[Amended 2-3-2006 by Ord. No. 2006-02]
A.
Planned
unit developments (PUDs) are contemplated to be primarily residential
in nature. However, PUDs of sufficient size and appropriate character
may have certain limited commercial development which is incidental
to the PUD and is intended primarily for the use of the residents
of the PUD.
B.
Not all
locations in the Town are suitable for PUD development, and the nature,
size, scale, or intensity of proposed uses may cause a particular
site not to be suitable for a specific PUD proposal. Therefore, there
is no general presumption that an application for such a use at a
particular location is valid, inures to the general benefit of the
Town or is in compliance with the Town's Comprehensive Plan. Instead,
each application will be evaluated according to its particular location
and the degree to which the developer is willing or able to propose
a development plan which furthers the goals and objectives of this
article and the chapter generally.
The following uses are permitted by right in
a PUD:
A.
Single-family detached dwelling.
B.
Multifamily dwellings attached or detached (including
but not limited to one- and two-family units, townhouses and garden-type
apartments).
C.
Rented apartments.
D.
An office, temporary or permanent, belonging to the
developer and clearly incidental to management and sales operations
of the planned unit development.
E.
Temporary structures incidental to construction.
F.
Commercial establishments of a convenience and service
nature may be permitted, with the express approval of the Planning
and Zoning Commission and Board of Appeals. Such commercial establishments
shall be an integral part of the plan for the PUD. The total aggregate
area of all the commercial establishments and their parking area shall
not occupy more than 5% of the gross land area of the PUD. Commercial
areas shall be of two types:
(1)
Small neighborhood convenience centers may include
laundry and dry cleaning establishments, beauty and barber shops,
and retail food establishments of less than 3,500 square feet. No
commercial establishments shall be constructed until 25% of the total
planned residential units are completed. Centers may include one or
more stores.
(2)
Planned commercial centers shall be a group of commercial
uses compatible with the residential nature of the PUD. These may
include but are not limited to medical and professional offices, general
retail stores, food stores, and one automotive service station. No
construction of the planned commercial center shall begin until 50%
of the total planned residential units are complete.
[Amended 2-3-2006 by Ord. No. 2006-02]
G.
The Planning and Zoning Commission may also approve
and/or require land and places for public assembly, recreational buildings,
public buildings and accessory buildings, or may require the reservation
of lands for such uses, if it is deemed they are advantageous or necessary
for the purpose of serving the residents of the planned unit development
and the local community.
[Amended 2-3-2006 by Ord. No. 2006-02]
Planned unit developments are floating zones.
That means that while provisions and regulations are made to govern
development within any PUD district, no such district will be pre-mapped
on the Zoning Map. Planned unit developments are permitted, provided
that the requirements outlined in this article are met, in the R-1,
R-2, and R-3 Districts. In general, a PUD is contemplated in residential
zones where tracts of suitable location, size and character exist.
The uses and structures proposed are to be planned and developed according
to the requirements and procedures of this chapter. Planned unit developments
shall be appropriately located with respect to the general pattern
of urban development existing or proposed, and to existing public
and private facilities and services.
The total density in the planned unit development
(PUD) will not be greater than if conventionally developed. In an
effort to provide a variety of housing types, sizes, and cost, the
formula for computing the residential density of a PUD shall be based
on the number of bedrooms permitted per gross acre of development.
The multiplier factor shall be three, the average number of bedrooms
per home, built in a conventional development.
|
The Density Factors for Computing Total
Units
| |||
|---|---|---|---|
|
Zone
|
Conventional Development
Units/Acre
|
Standard Multiplier
|
PUD Bedrooms/Acre
|
|
R-1
|
4
|
3
|
12
|
|
R-2
|
8
|
3
|
24
|
|
R-3
|
10
|
3
|
30
|
A.
Density. The Planning and Zoning Commission may set
the required mix of one- , two- or three-bedroom units that can be
built within a planned unit development or its stages.
B.
Setbacks, lot size, lot coverage, height and yard
requirements. The setback, lot size, lot coverage, height and yard
requirements shall be established for each individual project by the
Mayor and Council in the ordinance granting the application. The Planning
Commission shall make recommendations to the Mayor and Council with
regard to these requirements.
[Amended 2-3-2006 by Ord. No. 2006-02]
C.
Area. The proposed PUD shall in no case contain less
than two acres of land.
D.
Open space. Common open space shall comprise not less
than 25% of the gross area. All open space shall be designated for
the common use of all occupants of the PUD and at least 50% of such
space shall be developed as recreational areas.
E.
