A.
Cluster development procedures are intended to permit residential
development with better designs than could be provided under regulations
applicable to conventional subdivisions. Cluster development approvals
allow variations in the base zone regulations but are not intended
as and do not constitute rezonings.
[Amended 3-1-1999 by Ord. No. 99-16]
B.
In cluster developments, the density may be distributed nonuniformly,
with variations in bulk and dimensional requirements. Cluster developments
allow variation in lot sizes if open space is provided.
[Amended 3-1-1999 by Ord. No. 99-16]
C.
Cluster developments shall satisfy the following objectives:
(1)
Preserve the County's rural character by conserving natural
or cultivated open space, including but not limited to farmlands,
woodlands, meadowlands, wetlands, steep slope areas, stream valleys
and wildlife habitat areas.
(2)
Protect the natural environment in the County by preserving
substantial open space areas for the enhancement and preservation
of environmentally sensitive lands and significant environmental features.
(3)
Provide recreational opportunities to County and cluster development
residents by making available open space and facilities for active
and passive recreation.
(4)
Provide well-defined streetscapes and neighborhood parks within
cluster developments and preserve trees and forested areas in and
adjacent to cluster developments.
(5)
Provide for more efficient and economical subdivision streets,
lots and utility layouts and reduce infrastructure and utility costs.
(6)
Allow for a greater variety of residential housing types in
the County.
(7)
Enhance neighborhood security without compromising privacy by
increasing the density of housing within neighborhoods on cluster
tracts.
(8)
Encourage pedestrian and bicycle circulation, rather than automobile
circulation, by providing well-designed sidewalks and hiker-biker
paths between cluster neighborhoods and related community areas.
(9)
Further the goals, objectives and strategies of the Charles
County Comprehensive Plan.
A.
Cluster developments shall be permitted in the AC, RC, RR, RV, RL,
RM and RH Zones consistent with the requirements of this article.
B.
A cluster development shall meet the following requirements for recreational
facilities:
(1)
A cluster development shall include open space, passive recreational
areas and active recreational facilities. See Figures XIV-1 and XIV-3
for minimum standards.[1] Cluster developments shall include one or more active recreational facilities, consistent with the requirements of Figure XIV-3, as a central feature of the project design.
[Amended 3-1-1999 by Ord. No. 99-16]
[1]
Editor's Note: Said figures are included as attachments to this chapter.
(2)
Active recreational facilities, whether intended for cluster
development residents or the general public, shall be designed and
located so as to be easily accessible and highly visible from public
rights-of-way. All recreational facilities, whether active or passive,
shall be integrated fully with the layout of the units in the cluster
development so that all cluster development residents have ready access
to and use of all such facilities.
(3)
Active recreational facilities, which are to provide recreational
or community group opportunities for cluster development residents,
may include but are not limited to the following: sports facilities,
playgrounds, equestrian centers, country clubs, health clubs, marinas,
golf courses, amphitheaters, community arts centers, community meeting
centers and community day-care centers.
(4)
Passive recreational areas, which promote environmental preservation
and enhancement, may include but are not limited to the following:
nature parks, nature preserves, nature trails, wildlife habitat areas,
equestrian trails and hiking trails.
(5)
Where a recreational facility constitutes or includes a use
required in this chapter to be approved by special exception, the
applicant shall obtain a special exception for that use from the Board
of Appeals.
Residential dwelling types are permitted as shown in the Table of Permissible Uses.[1] Dwelling types shown as PC in the Table of Permissible Uses shall be permitted subject to the requirements in Figures XIV-1 and XIV-2 and other sections of this article.
[1]
Editor's Note: The Table of Permissible Uses is included as an attachment to this chapter.
[Amended 8-22-1994 by Ord. No. 94-80; 3-1-1999 by Ord. No. 99-16]
A.
Dwellings near the periphery of the project shall provide adequate
transition in density and type from neighboring areas or shall provide
a buffer meeting the standards of Subsection C(2) below.
B.
A buffer yard shall be landscaped to screen incompatible uses in
accordance with one of the following:
(1)
A planting strip of at least 15 feet wide at or near the property
line which shall include two canopy trees, four understory trees of
mixed plant material (deciduous and evergreen) and 10 shrubs per 100
linear feet of buffer;
(2)
Landscaped, rolling, earth berm of at least four feet in height;
or
(3)
A solid fence or wall of a minimum of five feet in height without
advertising when designed with durable materials, texture and colors
compatible with adjacent residential development.
C.
All lots shall be configured as to be contained completely outside
all wetlands, floodplains, required wetland buffers and the resource
protection zone, with the following exception:
(1)
Lots on cluster subdivisions in the AC and RC Zones may contain
the resource protection zone if the lots can meet all minimum yard
requirements outside the resource protection zone.
D.
The Planning Commission may require buffering and screening in excess
of these minimum standards when adjacent uses are commercial or industrial.
A.
The amount of open space for a cluster development shall be in an amount in accordance with Figure XIV-1.[1]
[Amended 3-1-1999 by Ord. No. 99-16]
[1]
Editor's Note: Figure XIV-1 is included as an attachment to this chapter.
B.
Clustering requirements.
(1)
Cluster open space shall be in areas usable for recreational or community purposes, including passive recreational purposes. It may also include permitted agricultural uses, as described below in Subsection B(5).
(2)
Lands set aside for public rights-of-way and tidal wetlands
may not be designated as required open space.
(3)
Up to 50% of the required cluster open space may be designated
on floodplains, nontidal water bodies or nontidal wetlands if the
cluster open space includes a hiker/equestrian trail system or other
passive recreational area approved by the Planning Commission.
(4)
Floodplains or wetland areas which have been filled may not
be designated as required cluster open space.
(5)
Cluster open space may include permitted agricultural uses.
