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DRRC 10-24-13 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM To: Development Review and Regulations Committee tlu? From: Candice E. Perkins, AICP, Senior Planner Subject: October 24, 2013 Meeting and Agenda Date: October 16, 2013 The Frederick County Development Review and Regulations Committee (DRRC) will be meeting on Thursday, October 24, 2013 at 7:00 p.m. in the first floor conference room (purple room) of the County Administration Building, 107 North Kent Street, Winchester, Virginia. The DRRC will discuss the following agenda items: AGENDA 11 Master Development Plans. Discussion on potential revisions to the Master Development Plan requirements contained in the Zoning Ordinance pursuant to the Business Friendly Committee recommendations. Please contact this office if you will not be able to attend the meeting. Thank you. Access to this building is limited during the evening hours. Therefore, it will be necessary to enter the building through the rear door of the four-story wing. I would encourage committee members and interested citizens to park in the County parking lot located behind the new addition or in the joint Judicial Center parking lot and follow the sidewalk to the back door of the four-story wing. CEP/pd Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Item #1: Master Development Plans - Business Friendly Recommendations In October of 2012 the Board of Supervisors formed the Frederick County Business Climate Assessment Committee (also called the Business Friendly Committee) to evaluate the current processes and procedures being utilized by the County. The purpose of the effort was to search for ways that the County could better meet the needs of new and existing businesses in the community. The Committee's final report was adopted by the Board of Supervisors in July of 2013. One recommendation contained in the report was to eliminate the MDP requirement contained in the Zoning Ordinance. Staff has provided the sections in the Zoning Ordinance that pertain to MDP's along with the applicable excerpts from the Committee's report. Committee Recommendations: Review and Evaluation of the Master Development Plan Process The Land Use and Development Subcommittee recommended the elimination of the Master Development Plan process. They felt this process was already incorporated in other existing ordinances and results in a duplicative process. A re-evaluation of the current Master Development Plan process would be appropriate. This recommendation should be referred to the Planning Commission for initial evaluation by the Development Review and Regulations Committee and the entire Planning Commission. At the October meeting, Staff would like to discuss with the DRRC the current Ordinance and the recommendations from the Business Friendly Committee to look at potential elimination of the MDP requirement. Attachments: 1. Zoning Ordinance - MDP Requirements. 2. Business Friendly Initiatives. Frederick County, VA Frederick County, VA Wednesday, October 76, 2073 Chapter 165. ZONING ARTICLE VIII. Development Plans and Approvals Part 801. Master Development Plans § 165-801.01. Intent. The purpose of the master development plan (MDP) is to promote orderly and planned subdivision and development of property within Frederick County. It is the purpose of the MDP to ensure that such development occurs in a manner that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. The MDP shall be used to illustrate the characteristics of the property proposed for subdivision and/or development and of surrounding properties and ensure that the requirements of the County Code have been satisfied. § 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 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 in any of the following zoning districts: RP Residential Performance District R4 Residential Planned Community District RS Residential Recreational Community District MH1 Mobile Home Community District HE Higher Education District MS Medical Support District Bi Neighborhood Business District Bz General Business District B3 Industrial Transition District OM Office -Manufacturing Park District Mi Light Industrial District 10/16/2013 Frederick County, VA M2 Industrial General District EM Extractive Manufacturing District B. The MDP shall include the subject property proposed for subdivision or development as well as all contiguous land under single or common ownership in the above zoning districts. C. A MDP may be submitted with an application for a rezoning but shall not be considered binding until approval of a final MDP. § 165-801.03. 