Sanitary facilities. No PUD plan shall be approved
unless the proposed development will be served by public water and
sewer disposal systems. Satisfactory evidence must be furnished to
the Planning and Zoning Commission and the Board of Appeals that the
existing Town sewer and water system can handle the increased demands
placed upon them by the proposed PUD and meet current Health Department
requirements for standards of operation.
G.
Parking. At least two usable off-street parking spaces
shall be provided for each dwelling unit, either on the lot it occupies
or within 150 feet of such lot or of an apartment dwelling unit.
A.
Preliminary approval. Application shall be made to
the Planning and Zoning Commission for preliminary concept approval
of the PUD and shall include, but not be limited to:
(1)
A general diagram showing the PUD's relation to the
Town of Federalsburg and major public access to the PUD (seven copies).
(2)
A general concept plan setting forth preliminary information
required by the Planning and Zoning Commission (seven copies). Such
information shall include but not be limited to the following:
(a)
Proposed housing types, the total number of
units, percentage of each type, general location of each type, elevations
of each type.
(b)
Proposed planned commercial centers and/or neighborhood
convenience center, location, types of business or businesses, size
of area or areas, and elevations of each building type.
(c)
Proposed open space, their size, their location,
their uses, and their proposed ownership (Town and/or association).
(d)
General statement concerning provision of utilities
(public works agreement).
(e)
Statement of expected Town responsibilities.
(f)
Cost/benefit ratio of the proposed PUD for the
Town (economic impact format).
(g)
Tentative time table and staging of development
(schedule of construction).
(h)
Applicant shall pay an application fee as previously
established by the Town.
(i)
The exact name and address of the petitioner
and a reference to the deed or deeds conveying the property in question
to the petitioner. If the petitioner is not the legal owner of the
property, the petition shall:
(j)
A metes and bounds description of the property
covered by the petition and a survey thereof indicating that the parcel
of land meets the acreage criteria.
(k)
A written and mapped statement indicating the
current zoning of the tract in question, as well as the area immediately
adjacent to the proposed development tract.
(l)
A preliminary development plan of the property
covered by the petition which will indicate the following:
[1]
The use each portion of land will be put to.
[2]
Residential densities for each residential area
and the overall tract density.
[3]
Major road network.
[4]
Community facility sites.
[5]
The number of acres which will be devoted to
each land use and the percentage of the entire tract it encompasses.
[6]
Zoning classifications to be employed in each
area.
[7]
Statement describing the proposed drainage,
water supply, sewage disposal, and solid waste disposal.
B.
Preliminary site plan.
(1)
Following preliminary approval for the PUD concept,
the developer shall submit the following to the Planning and Zoning
Commission for its review: seven copies of a preliminary site plan
shall be filed with the Planning and Zoning Commission.
(2)
The preliminary site plan shall comply with the requirements
of this section and be accompanied by such other written or graphic
material as may be necessary or desirable in aiding the decisions
of the Planning and Zoning Commission.
(3)
The Planning and Zoning Commission shall review the
site plan for compliance with the requirements of this chapter and
the Federalsburg Comprehensive Plan. Before recommending approval
of a site plan, the Planning and Zoning Commission may make reasonable
additional requirements including, but not limited to, utilities,
drainage, landscaping and maintenance thereof, lighting, signs and
advertising devices, screening, accessways, curb cuts, traffic control,
height of buildings and setback of buildings, to protect adjoining
residentially zoned lots or other uses. The site plan shall be amended
in accordance with the requirements of the Planning and Zoning Commission
before receiving the final approval of the Planning and Zoning Commission.
(4)
Preliminary site plan shall show:
(a)
The proposed title of the project and name of
the engineer, architect, designer or landscape architect, planner
and the developer.
(b)
The North point, scale and date. The scale of
the site plan shall be as follows:
(c)
The boundaries of the property involved, county
and municipal boundaries, the general location of all existing easements,
and property lines, existing streets, buildings or waterways, and
other existing physical features in or adjoining the project.
(d)
The approximate location and sizes of sanitary
and storm sewers, water mains, culverts, and other underground structures
in or near the project.
(e)
Proposed limits (boundaries) of the application
for the PUD floating zone designation.
(f)
The general location and character of construction
of proposed streets, alleys, driveways, curb cuts, entrances and exits,
parking and loading areas (including number of parking and loading
spaces), outdoor lighting systems, storm drainage and sanitary facilities.
(g)
The general location of proposed lots, setback
lines, and easements, and proposed reservations for parks, parkways,
walkways, cycleways, playgrounds, school sites and open space.
(h)
The location of buildings with respect to each
other, to lot lines, and to major excavations shall be drawn to scale,
but full dimension is not required on the preliminary plan.
