December 7, 2006
ORDINANCE NO. ____________
AN ORDINANCE AMENDING SECTION 28.7 OF THE ZONING ORDINANCE
(APPENDIX D OF THE CODE OF THE CITY OF FRANKLIN, VIRGINIA),
RELATING TO PROFFERS
BE IT ORDAINED BY THE CITY OF FRANKLIN, VIRGINIA AS FOLLOWS:
Article XXVIII of the Zoning Ordinance (Article XXVIII of Appendix D of the Code of
the City of Franklin, Virginia) is amended by changing Section 28.7to read as follows:
Sec. 28.7 Conditional zoning.
(a) Conditional zoning authorized. Whenever it appears that the zoning methods and
procedures provided for elsewhere in this ordinance may prove to be inadequate in regard to
a particular zoning reclassification, and when a more flexible and adoptable zoning method
is deemed necessary, amendments to this ordinance may be allowed subject to certain
conditions proffered by the zoning applicant for the protection of the city that are not
generally applicable to land similarly zoned.
(b) Proffer of conditions. Proposed rezonings may include the voluntary proffering in writing
by the property owner (or the applicant if different from the property owner) of
reasonable conditions to attach to the rezoning of his property in addition to the regulations
already provided for in the applicable zoning district, provided that:
(1) The rezoning itself must give rise to the need for the conditions.
(2) Such conditions shall have a reasonable relation to the rezoning.
(3) Such conditions shall not include a cash contribution to the city.
(4) Such conditions shall not include mandatory dedication of real or personal
property for open space, parks, schools, fire departments or other public facilities
not otherwise provided for by the subdivision ordinance of this city (Appendix C).
(5) Such conditions shall not include payment for or construction of off-site
improvements not otherwise provided for by the subdivision ordinance of this
city.
(5) Reasonable conditions may include the payment of cash for any off-site
road improvement or any off-site transportation improvement that is adopted
as an amendment to the required comprehensive plan and incorporated into
the capital improvements program.
(6) No condition shall be proffered that is not related to the physical
development or physical operation of the property.
(7) All such conditions shall be in conformity with the comprehensive plan of the
city.
(8) Once proffered and accepted as part of an amendment to the zoning ordinance,
such conditions shall continue in full force and effect until a subsequent amendment
changes the zoning on the property covered by the conditions; provided, however,
that such conditions shall continue if the subsequent amendment is part of a
comprehensive implementation of a new or substantially revised zoning ordinance.
(c) Time of proffer. All written proffers shall be filed with the application for rezoning. City
Council may accept amended proffers once a public hearing has begun if the
amended proffers do not materially affect the overall proposal.
(d) Enforcement, guarantees and administration of conditions.
(1) The zoning administrator shall administer and enforce conditions attached to a
rezoning including:
a. The ordering in writing of the remedy of any noncompliance with such
conditions;
b. The referral of any noncompliance to the city attorney with a request for
appropriate legal action to ensure compliance with such conditions including
injunction, abatement or other appropriate action or proceedings; and
c. Requiring a guarantee, satisfactory to the city council, in an amount
sufficient for and conditional upon the construction of any physical
improvements required by the conditions, or a contract for the construction
of such improvements and the contractor's guarantee in like amount so
conditioned, which guarantee shall be reduced or released by the city council,
or agent thereof, upon the submission of satisfactory evidence that
construction of such improvements has been completed in whole or in part.
(2) Failure to meet any and all conditions imposed as a condition of rezoning shall
constitute cause to deny the issuance of any of the required use, occupancy or
building permits, as may be appropriate.
(3) Any zoning applicant who is aggrieved by a decision of the zoning administrator
pursuant to the provisions of paragraph (a) of this subsection may petition the board
of zoning appeals for a review of the decision of the zoning administrator.
(e) Records. The zoning map shall show by an appropriate symbol on the map the existence
of conditions attaching to the zoning on the map. The zoning administrator shall keep in his
office and make available for public inspection a conditional zoning index. The index shall
provide ready access to the ordinance creating conditions in addition to the regulations
provided for in a particular zoning district.
(f) Substantial conformity. Upon approval of an application and proffered conditions, any site
plan, subdivision plat or development plan thereafter submitted for the development of the
property in question shall be in substantial conformity with all proffered statements, plans,
profiles, elevations or other demonstrative materials and no development shall be approved
by any city official in the absence of such substantial conformity. For the purpose of this
subsection "substantial conformity" means that level of conformity which leaves a
reasonable margin for adjustment due to final engineering data but which conforms with the
general nature of the development, the specific uses and the general layout depicted by the
plans, profiles, elevations and other demonstrative materials presented by the applicant.
(g) Amendments and variations of conditions. There shall be no amendment or variation of
conditions created pursuant to the provisions of subsection 28.7(b) until after public
hearings before the planning commission and city council advertised pursuant to the
provisions of Code of Virginia, § 15.2-2204.