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: (i) Contains io 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. B. Mi, EM and M2 Districts. The Director of Planning and Development may waive the requirement of a MDP in the Mi (Light Industrial), the EM (Extractive Manufacturing), or the M2 (Industrial General) Zoning Districts if the proposed subdivision or development: (i) 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 developedin 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. C. Bi, B2, B3, MS and HE Districts. The Director of Planning and Development may waive the requirement of a master development plan in the Br (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 Bi District and less than to 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; 10/16/2013 Frederick County, VA (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. § 165-801.04. Preapplication conference. Prior to submission of a master development plan for review, the Department of Planning and Development staff may require or an applicant may request a preapplication conference. The purpose of the preapplication conference is to review and discuss the nature of the proposal in relation to the requirements of the County Code and to discuss the preparation of a master development pian. A. If required, at the preapplication conference the applicant shall provide a land use plan describing the following: (i) The general location of the site. (2) The general location of proposed roads. (3) The general location and types of proposed uses, environmental features on the site, housing types or open space. (4) The uses on adjoining properties. § 165-801.05. Contents of master development plans. A. The following items shall be required for MDPs in all zoning districts. All required items shall be shown clearly on the plan. All MDPs shall be prepared in accordance with the following specifications: (i) The scale shall be one inch equals loo feet or larger (the ratio of feet to inches shall be no more than ioo feet to one inch) or at a scale acceptable to the Director. The scale shall be sufficient so that all features are discernible. (2) No sheet shall exceed 42 inches in size unless approved by the Director of Planning and Development. If the MDP is prepared on more than one sheet, match lines shall clearly indicate where the sheets join. (3) All MDPs shall include a North arrow, a scale and a legend describing all symbols. (4) A boundary survey of the entire property related to true meridian and certified by a certified Virginia surveyor, architect or engineer, with all dimensions in feet and decimals of feet, is required for all MDPs. (5) The total area of the property shall be specified on the MDP. (6) The topography shall be shown at contour intervals acceptable to the Director. (7) The title of the proposed project; the date, month, year the plan was prepared or revised; the name of the applicant(s), owner(s) and contract owner(s); and the names of the individuals or firms preparing the plan shall be clearly specified. 10/16/2013 Frederick County, VA (8) A schedule of phases, with the approximate location of phase boundaries and the order in which the phases are to be developed, shall be provided. (9) The use of all adjoining properties shall be clearly designated on the MDP. (io) All existing, approved or planned public roads, streets or rights-of-way on the project or within 2,000 feet of the boundaries of the project. (1i) Any approved proffers associated with property. (12) The location and treatment proposed for all historical structures and sites recognized as significant by the Frederick County Board of Supervisors or as identified on the Virginia Historical Landmarks Commission Survey for Frederick County. (13) A history of all land divisions that have occurred in relation to the tract since the adoption of this requirement. (4) The approximate location of sewer and water mains with statements concerning the connection with and availability of existing facilities. (15) The ownership and use of all adjoining parcels, including parcels across rights-of-way. (16) Description of any changes made since approval of any prior MDPs. (17) An approval block and signature lines for the Director of Planning and Development. B. Contents of a master development plan in the RP (Residential Performance) District, the R4 (Residential Planned Community) District, the R5 (Residential Recreational Community) District and the MH1 (Mobile Home Community) District. The MDP shall contain a conceptual plan, showing the location and functional relationship between all proposed housing types and land uses, including the following information: (1) A land use plan, showing the location, arrangement and approximate boundaries of all proposed land uses. (2) The approximate acreage in common open space, in each use and housing type and in roads, streets or rights-of-way for each phase and the total development. (3) The location and approximate boundaries of proposed housing types conceptually shown in accord with residential performance dimensional requirements. (4) The proposed number of dwelling units of each type in each phase and in the total development. (5) The location and approximate boundaries of existing environmental features, including floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes and woodlands. (6) The location of environmental protection land to be included in common open space. (7) The approximate acreage of each type of environmental protection land, the amount and percentage of each type that is to be disturbed and the amount and percentage of each type to be placed in common open space. (8) The amount, approximate boundaries and location of common open space, with the percentage of the total acreage of the site to be placed in common open space. (9) The location and general configuration of recreational facilities, with a general statement of the types of recreational facilities to be provided. 