A.
Ingenuity, imagination and design efforts on the part
of builders, architects, site planners and developers can produce
developments which are in keeping with the traditional neighborhood
development character of the Town and the overall land use intensity
and open space objectives of this chapter while departing from the
strict application of use, setback, height and minimum lot size requirements
of the residential zones. The PUD-M District is designed to provide
flexibility in development by providing for a mix of residential uses
with or without appropriate nonresidential uses, alternative forms
of housing and flexibility in the internal relationships of design
elements. The purpose of the PUD-M Planned Unit Development Mixed-Uses
District is to encourage planned additions to the Town that incorporate
design features reflective of the "traditional neighborhood development"
characteristics of small, older neighborhoods in the Town. The focus
of the development design in this district is shifted from the automobile
to the pedestrian. Emphasis is placed on the layout of the streets,
the building of a variety of housing types with smaller front yards,
the appearance of clearly defined streetscapes and orientation to
the existing village center. In design terms, traditional communities
are characterized by mixed land uses; grid street patterns; emphasis
on pedestrian circulation; intensively used open spaces; architectural
character; and a sense of community.
B.
The intent of this article is to permit such flexibility
for planned unit developments which:
(1)
Permit a creative approach to the development of land
and recognize the community character and heritage of Leonardtown
through the layout of streets and alleys in a grid or modified grid
form.
(2)
Insure that tracts and lots which may be subdivided
will preserve the character of the Town by the continuation of elements
such as through streets and alleys, sidewalks and shade trees.
(3)
Provide for an efficient use of land, resulting in
smaller networks of utilities and streets and thereby lower housing
and maintenance costs.
(4)
Enhance the appearance of neighborhoods through preservation
of natural features, the provision of underground utilities and the
provision of recreation areas and open space in excess of existing
zoning, subdivision and Master Plan requirements.
(5)
Provide an opportunity for new approaches to home
ownership.
(6)
Provide an environment of stable character compatible
with surrounding residential areas.
(7)
Encourage the use of traditional neighborhood development
design principles, including those identified in the publication "Development
Design Manual, Town of Leonardtown, Maryland" (December 1999).
A.
Minimum parcel size, density and uses.
[Amended 5-9-2011 by Ord. No. 149]
(1)
Residential density in the PUD-M District shall not exceed five dwelling units per acre. The total number of residential units shall be determined by multiplying the overall acreage of the development proposed for residential use by five. For purposes of calculating density, lands located in the one-hundred-year floodplain or occupied by tidal or nontidal wetlands shall not be included. Density for those portions of sites with constrained or steep slopes shall be adjusted in accordance with § 155-59.1.
(2)
Land in any PUD-M development may be designated for commercial/retail use. Retail stores in excess of 10,000 square feet are special exception and shall be evaluated as described in Article V.
(3)
Land in any PUD-M development may be designated for
light industrial or office use.
(4)
Any land designated for commercial/retail use or light
industrial or office use shall be subtracted from the gross acreage
of the site and shall not be included in calculating permitted residential
density.
(5)
The
minimum parcel size that may be designated PUD-M is five acres.
B.
Minimum yard, lot size, type of dwelling unit, height
and frontage requirements for each use in the PUD shall be waived,
provided that the spirit and intent of this chapter are upheld in
the total development for the PUD. The Mayor and Council may, at their
discretion, require that adherence to minimum zone requirements be
accomplished within all or a portion of the perimeter of the site
and shall exercise ultimate discretion as to whether the total development
plan does comply with the spirit and intent of this chapter and any
design guidelines identified in the Town Development Design Manual
that they may consider appropriate to the particular development.
C.
In all cases, open space shall be provided in minimum
amounts of at least 30% of the total area of each PUD. Such open space
will be for dedication to the Town or for common ownership by the
residents of that planned unit development.
(1)
Common open space shall be provided in the form of
internal open space and peripheral open space. Internal open spaces
should contain a minimum area of 5,000 square feet and should be of
a distinct geometric shape, generally rectilinear or square, bounded
by streets with curbside parking on a minimum of 50% of its perimeter.
(2)
Internal open spaces should be designed as village
commons, town square, or urban parks and should be designed as active
gathering places for residents and should include places for strolling,
sitting, social interaction and informal recreation.