Use of agricultural lands to meet open space requirements shall be
encouraged when the site contains few significant natural features.
Where the minimum residential lot size in the development is 40,000
square feet or greater, the required open space may be retained in
agricultural use. The open space in agricultural use may be divided
into parcels of 25 acres or more with one dwelling unit located on
each parcel. Dwellings so located within required open space will
count in calculating the overall density of the cluster subdivision.
C.
Public open space. Cluster open space shall be made available for the benefit of all County residents and dedicated to the state or County, unless the Planning Commission, after referral to the appropriate state or County agency, finds that the size, location or type of development, the cost of development or maintenance of such cluster open space or the availability of other public open space would make use by all County residents of the cluster open space undesirable or unnecessary. All areas which are indicated for acquisition in the County Recreation and Open Space Plan or an equivalent state-approved plan shall be required by the Planning Commission to be dedicated. If the Planning Commission finds that the cluster open space is not suitable for dedication based on the above standards, it shall be managed through the premises applicable to private open space in Subsection D below.
D.
Private open space. Private cluster open space shall be protected
by legal arrangements satisfactory to the Planning Commission or its
designee to assure the maintenance and preservation of open space
for its intended purposes. Covenants or other legal arrangements shall
specify ownership of the cluster open space, the method of maintenance,
maintenance fee and insurance arrangements and compulsory membership
and compulsory assessment requirements. Such legal arrangements shall
guarantee that any association formed to own and maintain cluster
open space shall not be dissolved without the consent of the Planning
Commission. The legal arrangements shall also include any other matters
deemed necessary to carry out the purposes of cluster development.
An application for a suburban cluster development shall be reviewed
and approved by the Planning Commission under the procedures applicable
to a preliminary plan of subdivision. The following requirements shall
also apply:
A.
An application shall include a description of the size, location
and use of the open space areas and recreational facilities to be
provided.
B.
A cluster development shall meet the minimum tract open space requirements in Figure XIV-1[1] and shall meet all required findings for a cluster development in § 297-225.
[Amended 3-1-1999 by Ord. No. 99-16]
[1]
Editor's Note: Figure XIV-1 is included as an attachment to this chapter.
C.
An application shall identify the differences sought from the height,
bulk and dimensional requirements of this chapter and the design standards
of the Subdivision Regulations.[2] Any such difference shall remain within the standards established in Figure XIV-2[3] and is subject to Planning Commission approval. The Board
of Appeals shall have no jurisdiction to grant variances from any
zoning regulation in a cluster development, except for variances on
individual building lots which have been developed and continuously
occupied for a minimum of two years.
[Amended 3-1-1999 by Ord. No. 99-16]
[3]
Editor's Note: Figure XIV-2 is included as an attachment to this chapter.
D.
The Planning Commission may add conditions to the approval of any suburban cluster development to protect adjacent properties and the neighborhood. All such conditions shall meet the purposes of cluster development in § 297-219. Violation of any condition shall constitute a violation of this chapter and shall be cause for revocation of the cluster development approval or for the revocation or withholding of building, grading or use and occupancy permits.
A.
The Planning Commission shall find that the following requirements
are met, in approving any cluster development:
(1)
The cluster development plan and the preliminary plan of subdivision
provides for a total environment and design which are superior, in
the reasonable judgment of the Planning Commission, to that which
would be allowed under the regulations for conventional subdivisions.
(3)
Public facilities available to the cluster development, including
sewer facilities, water facilities, school facilities, utilities,
police facilities, fire and rescue facilities, transportation facilities
and parks and recreation facilities, will be adequate to serve the
development.
(4)
Under the cluster development plan, the natural environment
of the subject property and any historic or archaeological resources
will be well-protected and preserved.
B.
The Planning Commission may require modification of a proposed cluster development plan, if it finds that by reasonable modification of proposed cluster open space, lots or buildings, the plan will more fully meet the purposes in § 297-219 and the applicant's approved design code, if any.[2]
[2]
Editor's Note: Former Subsection C, regarding additional requirements
for approval of a mixed residential cluster development, which immediately
followed this subsection, was repealed 3-1-1999 by Ord. No. 99-16.
[1]
Editor's Note: Former § 297-225, Review procedures
for mixed residential cluster developments, was repealed 3-1-1999
by Ord. No. 99-16.
A cluster development may be amended after initial approval
without being processed as a new cluster development, subject to the
following:
A.
If an approved cluster development is to be amended by varying the
layout of cluster open space, community or recreational facilities,
lot or block sizes or other features, without amending the approved
design code, if there is a design code, then the applicant may submit
an amendment request, in writing, to the Zoning Officer. The Zoning
Officer shall review and present the amendment request to the Planning
Commission. The amendment request may be approved unless the Planning
Commission finds that the original cluster development is superior
in its design or its relationship to surrounding properties or the
natural environment.
B.
If an approved mixed residential cluster development is to be amended
by altering the approved design code and varying the layout of cluster
open space, community or recreational facilities, lot or block sizes
or other features, the amendment request shall be processed under
the procedures for the initial approval of a mixed residential cluster
development.
C.
If a property with an approved cluster development is rezoned, in whole or in part, then an amendment may be filed to conform to the densities allowed in the new zone. If the amendment will require changes to the approved design code, then the application shall be reviewed under the same procedures applicable to an initial approval. If no changes to the approved design code are required, then the cluster development may be amended in accordance with the procedures in Subsection A.
[Amended 3-1-1999 by Ord. No. 99-16]
See the figures included as attachments to this chapter:
A.
Figure XIV-1: Requirements for Suburban Cluster Developments.
B.
Figure XIV-2: Schedule of Dimensional Requirements: Cluster Developments.
C.
Figure XIV-3: Minimum Acceptable Facilities for Active Recreation.