10/16/2013 Frederick County, VA (o) The location and extent of proposed buffers, with statements, profiles, cross sections or examples clearly specifying the screening to be provided. (ii) The proposed location, arrangement, and right-of-way widths of roads and streets, including roads and streets providing access to adjoining parcels, shall be in accordance with § 165-202.04. (12) The location and arrangement of street entrances, driveways and parking areas. (13) A conceptual plan for stormwater management with the location of stormwater facilities designed to serve more than one lot. (14) Calculations describing all proposed bonus factors with the location of and specifications for bonus improvements, when proposed. C. Contents of a master development plan in the Mi (Light Industrial) District, the M2 (Industrial General) District, the EM (Extractive Manufacturing) District, the HE (Higher Education) District, the Bi (Neighborhood Business) District, the B2 (General Business) District, the B3 (Industrial Transition) District, the OM (Office -Manufacturing Park) District and the MS (Medical Support) District. The MDP shall contain a conceptual plan, showing the location and functional relationship between streets and land uses, including the following: (1) A conceptual plan, showing the location and arrangement of proposed uses. (2) The location and approximate boundaries of existing environmental features, including floodplains, lakes and ponds, wetlands, natural stormwater detention areas, steep slopes and woodlands, as defined, and the approximate acreage of each type of environmental feature, including the amount and percentage of each type that is to be disturbed and the amount and percentage of each type to be placed in open or landscaped areas. (3) The proposed location and arrangement of all proposed and existing utility systems. (4) The location and arrangement of existing and proposed public or private roads, existing or proposed entrances, and driveways from existing and proposed public or private streets. (5) A conceptual plan for stormwater management and description and the location of all stormwater facilities designed to serve more than one parcel. (6) The location and extent of proposed buffers required by this chapter, with statements, profiles, cross sections or examples clearly specifying the screening to be provided. § 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. 10/16/2013 Frederick County, VA C. When the submission is complete, the Director of Planning and Development shall submit the plans, application materials and review agency approval comments to the Planning Commission as an informational item. D. Following the informational presentation of the MDP to the Planning Commission, copies of the plan, application materials and agency comments shall be submitted to the Board of Supervisors as an informational item. E. The preliminary MDP submitted to the Board of Supervisors for review shall not be substantially changed from plans reviewed by the Planning Commission. Changes may be made that were discussed by the Planning Commission. Other substantial changes to the plan shall require that the Planning Commission review the plan as a new MDP. F. 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. Master Development Plan Approval Process Preapplication Conference with Staft if required or requested, Applicant submits completed MDP ,application I to Staff, including all agency approval ! comments, 1 MDP is presented to the Planning Commission 4 as an information item. All comments are forwarded to the Board of Supervisors, MBP is presented to the Board of Supervisors as an informational item - Fina I tim-Final MDP approval by Staff. Final subdivision or site plan can be submitted for review. § 165-801.07. Final master development plan. A. The final MDP shall conform to all requirements of the County Code. 10/16/2013 Frederick County, VA 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 preliminary MDP was presented to the Planning Commission and Board of Supervisors. D. A MDP shall not be considered final until it is signed by the Director of Planning and Development and the County Administrator. § 165-801.08. Changes to approved master development plans. Changes to an approved MDP shall occur only after review by the Planning Commission and the Board of Supervisors using the procedures required for the approval of a new plan. The Director of Planning and Development may approve minor changes without following the full procedures, if such approval does not violate the intent of this chapter and section. Such minor changes shall not include increases in the density or intensity of development, changes to entrance or street layout, changes to stormwater layout or other major design changes. § 165-801.09. Master development plan review fees. The Board of Supervisors may adopt a schedule of fees to be paid by the applicant to the County for the costs associated with the review of the MDP. Part 802. Site Plans § 165-802.01. Activities requiring site plans. [Amended 5-22-2002] A. In order to ensure that the requirements of this chapter have been met, a site plan shall be required to be submitted to the County for theJollowing uses: (1) Any use in the business or industrial zoning districts, the EM Extractive Manufacturing District, the MS Medical Support District, or the HE Higher Education District. (z) Any nonresidential use in which automobile parking space is to be used by more than one establishment. (3) Any of the following residential uses not required to submit a subdivision design plan for approval: [Amended 1-23-20131 (a) Multiplexes. (b) Townhouses; back-to-back townhouses. (c) Garden apartments. (d) Multifamily residential buildings. (e) Age -restricted multifamily housing. (f) Other allowed multifamily residential uses. 10/16/2013 The Committee recommends continuing process improvements for communicating with and educating current and potential local vendors. This could be accomplished by providing information packets to vendors at their time of issuance or renewal of their business license, web links with other County offices, and/or completion of website improvement efforts. 