(3)
Internal open spaces should be landscaped such that
a minimum of 80% of the area is covered with trees, shrubs, lawn and
ground cover. Landscaping should utilize elements such as formal gardens,
walkways, monuments, gazebos, fountains, park benches, and pedestrian-scale
lampposts.
A.
Open space proposed for either dedication to the Town
or common ownership by the residents of that planned unit development
shall be retained as open space for park, conservation or recreational
use. All areas proposed for dedication to the Town must be acceptable
as to size, shape, location and improvement and shown by the applicant
to be of benefit to the general public.
B.
All park and open space areas shall be fully improved
by the applicant as required by the Mayor and Council, including all
abutting street improvements.
C.
In applications which include proposals for dedication
of park and open space areas to the Town, the applicant shall dedicate
the same in accordance with the Schedule of Development as approved
as a part of the planned unit development applications.
D.
Common recreation areas, facilities and open space
shall be provided in locations easily accessible to the living units
served and where they do not impair the privacy and view of individual
dwellings.
E.
When parcels are retained for common park, open space
and recreation use in a common ownership by the residents of the planned
unit development, plans for the improvement and maintenance of those
areas shall be approved by the Town.
F.
Each proposal for such use, including park areas,
private accessways, private parks and recreational facilities and
common service facilities, shall be accompanied by appropriate legal
documents which assure adequate management and maintenance of common
facilities.
(1)
Legal instruments providing for dedications, covenants,
homeowners' associations and subdivision controls shall:
(a)
Place title of common property in a form of
common ownership by the residents of the planned unit development,
e.g., a duly constituted and legally responsible home association,
cooperative, etc.
(b)
Appropriately limit the use of common property.
(c)
Place responsibility for management and maintenance
of common property. The Mayor and Council, at their discretion, may
require the applicant to enter into a contract with the Town for maintenance
of commonly held properties.
(d)
Place responsibility for enforcement of covenants.
(e)
Permit the subjection of each lot to assessments
for its proportionate share of maintenance costs.
(2)
Title of all land dedicated to public use shall be
unencumbered at the time of conveyance.
Development design within this district should
place emphasis on the layout of the streets, the building of a variety
of housing types with smaller front yards, the appearance of clearly
defined streetscapes and orientation to the existing village center.
In design terms, traditional communities are characterized by mixed
land uses; grid street patterns; emphasis on pedestrian circulation;
intensively used open spaces; architectural character; and a sense
of community. This zone is to provide for a mixture of residential
types with certain provisions for commercial activities to serve primarily
a resident population. This zone is particularly pedestrian-oriented
and is related to the more intensive uses of a town center, although
the commercial activities are of a scale that is less intensive than
those permitted in the commercial zones.
A.
Design objectives are as follows:
(1)
Dwellings, shops and workplaces generally located
in close proximity to each other; the scale of which accommodates
and promotes pedestrian travel for trips within the Town.
(2)
Modestly sized buildings fronting on, and aligned
with, streets in a disciplined manner, uninterrupted by parking lots.
(3)
A generally rectilinear pattern of streets, alleys
and blocks reflecting the street network of the existing Town which
provides for a balanced mix of pedestrians and automobiles.
(4)
Squares, greens, landscaped streets and parks woven
into the street and block patterns to provide space for social activity,
parks and visual enjoyment.
(5)
Promotion of civic buildings for assembly or other
civic purposes.
(6)
A recognizable, functionally diverse, visually unified
town center, focused on a village green or square.
(7)
A development size and scale which accommodates and
promotes pedestrian travel rather than vehicle trips within the Town.
B.
Multifamily units, including duplexes, townhouses, and apartments, shall represent no more than 20% of the total number of residential units permitted in a mixed use planned development unless the open space provided for in § 155-21C is at least 50% of the total area of the development, in which case multifamily units shall represent no more than 35% of the total number of residential units permitted in the development. The density of development for those portions of the site proposed for multifamily use shall not exceed 10 units per acre. In an area where townhouses are proposed, unless such is waived by the Planning and Zoning Commission, there shall be no more than five townhouse units in any contiguous group, and a variety of building setbacks, color, building materials and facades shall be provided for each contiguous group.
[Amended 8-10-2020 by Ord. No. 203]
C.