(h) Relation of section to other laws. The provisions contained in this section shall be
considered separate from, supplemental to and additional to the provisions contained
elsewhere in this Code or other city ordinances. Nothing contained in this section shall be
construed as excusing compliance with all other applicable provisions of this Code or other
city ordinance.
Certified copy of a resolution adopted by the City of Franklin Planning Commission at its
meeting held on December 7, 2006.
______________________________
Secretary to City of Franklin
Planning Commission
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLANNING - BUILDING INSPECTIONS - ZONING
Interoffice Memo
To:
City of Franklin Planning Commission
From: Amanda N. Crocker
City Planner
CC:
Mr. Donald E. Goodwin, CBO, Director of Community Development
Date: November 9, 2006
REFERECENCE: Cash Proffers
Background
The Planning Commission has received a resolution from City Council initiating an
amendment to the Zoning Ordinance relating to proffers, in order to allow cash proffers to
be accepted and to bring the proffer provisions of the Zoning Ordinance into conformity
with Section 15.2-2298 of the Code of Virginia.
Section 28.7(b)(3) of the City of Franklin Zoning Ordinance currently prohibits cash
contributions to the City as a result of a rezoning request. Section 15.2-2298 of the Code of
Virginia allows all localities with a population growth of 5% or more from the next to latest
to latest decennial census year, based on the population reported by the United States
Bureau of the Census and any city adjoining such city or county to accept cash proffers if
offered by a developer in association with a rezoning application.
The recommended changes to Section 28.7 of the Zoning Ordinance and Section 15.2-2298
of the Code of Virginia are attached for your review. All suggested changes simply make
our ordinance consistent with the State Code of Virginia.
Section 28.7(b). Amended so that only the property owner may proffer.
Section 28.7(b)3 , prohibiting cash proffers, repealed.
Section 28.7(b)5. Amended to permit cash proffers for off-site road or transportation
improvements if shown in the comprehensive plan and capital improvements program.
Section 28.7(b)6, requiring proffers to be related to the physical development or operation of
the subject property, repealed.
Section 28.7(c). Amended to allow amended proffers to be submitted to City Council once a
public hearing begins as long as the amended proffers do not materially affect the overall
proposal.
Attached is a copy of the initiating resolution from City Council, Section 15.2-2298 of the
Virginia Code and the proposed changes to the City of Franklin Zoning Ordinance.
Staff Recommendation
Adopt the changes to the City of Franklin Zoning Ordinance as proposed.
RESOLUTION NO: _____
A RESOLUTION INITIATING AN AMENDMENT
TO THE ZONING ORDINANCE RELATING TO PROFFERS
WHEREAS, the City Council finds that the public necessity, convenience,
general welfare and good zoning practice require that the text of the Zoning Ordinance be
amended to allow cash proffers to be accepted pursuant to Section 15.2-2298 of the Code
of Virginia and to bring the proffer provisions of the Zoning Ordinance into conformance
with Section 15.2-2298; and.
WHEREAS, the City Council wishes to refer these proposed amendments to the City of
Franklin Planning Commission for public hearing and recommendation;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
initiate an amendment to the text of the Zoning Ordinance to allow cash proffers to be
accepted pursuant to Section 15.2-2298 of the Code of Virginia and to bring the proffer
provisions of the Zoning Ordinance into conformance with Section 15.2-2298, and does
hereby refer these proposed amendments to the text of the Zoning Ordinance to the
Planning Commission for a public hearing and recommendation.
Certified copy of a resolution adopted by the City Council at its regular meeting held on
__________ ___, 2006.
___________________________________
Clerk to City Council
December 7, 2006
ORDINANCE NO. ____________
AN ORDINANCE TO ADOPT CONSTRUCTION STANDARDS
BE IT ORDAINED BY THE CITY OF FRANKLIN, VIRGINIA AS FOLLOWS:
The City of Franklin hereby adopts City of Franklin Construction Specifications and Standards
dated August 12, 2006. Specifications and Standards include water, sewer, storm drain, and
streets. These specifications and standards shall be maintained and updated by the City
Manager or his designee as needed to stay current with technology, regulations, and other
changes as required by the City of Franklin.
Certified copy of a resolution adopted by the City of Franklin Planning Commission at its
meeting held on December 7, 2006.
______________________________
Secretary to City of Franklin
Planning Commission
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLANNING - BUILDING INSPECTIONS - ZONING
Interoffice Memo
To:
City of Franklin Planning Commission
From: Amanda N. Crocker
City Planner
CC:
Mr. Donald E. Goodwin, CBO, Director of Community Development
Date: November 9, 2006
REFERECENCE: City of Franklin Construction Specifications and Standards and
Subdivision Ordinance Amendments
Background
Currently the City of Franklin has no written Construction Specifications and Standards to
provide guidance to those wishing to develop within the City.