3. Streamlined and Uniform Processes for Doing Business with the County The Committee recommends development of uniform processes for doing business with the County and its related parties, to include Frederick County Public Schools. Currently procurement processes are different for many parts of the County. The streamlining and uniformity of these processes, where applicable, would facilitate the participation of local vendors in the procurement process. Land Use and Development Subcommittee 1. Elimination of the Master Development Plan Process The Committee recommends elimination of the Master Development Plan process because this process is incorporated in other existing ordinances and has resulted in a duplicative process. Should the Board wish to explore this recommendation further, a re-evaluation of the current Master Development Plan process would be appropriate. 2. Reduction in Proffer Requirements The mittee recommends a reduction in proffer requirements for future re ing applications, as well as ndments to existing proffers to create viable projects that deliver needed transportation im vements and other benefits. The economics of current proffer model or development impact m 1 do not allow for the construction. U n the committee's examination of the mode it w etermined that there are a n erous capital items contemplated and incorporated into the model, bu ose projects are n eing built in the current year. It is not anticipated these government capital 'ects will e built at any time in the near future, if at all. Further, the Proffer Model does not fully a t for business, personal property tax, and other revenue that is significant benefit to Fre ick ty in addition to property taxes. Should the Board wish to explore this ommendation further, a -evaluation of the current Development Impact Model taking ' to account current economic con ' ions would be appropriate. 3. Simplify the Lapd"scape Ordinance The Committee rPeommends a complete review and re-evaluation of the Frederick County Buffers and L dscaping Ordinance to provide a well defined purpose to allow for flexibility in project sit andscaping, tree preservation, and effective development buffers. Additional MEMORANDUM To: Members of the Business Climate Subcommittee From: Thomas Moore Lawson, Esquire Date: April 16, 2013 Re: Recommendations to the Board of Supervisors The following is what I believe is a summary of what we have discussed regarding recommendations for amendments and/or revisions to the existing Frederick County procedures and/or ordinances regarding the Master Development Plan ("MDP") process and Proffers. Master Development Plan: After analysis of the existing MDP ordinances and process, as well as receiving a briefing from Staff on the existing ordinances and as the history and reason behind the MDP ordinances, it is recommended that the Board of Supervisors direct Staff to amend the Frederick County ordinances pertaining to MDPs to eliminate the process from the ordinances for the reasons that the MDP process is incorporated in other existing ordinances and has resulted in a duplicative process. For example, it has been determined that the site plan process in Frederick County, to a much greater detail, incorporates all of the requirements of the MDP process and to require a property owner to submit to both is duplicative and certainly expensive. Likewise, it has been determined that in larger projects a Generalized Development Plan ("GAP") process has been developed to address and show the location of large transportation networks and other utilities that may be necessary to serve the site, as well as to tie into adjacent properties. To require a MDP process after the approval of a GDP is unnecessary for the reasons stated above. Finally, it was learned that the reason for the MDP process was historically to give notice to adjoining property owners of a pending or planned development. It was decided that in our modern age that purpose is no longer necessary. Certainly with all the notice requirements of rezonings it is apparent that information is available to all interested parties and an additional process (MDP process) is unnecessary to provide notice. Further, it was discussed that historically the MDP process was used to facilitate the connection of major road networks and utilities for two projects that may be developed adjacent to each other, but for which there has been no coordination.. It was pointed out that with current Staff and capabilities within Frederick County's Planning and other Departments such a coordination of roads and other utilities is being accomplished and required, where necessary, as part of the development process. To require a land owner to submit to a MDP process is wholly unnecessary.