§ 125.0. NT (New Town) District

Latest version.

Definitions, Requirements and Restrictions Applicable to NT Districts

As used herein, the term "New Town" means an unincorporated city, town or village which:

Is designated and planned as an economically and culturally self-sufficient community with a population of at least 20,000 inhabitants; and

Is so designed and planned as to meet all of the requirements specified in this Section 125.0.

As used herein:

The terms "New Town District," "NT District" and "The District" mean the land zoned for the erection of a New Town under the provisions of this Section 125.0.

When a provision in this section requires that an action "will conform", "conform with", "conforms with", or "conforms to" the Downtown Columbia Plan or any part of the plan, the action being taken shall further, and not be contrary to, the following items in the Downtown Columbia Plan:

(1)

Policies;

(2)

Timing and implementation of the plan;

(3)

Timing of development;

(4)

Development patterns;

(5)

Land uses; and

(6)

Densities and intensities.

No NT District shall be created except by the procedure set forth herein. Each NT District must contain a total area of at least 2,500 contiguous acres. Lands which are divided by streets, roads, ways, highways, transmission pipes, lines or conduits, or rights-of-way (in fee or by easement) owned by third parties shall be deemed to be contiguous for purposes of this Section 125.0. No NT District shall be established except upon land the beneficial title to which is in the person, firm or corporation executing the petition referred to in Section 125.0 thereof. The tenant under a lease having a term of not less than 75 years shall be deemed to be the holder of the beneficial title to the land covered by the lease for the purpose of this Section 125.0.

No NT District shall have a greater overall residential density than that produced by the total combined number of dwellings permitted in this Section 125.0.A. The maximum number of dwellings permitted under the Downtown Revitalization Approval Process is established in Section 125.0.A. The maximum number of dwellings permitted that are not subject to the Downtown Revitalization Approval Process is established by this section and shall be calculated by multiplying the total number of acres within the NT District by two and one-half. For development that is not subject to the Downtown Revitalization Approval Process, the following development restrictions shall apply:

In areas designated "single-family—low density" on the Final Development Plan, the maximum number of dwellings permitted shall relate to the overall total number of dwellings in all areas so designated within the NT District and shall be calculated by multiplying the number of acres within all areas so designated by two.

In areas designated "single-family—medium density" on the Final Development Plan, the maximum number of dwellings permitted shall relate to the overall total number of dwellings in all areas so designated within the NT District and shall be calculated by multiplying the number of acres within all areas so designated by four.

In areas designated "Apartments" on the Final Development Plan the maximum number of apartments permitted shall relate to the overall total number of apartments in all areas so designated within the NT District and shall be calculated by multiplying the number of acres within all areas so designated by 15.

The use of land within NT Districts shall be limited to those uses specified in the "Final Development Plan," provided, however, that:

No uses permitted only in the R-MH or M-2 Districts under these Regulations may be permitted in an NT District; and

Attached or semi-detached dwellings may be erected only in areas designated "Downtown Revitalization," or "Apartments" on a Final Development Plan. Within areas designated "Downtown Revitalization" such units shall be subject to the provisions of Section 125.0.A. Within areas designated "apartments" such units must be provided:

(1)

In groups having no more than 10 dwellings attached to one another if attached on the sides, or 16 dwellings if attached back to back; and

(2)

In such numbers so as not to exceed 10 dwellings for each acre of such use, calculated by multiplying the number of acres so designated by 10; and

(3)

In such physical relation to each other and to other uses as may be specifically approved on a subdivision layout submitted as part of the Final Development Plan.

Except for accessory uses as hereinafter provided, no structure within an NT District shall be:

Erected except in accordance with the Final Development Plan, or

Used for any purpose other than the use designated for it on the Final Development Plan.

Except as otherwise provided in the Final Development Plan, the following restrictions shall be applicable to NT Districts:

Access shall be provided from every use site to a public street or to a system of common streets and ways connecting with the public street system.

The off-street parking requirements of Section 133.0 of these Regulations shall be applicable.

The accessory use provisions of Section 110.0 shall be applicable to all residential uses within the NT District.

The provisions of Section 128.0 (Supplementary Zoning District Regulations) shall apply to the NT District except for those provisions which specifically exclude the NT District.

Subject to any additional specific permitted uses of land which may be designated on an approved Final Development Plan pursuant to Section 125.0.C. of these Regulations, if an approved Final Development Plan designates POR, B-1, B-2, SC or M-1 District uses or any combination thereof for a specific area, then the general permitted uses for such area shall be those uses permitted as a matter of right in those districts. However, the bulk regulations for those districts regulating the location of structures, height limitations, setback provisions, minimum lot sizes, and coverage requirements shall not apply inasmuch as the controls therefore shall be included in the Final Development Plan approved by the Planning Board as provided under these Regulations.

