Amendments to the Subdivision and Zoning Ordinances Regarding Open Space Land in Cluster Subdivisions

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1 Board of Supervisors Gary F. Snellings, Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Paul V. Milde, III Cord A. Sterling Robert Bob Thomas, Jr. 10 May 13, 2015 Anthony J. Romanello, ICMA CM County Administrator MEMORANDUM TO: FROM: Stafford County Planning Commission J SUBJECT: Amendments to the Subdivision and Zoning Ordinances Regarding Open Space Land in Cluster Subdivisions The Planning Commission is to consider Proposed Ordinance O15-20 (Attachment 1) to amend the Stafford County Code Sec , Lots for required buffers; Sec , Open space land regulations; Sec , Review and approval of cluster subdivision plans; and Sec , Required buffers regarding open space land in cluster subdivisions for review and recommendations. This item was referred to the Planning Commission on April 21, 2015 by the Board of Supervisors approval of Resolution R (Attachment 2). The regulations for a cluster-designed subdivision require that a percentage of land within the subdivision be designated as open space. Open space is land that is provided or preserved for park or recreational purposes; conservation of land or other natural resources; historic or scenic purposes; assisting in the shaping of the character, direction, and aiming of community development; wetlands; or agricultural and forestal production. During the 2015 General Assembly session, Senator Richard Stuart presented to the Cities, Counties, and Towns Committee an amendment that would allow a locality to further regulate the open space land in a cluster subdivision. The Committee concluded that the provisions to accomplish such measures already existed in the Code. Therefore, the Board wishes to further clarify the use of the open space land in a cluster subdivision by requiring the review of the designated use for compliance with applicable industry and County standards for minimum area, configuration, functionality, and other necessities for such use, and to insure it furthers the goals, objectives, and policies of the Comprehensive Plan. This will further the intent of the legislation to combine residential development and open space land in a viable and compatible manner. At the April 8, 2015 meeting, the Planning Commission recommended proposed language (Attachment 3) be added to the Comprehensive Plan that recommends certain conditions for open space land as part of a cluster designed subdivision with increased density. Staff believes that this proposed ordinance will complement that language and provide similar parameters for open space in a cluster designed subdivision that does not include an increase in density Courthouse Road, P. O. Box 339, Stafford, VA Phone: (540) Fax: (540)

2 Memorandum to: Stafford County Planning Commission May 13, 2015 Page 2 of 2 Staff recommends the Planning Commission vote to authorize a public hearing on proposed Ordinance O The Planning Commission must act on this matter by July 21, JAH:sb Attachments (3)

3 O15-20 Attachment 1 Page 1 of 3 PROPOSED BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA ORDINANCE At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the day of, 2015: MEMBERS: VOTE: Gary F. Snellings, Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Paul V. Milde, III Cord A. Sterling Robert Bob Thomas, Jr On motion of, seconded by, which carried by a vote of, the following was adopted: AN ORDINANCE TO AMEND AND REORDAIN STAFFORD COUNTY CODE SEC , LOTS FOR REQUIRED BUFFERS; SEC , OPEN SPACE LAND REGULATIONS; SEC , REVIEW AND APPROVAL OF CLUSTER SUBDIVISION PLANS; AND SEC , REQUIRED BUFFERS WHEREAS, the Board desires to amend the County Code to clarify the use of open space land in cluster subdivisions; and WHEREAS, the use of open space land in cluster subdivisions should be in accordance with its designated use; and WHEREAS, the use of open space land in cluster subdivisions should be in compliance with the applicable industry and County standards for such use; and WHEREAS, open space land in cluster subdivisions should not be utilized to meet buffering requirements; and WHEREAS, the use of open space land in cluster subdivisions should further the goals, policies, and objectives of the Comprehensive Plan; and WHEREAS, the Board carefully considered the recommendations of staff, and the public testimony, if any, at the public hearing; and

