -- MASTER DEVELOPMENT PLANS §165-801.02 WHEN REQUIRED §165-801.03 WAIVERS §165-801.06 MASTER DEVELOPMENT PLAN SUBMISSION §165-801.07 FINAL MASTER DEVELOPMENT PLAN WHEREAS, an ordinance to amend Chapter 165, Zoning, to remove the requirements that Master Development Plans (MDP) be presented to the Planning Commission (PC) and Board of Supervisors (BOS) at a public meeting as an information item prior to administrative approval was considered; and WHEREAS, the Development Review and Regulations Committee (DRRC) reviewed the proposed changes at their June 24, 2021 regular meetings; and WHEREAS, the Plamling Commission discussed the proposed changes at their regularly scheduled meeting on July 21, 2021 and agreed with the proposed changes; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on August 11, 2021; and Res # 028-21 WHEREAS, the Planning Commission held a public hearing on this ordinance amendment on September 15, and recommended approval; and WHEREAS, The Board of Supervisors held a public hearing on this ordinance amendment on October 13, 2021; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare and in good zoning practice; and NOW,THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to modify ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS; PART 402 — RP RESIDENTIAL PERFORMANCE DISTRICT §165-402.01 INTENT ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS; PART 801 — MASTER DEVELOPMENT PLANS §165-801.02 WHEN REQUIRED §165-801.03 WAIVERS §165-801.06 MASTER DEVELOPMENT PLAN SUBMISSION §165-801.07 FINAL MASTER DEVELOPMENT PLAN Passed this 13"' day of October 2021 by the following recorded vote: Charles S. DeHaven, Jr., Chainnan Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye Blaine P. Dunn Absent David D. Stegmaier Aye Judith McCarni-Slaughter Aye A COPY ATTEST jT. Pric MW Interim County Administrator Res # 0.28-21 Proposed Changes-Master Development Plans Draft May 25,2021;DRRC endorsed June 24,2021;revised July 14,2021 ARTICLE IV Agricultural and Residential Districts Part 402 RP Residential Performance District §165-402.01 Intent. B. Within this Part 402, a number of general performance requirements are identified. When a housing development has satisfied these requirements,this Part 402 is intended to provide a large degree of flexibility in development and housing design. This design process is accomplished through a master development plan which is designed in cooperation with the County staff affd phasing,planfling And-Feviewed by the Board of SupeFviser-s- The layout, density Planning Gemmis-sion —And-the Reafd of Supepvisefs. ARTICLE VIII Development Plans and Approvals Part 801 Master Development Plans §165-801.02 When required. A. A preliminary master development plan(MDP)shall be submitted to the Director of Planning and Development. and shall be pr-esefitej 4e the Plawling Commission and the Beafd of 9 Ultimately,the MDP must receive administrative approval from the Director of Planning and Development and the County Administrator prior to any subdivision or development of property in any of the following zoning districts: Proposed Changes—Master Development Plans Draft May 25,2021;DRRC endorsed June 24,2021;revised July 14,2021 RP Residential Performance District R4 Residential Planned Community District R5 Residential Recreational Community District MHI Mobile Home Community District HE High Education District MS Medical Support District B1 Neighborhood Business District B2 Business General District B3 Industrial Transition District OM Office-Manufacturing Park District M I Industrial Light District M2 Industrial General District EM Extractive Manufacturing District §155-801.03 Waivers. A. RP,R4,R5,and MH1 Districts. The Director of Planning and Development may waive the requirements of a MDP in the RP(Residential Performance),the R4 (Residential Planned Community),the R5 (Residential Recreational Community), and the MH1 (Mobile Home Community)Zoning Districts if the proposed property for subdivision or development: 1) Contains 10 or fewer single-family detached rural traditional,single-family detached traditional or single-family detached urban dwelling units(all other permitted housing types shall require a MDP), 2) is not an integral portion of a property proposed or planned for future development or subdivision; 3) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and 4) Does not substantially affect the purpose and intent of its zoning district and the intent of this article. 5) A MDP may also be waived if the applicant chooses to process a site plan in lieu of a MDP. The site plan must contain all information generally required on a MDP and a site plan.Anse the site plan is in an adminis4fatively appr-ovable , Proposed Changes—Master Development Plans Draft May 25,2021;DRRC endorsed June 24,2021;revised July 14,2021 B. MI,EM and M2 Districts.The Director of Planning and Development may waive the requirement of a MDP in the Ml (Light Industrial),the EM(Extractive Manufacturing),or the M2 (Industrial General)Zoning Districts if the proposed subdivision or development: 1) Includes no new streets,roads or rights-of-way, does not further extend any existing or dedicated street,road or rights-of-way and does not significantly change the layout of any existing or dedicated street,road or rights-of-way; 2) Does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one lot; 3) Is not an integral portion of a property proposed or planned for future development or subdivision; 4) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and 5) That such development does not substantially affect the purpose and intent of this chapter. 