Each planned unit development shall provide for visual
and acoustical privacy of each dwelling unit. Fences, walks and landscaping
shall be provided for the protection and aesthetic enhancement of
property and the privacy of its occupants, screening of objectionable
views or uses and the reduction of noise.
D.
Parking shall be provided convenient to all dwelling units (maximum walking distance of 150 feet) and, for all uses, meeting the minimum requirements of Article XI. Driveways, parking areas, walks and steps shall be well paved, maintained and lighted for night use. Screening of parking and service areas shall be encouraged through ample use of trees, shrubs, hedges and screening walls.
E.
Access and circulation shall adequately provide for
fire-fighting equipment, furniture moving vans, fuel trucks, refuse
collection, deliveries and snow removal.
F.
All planned unit developments shall provide for underground
installation of utilities, including telephone and power in both public
and private rights-of-way. Provision shall be made for acceptable
design and construction of storm sewer facilities, including grading
gutters, piping and treatment of turns to handle stormwaters, prevent
erosion and formation of dust.
G.
A variety of open space and recreational areas is
encouraged, including children's informal play in close proximity
to individual dwelling units according to the concentration of dwellings,
formal parks, picnic areas, playgrounds, areas of formal recreation
activity (such as tennis courts), scenic open areas and communal recreational
facilities (such as swimming pools).
H.
Sidewalks shall be provided along both sides of all
streets unless the Planning and Zoning Commission determines, in certain
locations, that circumstances do not warrant sidewalk sections. The
pedestrian circulation system and its related walkways shall be insulated
as completely as possible from the street system in order to provide
separation of pedestrian and vehicular movements. This shall include,
when deemed to be necessary by the Planning and Zoning Commission,
pedestrian underpasses or overpasses in the vicinity of schools, playgrounds,
local shopping areas and other neighborhood uses which generate a
considerable amount of pedestrian traffic.
[Amended 5-9-2011 by Ord. No. 149]
I.
Street lights shall be provided and shall not exceed
18 feet in height and be placed at no more than seventy-five-foot
intervals on both sides of the street.
J.
Fences, four feet in height or less, are permitted
in front yards. Frontage fences should be designed to take into account
the amenity of the street, surveillance and safety, the security of
children and pets and property, and the use of front landscape space.
K.
Residential units proposed on all single-family lots
shall be located at the "build-to" line, which shall be established
by the developer and which shall be located between 15 and 25 feet
from the front lot line.
L.
When proposed, a front porch shall be placed on the
build-to line of the front yard of all lots proposed for single-family
use. A front porch shall have a minimum depth of seven feet and a
minimum width of 14 feet. In addition to providing for the continuance
of the predominant architectural style of existing neighborhoods in
Leonardtown, the front porch is intended to provide cover and shade
as well as a change in the scale of a building in order to serve as
a transition from the height of the dwelling to the front yard, sidewalk,
and street.
M.
A minimum of 80% of all buildings on a block shall
conform to the build-to line, with the remaining 20% allowed to vary
by being further set back or permitted to come forward no greater
than 25% of the distance between the right-of-way and the build-to
line for residential structures.
N.
The Mayor and Council may modify the strict application
of these standards where it is felt that such would further the objectives
of the planned unit development, except it may not grant a variance
in the total number of units permitted or the maximum percentage of
multiple-family units.
O.
Site planning for commercial uses: internal relationships.
Commercial buildings shall be so grouped in relation to parking areas
that after customers arriving by automobile enter the shopping center,
establishments can be visited with a minimum of internal automotive
movement. Facilities and access routes for deliveries, servicing and
maintenance shall, so far as reasonably practicable, be separated
from customer access routes and parking areas. Areas where deliveries
to customers in automobiles are to be made or where services are to
be provided for automobiles shall be so located and arranged as to
prevent interference with pedestrian traffic within the center.
(1)
Sites should be developed in a coordinated manner
to complement adjacent structures through placement, architecture
and size or mass. Where possible, commercial uses requiring floor
areas in excess of 10,000 square feet should be designed to appear
as several distinct, albeit attached, structures, each with a floor
area no greater than 6,000 square feet to reduce the visual impact
of a single larger building mass in keeping with the scale of existing
structures in Leonardtown.