(i)
The approximate height of proposed buildings
and structures (accessory and main) shall be shown.
(j)
Preliminary plans and elevations of the several
dwelling types and other buildings, as may be necessary.
(k)
General location, height, and material of all
fences, walls, screen planting, and landscaping and management thereof.
(l)
Proposed location and character of nonresidential
uses or commercial uses, accessory or main.
(m)
General location, character, size, height and
orientation of proposed signs, and management thereof.
(n)
A tabulation of total number of acres in the
project, gross or net as required in the district regulations, and
the percentage thereof proposed to be devoted to the several dwelling
types, commercial uses, other nonresidential uses, off-street parking,
streets, parks, schools and other reservations.
(o)
A tabulation of the total number of dwelling
units of various types in the project and the overall project density
in dwelling units per acre, gross or net as required by district regulations.
(p)
Schedule of construction or timetable (acceptable
to the Town).
(5)
The developer shall provide a statement detailing
the means by which the PUD and all its various aspects shall be managed.
This shall include deed restrictions and covenants designed to insure
perpetuity of agreements.
(6)
The developer shall provide a complete topographic
drawing of the proposed plan to be made acceptable to the Soil Conservation
Service (specific requirements will be obtained from the Soil Conservation
Office). The developer, after consultation with the Soil Conservation
Service, will develop a complete sediment and stormwater control plan
to be reviewed and approved by the Soil Conservation District.
(7)
The preliminary site plan shall also include a management
statement governing the construction, operation and maintenance of:
(a)
Sanitary and storm sewers, water mains, culverts,
and other underground structures.
(b)
Streets, alleys, driveways, curb cuts, entrances
and exits, parking and loading area, outdoor lighting systems, storm
drainage and sanitary facilities.
(c)
Parks, parkways, cycleways, playgrounds, open
spaces, fences, walls, screen planting, and landscaping and signs.
(8)
The Planning and Zoning Commission may establish additional
requirements for preliminary site plans.
C.
Final review and approval procedure.
(1)
A surety bond or other security or acceptable guarantee
shall be filed and/or deposited in escrow with the Mayor and Council
in an amount sufficient to ensure completion of all requirements as
imposed by the Planning and Zoning Commission. Such bonds, or other
security, or acceptable guarantee shall be reviewed annually and adjusted
to reflect current costs.
(2)
A final site plan in the form of a final plat shall
be prepared, filed and recorded following Zoning Map amendment by
the Mayor and Council. The final plat shall comply with the specifications
of the Planning and Zoning Commission and the requirements of this
section and applicable laws, regulations, and ordinances governing
the subdivision of land.
(3)
Permits shall be issued in accordance with the schedule
for construction approved by the Planning and Zoning Commission as
part of the final site plan approval and after recordation of the
final plat.
(4)
When the PUD is to be developed in stages, each stage
shall be subject to separate permit applications. However, the overall
development concept shall conform to a master site plan that the Planning
and Zoning Commission shall have reviewed and approved prior to the
public hearing held by the Mayor and Council. Potential changes to
details of the project in future stages or phases shall be subject
to the procedures that address site plan amendments. The public hearing
and Zoning Map amendment shall consider the site in its entirety.
To facilitate adequate consideration of the proposed application of
the floating zone, the site plan approved by the Planning and Zoning
Commission shall clearly indicate all future stages or project phases,
including the anticipated time frame for buildout.
D.
E.
Status of the Federalsburg Zoning and Subdivision
Ordinances. The Federalsburg Zoning and Subdivision Ordinances shall
fully apply to all planned unit developments except as noted in this
section.
F.
Mayor and Council action.
[Amended 2-3-2006 by Ord. No. 2006-02]
(1)
The
Mayor and Council shall hold a public hearing on the request for a
PUD Map amendment after the Planning Commission has approved a site
plan for the proposal. The site plan shall not be the subject of the
public hearing but may be referred to for clarification concerning
the specific nature of the development plan contemplated for the parcel.
Notice of public hearing before the Mayor and Council shall be given
at least 15 days prior to the hearing by publishing the time, place
and nature of the hearing in a newspaper of general circulation in
the Town. In addition, the Mayor and Council shall cause the date,
time, place, and nature of the hearing to be posted conspicuously
on the property, in accordance with the rules of the Mayor and Council.
The published and posted notices shall contain reference to the place
or places within the Town where the application may be examined.
(2)
Findings
of fact.