The City of Franklin will be establishing, “The City of Franklin Construction Specifications
and Standards” which is a set of written construction standards and specifications to include
Public Drainage Facilities, Public Street Facilities, Public Water Facilities, and Public Sanitary
Sewerage Facilities. Specific water standards now approved by the Virginia Department of
Health are included. Specific sewer standards consistent with the Department of
Environmental Quality are included. Street and storm drain standards that can be modified
as the Virginia Department of Transportation standards change are also incorporated into
these standards.
The Virginia Department of Transportation Standards are included and referenced within
the Construction Standards. The only deviation from the Virginia Department of
Transportation Standards is the minimum pavement design. VDOT pavement designs are
based on the results of soil borings. The City of Franklin pavement designs will be based on
soil borings as well; however, the minimum pavement design will be 6 inches of crush and
run, 3 inches of base asphalt, and 2 inches of top asphalt. This minimum requirement is
based on the soil types within the City of Franklin.
David Reaves of Prism Contractors and Engineers, Inc will be giving a power point
presentation outlining the construction standards, and the proposed changes to the
Subdivision Ordinance.
Amendments to the Subdivision Ordinance
Appendix C, Article III, Section 3-5: Fees for Plan Review and Inspection
If it is determined by the Director of Public Works that a review by the City’s consulting
engineering firm, [or any other expert or other consultant] is necessary to ensure that the
subdivision plan or construction plans are in compliance with the City’s Zoning and
Subdivision Ordinances, the City’s Construction Specifications and Standards and other
State and Federal laws, then the applicant submitting said plans shall be required to pay the
fees and costs incurred for such review.
This addition to the Subdivision Ordinance is a cost savings to the City of Franklin,
and will shift the burden of development costs back to the applicant.
Inspection fees for subdivision inspections and all off-site work shall be paid to the City by
the applicant at an hourly rate of $35.00 for inspections completed by city forces. If, it is
determined by the Director of Public Works that an inspection by the City’s consulting
engineering firm [or any other expert or other consultant,] is necessary to ensure that the
construction is in compliance with the approved construction plans, then the applicant shall
be required to pay the fees and costs incurred for such inspection.
Currently no fee is charged for inspections of subdivisions and off-site work. This
change will again be a cost savings to the City of Franklin.
Appendix C, Article VI, Physical Improvements
Section 6-2 (2), relating to street improvements, will now reference City of Franklin
Construction Specifications and Standards in lieu of the Virginia Department of
Transportation Urban Standards.
Section 6-2 (3), relating to curb and gutter, will now reference City of Franklin Construction
Specifications and Standards in lieu of the Virginia Department of Transportation Urban
Standards. The Planning Commission may waive the requirement of curb and gutter on
both sides of the street if in accordance with good engineering practices and approval from
the City Manage or his designee is obtained.
Currently the planning commission may consult with the city engineer when a
waiver of curb and gutter is requested.
Section 6-2 (4), relating to sidewalks, will now state that sidewalks shall be constructed in
accordance with City of Franklin Construction Specifications and Standards on both sides of
the new streets in subdivisions.
Currently sidewalks may be constructed on one or both sides of new streets in a
subdivision. Currently the planning commission may consult with the city engineer
and the city planner with respect to the advisability of requiring sidewalks in the
subdivision.
Section 6-2 (5), relating to storm sewers, drains, culverts, ditches, catch basins or any other
facilities for proper drainage of surface waters, will now reference the City of Franklin
Construction Standards and Specification, and changes the reference to city engineer to the
Director of Public Works.
The City of Franklin Construction Specifications and Standards provide standards that
reflect the Hampton Roads Regional Standards, the Virginia Department of Transportation
Standards, and the City of Franklin Standards. These standards will cover the cost of new
development, and ensure quality control.
These standards will assist developers in
preparing development plans and will also eventually standardize infrastructure design
resulting in lower maintenance costs for the City of Franklin.
Staff Recommendation
Staff’s recommendation is to adopt the City of Franklin Construction Specifications and
Standards as proposed, and to also incorporate the proposed changes to the Subdivision
Ordinance.