(2)
Whenever possible, commercial buildings on the same
site should be clustered and incorporate plazas, courtyards, pocket
parks, and other pedestrian use areas.
(3)
Sites occupied by commercial uses should be designed
to avoid the appearance of domination by automobiles. Positive methods
to achieve this guideline include:
(a)
Orienting buildings to fronting streets and
placing some of the parking at the rear and/or sides;
(b)
Designing the required parking area into a series
of smaller, discrete, connected lots rather than a large uninterrupted
parking lot(s);
(c)
Providing sidewalks and well-defined pedestrian
walkways through parking areas and from public sidewalks into the
site. Well-defined walkways utilize pavers, changes in color, texture,
and composition of paving materials and vertical plantings such as
trees and shrubs. The minimum width of walkways should be five feet.
[Amended 5-9-2011 by Ord. No. 149]
P.
Building design for commercial uses.
(1)
Buildings should reflect an individual design that
has considered site location, conditions, intended use, and the character/building
mass of surrounding development. Building designs should reflect an
individual style and form and not merely current trends.
(2)
A consistent visual identity should be applied to
all sides of buildings visible to the general public. All sides should
have an equivalent level of quality of materials, detailing and window
placement. Abrupt ending of architectural details should be avoided
with no radical change in details, features or materials.
(3)
Large buildings should avoid long, blank, uninterrupted
walls. Positive methods to achieve this objective include building
wall offsets regarding modulation, changes in colors and materials,
placement of windows and doors, use of porches, porticos or canopies,
changes in floor level, and projections that provide building shadows
that visually break up long, flat building facades.
(4)
Large buildings should avoid long, blank, uninterrupted
roof planes. Positive methods to achieve this objective include height
variations to give the appearance of distinct elements or offsets
in the roof line to provide architectural interest and variety to
the massing of the building and to relieve the effect of a single,
long roof.
(5)
Large buildings should use modulation (defined as
a measured setback or offset in a building face) to reduce overall
bulk and mass. The planes of exterior walls should not run in one
continuous direction more than 50 to 60 feet without an offset or
setback. Offsets should be a minimum of three to five feet.
(6)
Large buildings should use articulation in a clear
rhythm to reduce their perceived size. Articulation is the giving
of emphasis to architectural elements (like windows, entries, balconies,
etc.) that create a complementary pattern of rhythm, dividing large
buildings into smaller identifiable pieces. Articulation in the form
of doors, windows and other framed building openings that articulate
architectural elements break up the look of a long, blank wall.
(7)
Buildings facing streets should incorporate pedestrian-scaled
entrances. Pedestrian-scaled entrances are those that provide an expression
of human activity or use in relation to building size. Doors, windows,
entrances and other features should be designed to respond to the
size of the human body and not give the appearance of anonymity or
overwhelming the building's users.
(8)
Building design should incorporate traditional building
materials such as masonry, stone, heavy timbers, brick or other natural-appearing
materials.
(9)
Building colors should accent, blend with, or complement
surroundings. Bright or brilliant colors should be reserved for trim
and accents.
(10)
Outdoor storage areas, mechanical equipment
and trash receptacles should not be visible from adjacent streets
and pedestrian walkways. The method of screening such areas from view
should be architecturally integrated with the building with respect
to materials, shape and size.
(11)
Materials used for site features such as fences,
screen walls, and signs should be appropriate to the zone district
where the development is located and should complement building design
through materials, color, shape and size.
Q.
Any project or development consisting of 50 or more dwelling units,
such as large-scale multiple-family dwellings, shall provide recreational
space for the private use of its residents. Recreational space includes,
but is not limited to, the following:
[Added 1-13-2014 by Ord.
No. 160]
A.
The applicant is encouraged to seek the advice of
the Town's administrative staff, and/or professional designers, architects,
planners, engineers and lawyers in the preparation of plans and documents
to implement a planned unit development.
B.
In order to benefit the applicant by providing information
and guidance before entering into binding commitments or incurring
substantial expense, review of planned unit development applications
shall proceed in two stages: the concept plan stage and the engineering
stage.
(1)
The concept development plan and a proposed design
code, which establishes the framework for a planned unit development,
shall be reviewed by the Planning and Zoning Commission.