(a)
The Mayor and Council shall make written findings of fact with regard
to the following matters:
[1]
Whether the proposed PUD development conforms to all applicable standards
set out in this chapter for such uses, structures and projects;
[2]
Whether the proposed PUD development conforms to the Town's Comprehensive
Plan;
[3]
Whether the proposed PUD development, in conjunction with existing
and reasonably anticipated development in the neighborhood surrounding
the site for the proposed PUD, will not interfere with the adequate
and orderly provision of public services to the area;
[4]
Whether the proposed PUD development, in conjunction with existing
and reasonably anticipated development in the neighborhood surrounding
the site for the proposed PUD development, will not cause unacceptable
traffic congestion or hazards either in or near the site for the proposed
PUD development or elsewhere in the Town or Caroline County;
[5]
Whether the proposed PUD development is planned in such a manner
as to protect features of historical, cultural, or ecological importance;
[6]
Whether the proposed PUD development is compatible with existing
development in the surrounding neighborhood and with development reasonably
anticipated to occur in the neighborhood in terms of size, scale,
design and appearance or, if the proposed PUD development is not so
compatible, the proposed PUD design contains adequate screening, landscaping
and similar features to protect the surrounding neighborhood; and
[7]
Whether the proposed PUD development unreasonably adversely affects
the value of property in the neighborhood surrounding the site.
(b)
In making findings of fact as to the issues set forth above, there
shall be no presumption that an application for a PUD use at a particular
location is valid, compatible with surrounding uses, insures to the
benefit of the Town or is in compliance with the Town's Comprehensive
Plan. Instead, each application will be evaluated according to its
specific development plan in its particular location.
(3)
If
the Mayor and Council make an affirmative finding of fact as to each
of the criteria listed above, the Mayor and Council may enact an ordinance
granting the proposed PUD application. The fact that an application
for a PUD Zoning Map Amendment complies with the specific requirements
listed above shall not require the Mayor and Council to grant the
application. In determining whether or not to enact an ordinance,
the Mayor and Council may consider, in addition to the factors outlined
above, other factors it deems appropriate, including but not limited
to the degree to which the proposed PUD development:
(a)
Helps accomplish the coordinated, adjusted, and harmonious development
of the Town and its environs in accordance with present and future
needs;
(b)
Promotes health, safety, morals, order, convenience, prosperity,
and general welfare; including among other things, adequate provisions
for traffic, the promotion of public safety, adequate provision for
light and air, conservation of natural resources, the prevention of
environmental pollution, the promotion of the healthful and convenient
distribution of population;
(c)
Exemplifies good civic design and arrangement and the stewardship
of the Chesapeake Bay and the land as a universal ethic;
(d)
Encourages the conservation of resources, including a reduction in
resource consumption;
(e)
Is located at a location suitable for it given existing and reasonably
foreseeable development; and
(f)
Encourages appropriate and sustainable economic growth.
(4)
The
change/mistake rule, as codified in Maryland Annotated Code Article
66B, § 4.05, is not applicable to PUD Zoning Map amendment
applications.
(5)
The
Mayor and Council shall have the authority to impose conditions upon
the grant of a PUD Zoning Map amendment application and may require
the recordation of covenants and restrictions, in a form approved
by the Town Attorney, to assure compliance with said conditions or
with any of the provisions of the ordinance.
(6)
If
the Town Council fails to enact an ordinance granting the PUD application,
no application for a PUD Zoning Map amendment for the same property
will be accepted for filing by the Town for a period of one year after
the date of the Mayor and Council's decision or the date of finality
of any judicial review of the Council's decision, whichever is later.
(7)
The
owners or developers must indicate that they plan to begin construction
of the development within one year after final approval. If there
is no action on the part of the applicant at any point in the process
for a period of one year, the zoning of the site shall revert to its
previous classification, unless a time extension is requested by the
developer and granted by the Mayor and Council.
Permitted accessory uses are the same as for
the residential accessory uses permitted by the underlying residential
zoning. Commercial components of a PUD are governed by those uses
and activities delineated on the approved site plan.
See guidelines specified under § 245-116E for use in conjunction with the preparation of site plans.
Certain uses are permitted as conditional uses in the R1 Residential District and may be approved according to Article XVII of this chapter.
The regulations contained in this article are
supplemented or modified by regulations contained in other sections
of this chapter, especially the following:
[Added 2-3-2006 by Ord. No. 2006-02]
A property owner of a site subject to an approved PUD Zoning Map amendment may request an amendment to the terms and conditions of the PUD. Any request for an amendment shall be in writing. If the Planning Commission determines that the proposed amendment does not involve a material change to the design approved by the Mayor and Council and otherwise complies with the terms of this chapter, the amendment request shall be approved by the Planning Commission. Any other amendment shall be approved by the Mayor and Council according to the procedures set forth in this Article XV.