6) A MDP may also be waived if the applicant chooses to process a site plan in lieu of a MDP. The site plan must contain all information generally required on a MDP and a site plan. Onee the site plan is in an -dministvatively appr-evable ferm,the plan will be C. B1,B2,B3,MS and HE Districts. The Director of Planning and Development may waive the requirement of a master development plan in the B I (Neighborhood Business),B2 (General Business), B3 (Industrial Transition),MS (Medical Support)or HE(Higher Education)Zoning Districts if the proposed subdivision or development: 1) Contains less than five acres in the B 1 District and less than 10 acres in the B2,B3,MS or HE District; 2) Includes no new streets,roads or rights-of-way,does not further extend any existing or dedicated street and does not significantly change the layout of any existing or dedicated street; 3) Does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one lot; 4) Is not an integral portion of a property proposed or planned for future development or subdivision; 5) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses;and 6) That such development does not substantially affect the purpose and intent of this chapter. -7} A MDP may also be waived if the applicant chooses to process a site plan in lieu of a MDP. The site plan must contain all information generally required on a MDP and a site plan. Onee 4he site plan is in an LL1L1l 1111)Ld 4LL1TLly(3 ,the pkfflwill be presented to the Planning Commission ejid the BeaT-d of 8' peFyis R 165 901.06. Proposed Changes—Master Development Plans Draft May 25,2021;DRRC endorsed June 24,2021;revises!July 14,2021 §165-801.06 Master development plan submission. Applicants shall submit the number of copies of the preliminary MDP to the Department of Planning and Development specified by the Department of Planning and Development MDP application,together with completed application materials required by the Department of Planning and Development. A. Applicants shall provide approval comments on the proposed development from various review agencies or departments as required by the Department of Planning and Development. The submission shall be complete and the application shall commence through the public meeting process when the plans,application materials and review agency approval comments have been received by the Director of Planning and Development. B. A Traffic Impact Analysis(TIA)shall be prepared and submitted to the Department of Planning and Development with all MDP applications in accordance with the adopted Traffic Impact Analysis Standards. as an ififi�afianal item, 'Ry: Pellowilig 14o pFesenWien of the MDP to the Plamieg Gemmissien, eapies of!he phffl, an ., nt' .,l item. The-rr,feli-- "'„> k4DP submitted t„the BE)afd e fc„i'a & r-eview stall not be substan fully ehanged ffeffl plans reviewed by the Planning Gemiiiissien, Changes may be made tha4 were discussed by the Planf�ng Commission. Othef stib4awial changes to the plan shall fequire th F. C. Site plans or final subdivision plats may be submitted concurrently with preliminary master development plans for review according to the procedures set forth in this chapter and Chapter 144, Subdivision of Land, of the County Code. Proposed Changes—Master Development Plans Draft May 25,2021;DRRC endorsed Jane 24,2021;revised July 14,2021 Master Development Plan Approval Process Preapplication Conference with Staff if required .•aMlicatio to Staff,including all agency approval Final .•approval for review. §165-801.07 Final master development plan. A. The final MDP shall conform to all requirements of the County Code. B. Applicants shall submit a minimum of five copies of the final MDP to the Department of Planning and Development.Final approval of the final MDP shall be given by the Director of Planning and Development and the County Administrator. C. The Director shall approve the final MDP if all requirements of the County Code and all review agencies have been met. and if a pFel_ ina ,_MER., presepAed tr the re ffl,....;,.sion D. A MDP shall not be considered final until it is signed by the Director of Planning and Development and the County Administrator. .f f COUNTY of FREDERICK Department of Planning and Development 4� 540/665-5651 Fax: 540/665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: M. Tyler Klein,AICP, Senior Planner SUBJECT: Public Hearing - Ordinance Amendment—Master Development Plans DATE: September 27, 2021 Ordinance Amendment Proposal: This is a proposal to amend Chapter 165 — Zoning Ordinance to remove the requirement that Master Development Plans (MDP) be presented to the Planning Commission (PC) and Board of Supervisors (BOS) at a public meeting as an information item prior to administrative approval. With this proposed amendment, when MDP's are administratively approvable (i.e., plans are in conformance with the Frederick County Zoning and Subdivision Ordinance, have