(a)
The concept development plan application and
proposed design code, together with the recommendations of the Planning
and Zoning Commission, shall be reviewed by the Mayor and Council
and, after public hearing, approved, approved with modification or
disapproved by the Mayor and Council.
(b)
The Mayor and Council may deny a planned unit
development application if, in their judgment, the proposed development
is not consistent with the intent and purpose of this section.
(c)
The initial concept development plan application
may be reviewed and approved concurrently with the adoption of a Zoning
Map for parcels to be annexed to the Town.
(2)
After the approval of the concept development plan
application, the site plan or subdivision plat, detailing the engineering
elements of a planned unit development, with Planning and Zoning Commission
recommendations, shall be submitted to and approved or disapproved
by the Mayor and Council. The applicant for a planned unit development
shall have the burden of proof, which shall include the burden of
persuasion on all questions of fact which are to be determined by
the Mayor and Council and the Planning and Zoning Commission.
[Amended 5-20-2008 by Ord. No. 139]
C.
Procedures for the preparation and filing of a concept
development plan are as follows:
(1)
The complete concept development plan shall be filed
with the Town Clerk and accompanied by the required fees, as established
by the Mayor and Council.
(2)
Upon receipt, the Town Clerk shall advertise the application
for public hearing. The public hearing date shall be established only
after the Planning and Zoning Commission has reviewed the subject
application for a maximum period of 60 days from the acceptance of
the application by the Town Clerk.
(3)
The Planning and Zoning Commission may transmit the
application to any interested agency for comment. Such agencies may
return their comments and recommendations to the Planning and Zoning
Commission within 30 days. That Commission shall then review the concept
development plan and forward its recommendations to the Mayor and
Council, who shall hold the public hearing.
(4)
Following the public hearing, the Mayor and Council
may approve, approve with modification or deny the concept development
plan in whole or in part, based upon the finding that:
(a)
The proposed planned unit development does not
affect adversely the Town Master Plan or this chapter.
(b)
The proposed planned unit development will not
adversely affect the health and safety of residents or workers in
the area and will not be detrimental to the use or development of
adjacent properties or the general neighborhood.
(c)
The proposed planned unit development will meet
the stated objectives and the standards and performance criteria.
(5)
No deviation from the concept development plans so
approved for a planned unit development shall be permitted without
the approval, as herein provided, of the Mayor and Council or the
Planning and Zoning Commission, as the case may be.
(a)
Any deviation without the necessary approval
shall serve automatically to revoke the original approval and void
future actions pursuant to the planned unit development.
(b)
Any increase of 5% or more in the number of
dwelling units of any type over the number approved in the exploratory
stage approval shall be deemed a substantial deviation.
(c)
Any increase or decrease of 5% or more in the
amounts of land designated for commercial or light industrial uses
is considered a substantial deviation.
(d)
Any other proposed deviation must be approved
by the Mayor and Council.
(6)
The concept development plan application shall contain:
(a)
A written description of the intended plan of
development.
(b)
A sketch plan at a hundred-foot scale and proposed
design code supporting the above statement, illustrating:
[1]
The preliminary location and grouping of dwelling
units, nonresidential uses, schools and recreation facilities.
[2]
The number of dwelling units proposed and their
general location, conceptual illustrations of typical units reflecting
their intended exterior appearance and identifying those areas to
be subdivided and those to be renter-occupied.
[3]
A preliminary vehicular and pedestrian circulation
system, including driveways, walkways, parking areas and streets to
be dedicated.
[4]
A system of open space and recreational uses,
with estimates of acreage to be dedicated and that to be retained
in common ownership.
[5]
A topographic map at a two-hundred-foot scale
showing contour intervals at five feet, including all existing buildings,
wooded areas, floodplains, wetlands, streams and other significant
environmental features.
(c)
A preliminary statement indicating how the problems
of maintenance and ownership of common facilities will be resolved.
(d)
A preliminary schedule of development, including
the staging and planning of:
(e)
Each of the above elements shall be listed as
to their relative order of improvement, with an estimated time schedule
for their accomplishment. It is, among other things, the intent of
this requirement that the schedule of development be such that a staged
implementation of the planned unit development would not result in
land use conditions which would establish a precedent for the use
of adjoining undeveloped property for purposes other than that shown
on the approved planned unit development.
(f)
A plat or metes and bounds description of the
area within the proposed planned unit development.