4 O15-20 Page 2 WHEREAS, the Board finds that the adoption of the proposed amendments will guide and accomplish coordinated, adjusted, and harmonious development in Stafford County, which will, in accordance with the present and probable future needs and resources of the County, best promote the health, safety, and general welfare of the County and its citizens; and WHEREAS, the Board finds that the proposed amendments are consistent with good planning practices and will ensure the orderly division of land in the County; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the day of, 2015, that Stafford County Code, Sec , Lots for required buffers; Sec , Open space land regulations; Sec , Review and approval of cluster subdivision plans; and Sec , Required buffers be and they hereby are amended and reordained as follows, all other portions remain unchanged: Sec Lots for required buffers. (a) All required, transitional or street buffers in accordance with section 100 of the DCSL located in residential subdivisions shall be located on parcels conveyed to and maintained by a homeowner association, with the exclusion of the A-1, Agricultural and A-2, Rural residential zoning districts. Required open space land for cluster subdivisions are exempt from the requirement. (b) Open space parcels for the required buffers shall be exempt for from the provisions of section of this chapter and Table 3.1 of the zoning ordinance. If the open space parcel does not have frontage on a public street then some form of access shall be provided, even by an easement that is to be under the control of the HOA. Required open space land for cluster subdivisions are exempt from the requirement. Sec Open Space land regulations. The open space land requirements for cluster subdivisions are stated in the zoning ordinance within the allowed districts. The open space land in a cluster subdivision shall be used as defined in the definition of open space land and owned and maintained by a home owners association, a conservation association, an individual or any entity that can comply with the regulations of this chapter and chapter 28 of the Stafford County Code. The percentage of land required as open space for a cluster subdivision is stated in the zoning ordinance County Code, Chapter 28, within the districts in which cluster subdivisions are permitted. The required open space land shall be used as defined in the definitions and owned and maintained by a home owners association, a conservation association, an individual or any entity that can comply with the regulations of this chapter and chapter 28 of the County Code. The required open space land for a cluster subdivision shall not be used to satisfy any buffer requirements. Attachment 1 Page 2 of 3

5 O15-20 Page 3 All cluster subdivision plans shall be reviewed by the subdivision agent or his designee for compliance with the provisions of this chapter and chapter 28 of the County Code. This shall include review of the open space land and its designated use for compliance with applicable industry and county standards for minimum area, configuration, functionality, and other requirements for such use and to ensure it furthers the goals, policies and objectives of the Comprehensive Plan Sec Review and approval of cluster subdivision plans. (4) Final plats: The requirement for the submission of final plats shall be the same as in article III of Chapter 22 of the County Code. On a cluster subdivision plat, the required open space land shall be clearly marked, the use stated, and the party responsible for owning and maintaining the open space be provided. Sec Required buffers. General. Except within the boundaries of a public airport, no structure or land which abuts a boundary between two (2) land uses, fronts on a major thoroughfare or which is subject to special buffer requirements as specified in section 100 of the DCSL, shall hereafter be developed, used or occupied unless a buffer yard is provided in accordance with section 100 of the DCSL. All buffers shall meet the requirements illustrated in section 100 of the DCSL. Required open space land for cluster subdivisions shall not be used to satisfy any buffer requirements. ; and BE IT FURTHER ORDAINED that this Ordinance shall become effective upon adoption. Attachment 1 Page 3 of 3 AJR:JAH:swb

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8 Attachment 3 Page 1 of 1 The language proposed to be included within the Goals, Objectives and Policies of the Comprehensive Plan, Policy , under Goal 1. Manage growth and development in a sustainable manner, Objective 1.2. Direct growth into the Urban Services Area, is as follows: Policy Clusters subdivisions with increased density should meet the following criteria: Cleared natural resource area should be restored through the provision of increased landscaping in open space, buffer areas and on residential lots. Viable areas of existing agricultural uses and natural resources should be avoided when possible as part of the development design. Subdivisions should be located in areas of the County where public facilities (including schools, transportation, parks and recreation, water/sewer, emergency services) have planned capacity to absorb the demand of the additional density. Where existing public facilities are inadequate, impacts of the development should be mitigated. Environmentally sensitive areas should be preserved within open space areas, including wetlands, floodplain, alluvial soils, slopes greater than 25%, designated trees and significant tree stands. Open space areas should be a continuous land mass that is not fragmented by the development of the subdivision and shall be of sufficient size and shape to support its intended use. The proposal should be consistent with airport land use compatibility standards, if the subdivision will be located within the Airport Impact Overlay District, including: a. the provision of a minimum area of usable open space; b. clustering dwelling units away from aircraft traffic patterns; c. locating dwelling units at least 3,000 feet from the runway centerline; d. noise mitigation measures in building standards; and e. disclosure notices where applicable. The proposal should be consistent with military facility land use compatibility standards that are in accordance with Chapter 3.4, and provide for real estate disclosure notices, noise mitigation measures in building standards and other sound attenuation measures where applicable, if the subdivision will be located within Quantico Noise and Range Compatibility Zones. The minimum side yard setback for each residential lot should be ten (10) feet.