December 7, 2006
ORDINANCE NO. ____________
AN ORDINANCE AMENDING SECTION 3.5 and 6.2 OF THE SUBDIVISION
ORDINANCE (APPENDIX C OF THE CODE OF THE CITY OF FRANKLIN,
VIRGINIA), RELATING TO PROFFERS
BE IT ORDAINED BY THE CITY OF FRANKLIN, VIRGINIA PLANNING
COMMISSION AS FOLLOWS:
Article III and Article VI of the Subdivision Ordinance (Article III and VI of Appendix C of
the Code of the City of Franklin, Virginia) is amended by adding Section 3-5 and amending
Section 6-2 to read as follows:
Section 3-5 Fees for Plan Review and Inspection
(1) If, in the discretion of the Director of Public Works, it is determined that a review by
the City’s consulting engineering firm, or any other expert or other consultant is prudent and
necessary to ensure that the subdivision plan is in compliance with the City’s Zoning and
Subdivision Ordinances, the City’s development and construction standards, and other State
and Federal laws, then the applicant submitting said subdivision plan shall be required to pay
the fees and costs incurred for such review.
(2) Inspection fees for subdivision inspections and all off-site appurtenances shall be paid to
the City by the owner of the property at an hourly rate of $35.00 for inspections completed
by city forces. If, in the discretion of the Director of Public Works, it is determined that an
inspection by the City’s consulting engineering firm, or any other expert or other consultant
is prudent and necessary to ensure that the construction is in compliance with the approved
construction plans, then the developer shall be required to pay the fees and costs incurred
for such inspection.
Sec. 6-2. What improvements required.
Required improvements for major subdivisions shall include the following:
(1) Iron rods not less than one-half inch in diameter and twenty four inches long shall be
set flush with the finished grade at the following locations in the subdivision: at all corner
and angle points in the exterior boundaries of the subdivision, at all corner and angle points
of lot lines, at all points of angle and curvature in the right-of-way lines of all streets in the
subdivision and at all tangent points of street intersections.
(2) Street improvements shall be made in accordance with Virginia Department of
Transportation Urban Standards City of Franklin Construction Specifications and
Standards.
(3) Curb and gutter on both sides of each street in accordance with Virginia Department
of Transportation Urban Standards City of Franklin Construction Specifications and
Standards. The planning commission may waive this requirement if a waiver accords with
good engineering practices. The planning commission may consult with the city
engineer when a waiver is requested. The planning commission may waive this
requirement if a waiver accords with good engineering practices and approval from
the City Manager or his designee is obtained.
(4) The planning commission may require that sidewalks be constructed in
accordance with Virginia Department of Transportation Urban Standards on one or
both sides of new streets in the subdivision. In addition, all sidewalks constructed
shall be handicap accessible with ramps of exposed aggregate in accordance with
ADA standards. The planning commission may consult with the city engineer and
the city planner with respect to the advisability of requiring sidewalks in the
subdivision.
Sidewalks shall be constructed in accordance with City of Franklin Construction
Specifications and Standards on both sides of new streets in subdivisions. In
addition, all sidewalks construction shall be handicap accessible in accordance with
current ADA standards.
(5) Storm sewers, drains, culverts, ditches, catch basins or any other facilities for the proper
drainage and disposal of surface waters from or across all streets and adjoining properties, as
approved by the city engineer Director of Public Works in accordance with the
stormwater management ordinance and City of Franklin Construction Specifications
and Standards. The city engineer Director of Public Works must approve the size and
grade of all drainage culverts.
(6) Street signs, of an approved design, at all street intersections.
(7) Public water supply and distribution facilities, including fire hydrants in accordance with
city design standards and specifications.
(8) Public sewers and sewage disposal facilities in accordance with city design standards and
specifications.
(9) Street lights in accordance with city specifications as to type design, installation and
number. The subdivider of a subdivision containing four or more lots shall pay for the
installation of street lights required as a result of the subdivision. In addition, the subdivider
shall pay to the city a sum based on current monthly charge per light established by the city
or the utility company, times the number of lights times 24 to cover two years electric service
for the street lights. This sum shall be payable in cash or by certified check to the city prior
to the lights being connected for service by the city or the utility company.
(10) Except as provided below, transmission, distribution and customer service utility
facilities carrying or used in connection with electric power, street lights, telephone,
telegraph, cable television, petroleum, gas or steam, water and sewer shall be placed below
the surface of the ground in all subdivisions, except that subdivisions not requiring public
extensions of electrical utilities are not required to install these extensions below the surface
of the ground. All installations shall be in accord with applicable codes. Exceptions are as
follows:
a. Equipment such as electric distribution transformers, switch gear, meter pedestals,
telephone pedestals, meters, service connections, bulk feeder and accepted utility practices
for underground distribution;
b. Temporary overhead facilities required for construction purposes;
c. High tension transmission lines, 33,000 volts or more; and
d. Repair or replacement of existing overhead facilities.
All remnants of lots below minimum size left over after subdivision of a tract shall be added
to adjacent lots or otherwise disposed of rather than allowed to remain as unusable parcels.
(Ord. of 9-9-2002)
Certified copy of a resolution adopted by the City of Franklin Planning Commission at its
meeting held on December 7, 2006.
______________________________
Secretary to City of Franklin
Planning Commission