(g)
The name and address of the owner or owners
and their agents.
D.
Procedures for the preparation and filing of the site
plan or subdivision plat are as follows:
(1)
Upon the approval of the exploratory application by
the Mayor and Council, the applicant shall prepare and submit to the
Planning and Zoning Commission the required studies and material.
The process of review shall proceed in accordance with the approved
schedule of development; however, the detailed studies may be filed
for all or a portion of the subject tract, as required by the Planning
and Zoning Commission in each individual case.
(2)
The Planning and Zoning Commission shall recommend
to the Mayor and Council approval or disapproval of the submitted
documents in accordance with the development principles, standards
and performance criteria of this article, within the limitations of
the exploratory application approved by the Mayor and Council. The
Mayor and Council shall have final approval or disapproval of the
submitted documents.
[Amended 5-20-2008 by Ord. No. 139]
(3)
Upon approval of the site plan or subdivision plat,
the applicant shall prepare final record plats, covenants and other
required legal instruments. The Planning and Zoning Commission shall
approve these upon a finding that they conform to the approved application,
that the performance criteria of this chapter are adhered to and that
the necessary legal documents, covenants and plats are capable of
and can be recorded simultaneously. Minimum units of execution and
the staging of such shall be as provided for in the schedule of development.
(4)
Following the approval of the site plan or subdivision
plat for all or any portion of a planned unit development, the applicant
shall cause a subdivision plat of said approval to be filed in the
land records of St. Mary's County prior to the sale of any lots. The
subdivision plat shall conform to the Town's Subdivision Regulations.[1]
(5)
The site plan shall contain the following elements,
to be submitted in accordance with the requirements and procedures
of the Planning and Zoning Commission:
(a)
A one-hundred-foot-scale site plan showing:
[1]
The location of all proposed structures.
[2]
Existing grades and proposed rough grading.
[3]
Preliminary elevations for all proposed streets
to be dedicated.
[4]
Wetlands, floodplains, streams, other significant
natural features, existing and proposed roads and sidewalks, existing
and proposed utility lines and structures, forests, required buffer
yards and any other items the Planning and Zoning Commission may require.
[5]
Proposed improvements of common and/or public
area.
(b)
Preliminary drawings of typical single-family,
multiple-family and townhouse units to be constructed:
(c)
Storm drainage and engineering plans for sanitary
sewer and water lines, including easements for underground utilities.
(d)
Final drafts of legal agreements and documents which will be used to satisfy the requirements of § 155-21C, including drafts of proposed deeds of dedication and other legal documents necessary for the transfer of land and structures to public and common ownership and the maintenance and resale, lease, sublease or repurchase of the same thereafter.
(e)
Estimates of the costs of maintenance and common
facilities and means of financing.
(f)
A final schedule of development.
(g)
Additional material deemed necessary by the
Planning and Zoning Commission to properly review the various elements
of the planned unit development.
E.
Sectionalized
plats.
[Added 5-9-2011 by Ord. No. 149]
(1)
Within
the PUD-M District, the Town Council may approve a final plat for
a section or portion of a development that has received preliminary
plat approval when it determines that it is impractical or undesirable
to require the final plat(s) for the entire subdivision at one time.
Such approval of a portion or section of the development in no way
precludes final platting of the entire subdivision in accordance with
the approved preliminary plat, provided that each final plat is submitted
in proper sequence. Proposed, subdivisions or developments to be developed
in sections or stages shall delineate the specific proposed boundaries
of each section to be developed and the plan and schedule for phasing
development over time.
(2)
Final
plats for portions or sections of subdivisions within the PUD-M District
shall provide for the appropriate improvements, open space and other
public amenities shown on the preliminary plat. When such sequential
approval of a development in sections occurs, the Town may require
a performance bond or other surety in a form suitable to the Town
Attorney to assure completion of the improvements in the amount equal
to 110% of the approved cost estimate for improvements associated
with that section, plus an annual escalation to account for the costs
of inflation during the construction period.
(3)
Where
components of a development receive final plat approval in sections
or phases and include commercial uses, no commercial uses may be constructed
until 85% of the residential uses within that phase or section have
been constructed or are under construction, unless the Town Commissioners
determine that development of the commercial components are appropriate
prior to construction of residential uses.