been approved by all applicable agencies of the County, and approved by outside entities such as Frederick Water and/or VDOT),the MDF would proceed directly for signature(approval)by the Planning Director and County Administrator. Current Zoning Ordinance Standard: The Frederick County Zoning Ordinance (§165-801) states: a preliminary Master Development Plan (MDP) shall be submitted to the Director of Planning and Development and shall be presented to the Planning Commission and the Board of Supervisors as an informational item. Ultimately, the MDP must receive administrative approval from the Director of Planning and Development and the County Administrator prior to any subdivision or development of property. Background: MDP's are typically required after a rezoning is approved by the Board of Supervisors and before a site plan or subdivision design plan may be submitted for administrative review/approval by the Zoning Administrator. MDP's are conceptual in nature and depict the basic layout of a project, including roadways, access, buffers/screening, recreation amenities (if required), development phasing, and open space. The more specific details of the site, including lot layouts, the location of utilities, and grading, are handled at the site plan or subdivision design plan stage of development. The submission of MDP prior to development of a site has been a requirement since adoption of the 1973 Zoning Ordinance. Initially, MDP's were reviewed by the Planning Commission who forwarded a recommendation to the Board of Supervisors,who ultimately approved or denied the MDP, public notices such as adjoiner notifications were also provided. In 2013 the Zoning Ordinance was amended to eliminate the requirement to approve or deny a MDP and specified that these documents were to be presented to the Planning Commission and Board of Supervisors as OA—Master Development Plans—Public Hearing September 27,2021 Page 2 informational items only. The purpose of this 2013 amendment was to clarify that MDPs are documents that demonstrate compliance with County Ordinances and proffers and therefore should not be denied once approved by all reviewing departments and agencies. Adjoiner notifications were also eliminated from the process due to the misconception that these plans could be denied. Presenting MDPs as an informational item places the applicant's proposal in a holding pattern for 2-4 weeks until the MDP can proceed through both the Planning Commission and Board presentation/meeting requirements, adding time to the development process. Staff would note the Code of Virginia (§15.2-2204) does not specify that Iocalities must require MDPs prior to a site plan or subdivision design plan submission nor does the Code of Virginia require public notices for items such as MDPs. Public notices are only required for legislative actions such as rezoning applications, conditional use permit(CUP) applications, or amendments to the Code of Frederick County. Summary of DRRC, Planning Commission and Board of Supervisors Discussion: The Development Review and Regulations Committee (DRRC) discussed this item on June 24, 2021.The DRRC supported the amendment to remove the public meeting requirement for MDP's. The DRRC noted in their comments that in lieu of presentations to the Planning Commission and Board of Supervisors, Planning and Development staff should make projects easily accessible to the public for review through the website or other means and provide a report to the Planning Commission on pending or recently approved land use applications, including MDPs. The Planning Commission discussed this amendment at their meeting on July 21, 2021. The Planning Commission offered no comments and sent the item forward to the Board of Supervisors for discussion. The Board of Supervisors discussed this amendment at their meeting on August 11, 2021. The Board of Supervisors offered no comments and sent the item forward for public hearing. The Planning Commission held a public hearing on September 15,2021.No members of the public spoke on the proposed ordinance amendment. The Planning Commission unanimously recommended approval of the item. Conclusion and Reauested Action: To address concerns regarding the public availability of current projects and application materials, Planning and Development staff has launched a dedicated current projects page on the department website with information on current land use applications, including MDPs, which is easily accessible to the public. Additionally, staff will be providing a link to the new web page under the "Other" section of the Planning Commission agenda and are willing to do the same for Board of Supervisors agenda (if requested) which lists all current and recently approved applications, including those that are administratively reviewed/approved. The attached document shows the existing ordinance with the proposed changes supported by the DRRC and Planning Commission (with bold italic for text added). This item is presented for public hearing. Staff is seeping a decision by the Board of Supervisors on this proposed OA—Master Development Plans—Public Hearing September 27,2021 Page 3 ordinance amendment. MTK/pd Attachments: 1. Revised ordinance with additions shown in bold underlined italics.