Each New Town District must provide each of the following uses in the following proportions:

	(1) Minimum Percentage of Total Area of the District	(2) Maximum Percentage of Total Area of the District
Open Space Uses	36%	N/A
Single-family—Low Density	10%	N/A
Single-family—Medium Density	20%	N/A
Apartments	N/A	13%
Commercial (POR, B-1, B-2 and SC uses)	2%	10%
Industrial Uses (M-1 uses)	10%	20%
Other uses presently permitted in any zoning district other than those permitted only in R-MH or M-2 Districts	N/A	15%
	Note: N/A means Not Applicable

Except as provided in Section 125.0.A.8.c. below, the land use percentages in Section 125.0.A.8.a. do not apply to Downtown Revitalization. However for purposes of determining and maintaining compliance with the land use percentages chart in Section 125.0.A.8. for areas in the New Town District outside of Downtown Columbia, land uses recorded on Final Development plans within Downtown Columbia prior to the effective date shall continue to be included when calculating the land use percentages in this chart.

Upon recordation of a Final Development Plan within Downtown Columbia, environmentally sensitive land areas that are designated "open space" on the Final Development Plan will be credited towards the minimum percentage of open space uses in Section 125.0.A.8.a. above.

Each New Town District must also provide adequate public transportation facilities and public water and sewer systems in the areas shown on the Final Development Plan.

As used in this Section the term "open space uses" is defined as being those uses which do not involve any extensive coverage of land with structures, as, for example, all lands devoted to raising of crops, agricultural uses, parks, playing fields, golf courses and any other outdoor recreational uses (whether any such uses be publicly owned or privately owned or operated for profit), as well as all lands covered by lakes, rivers or streams, and all lands devoted to public or community uses. Open land designated for residential uses shall be considered qualified as "open space use" only if it is held for the common use of the public or persons residing in the particular locality within the community, and if it is larger than two acres in size. For the purpose of meeting the 36% requirement imposed above:

(1)

The term "open space uses" shall not include parking lots, streets, rights-of-way, amusement parks, golf driving ranges which are not ancillary to a golf course, or drive-in movies.

(2)

All lands approved and credited as open space use on the Final Development Plan of the NT District shall be conclusively presumed to satisfy the requirements of this section.

Downtown Revitalization:

Applicability: To implement the recommendations of the Downtown Columbia Plan, new development or redevelopment of any property located within Downtown Columbia that is approved after April 6, 2010 must comply with all provisions applicable to Downtown Revitalization, except as provided in Section 125.0.A.9.f. Downtown Revitalization shall require approval of: (I), a Final Development Plan or Final Development Plan Amendment, and (II), a Site Development Plan.

Uses: The following uses are permitted under the Downtown Revitalization Approval Process: All uses permitted in the POR, B-1, B-2, and SC Zoning Districts, Downtown Arts, Cultural and Community Uses and Dwellings. Structures may be developed with individual or multiples uses. Section 125.0.A.8. a. does not apply to Downtown Revitalization.

Development Levels: The following maximum development level limits apply to Downtown Columbia for Downtown Revitalization, except as qualified by Sections 125.0.A.9.f.(1), (2) and (3).

(1)

The maximum number of Downtown Net New dwellings permitted is 5,500 dwellings. The number of dwellings permitted under the Downtown Revitalization Approval Process, up to a maximum of 5,500 Downtown Net New dwellings, shall be in addition to the overall residential density established by Section 125.0.A.4.

(2)

Any dwelling within a Low Income Housing Tax Credit (LIHTC) project owned wholly or in partnership by the Howard County Housing Commission located in Downtown Columbia is exempt from the maximum number of Downtown Net New dwelling units established by Section 125.0.A.9.c.(1). The maximum number of such LIHTC dwellings permitted in Downtown Columbia is 744.

(3)

The maximum amount of Downtown Net New commercial office development permitted is 4,300,000 square feet of gross floor area.

(4)

The maximum number of Downtown Net New hotel and motel rooms permitted is 640 rooms.

(5)

The maximum amount of Downtown Net New commercial retail development permitted is 1,250,000 square feet of gross floor area.

(6)

The maximum development levels permitted above for Downtown Revitalization shall be in addition to the number of dwellings and gross floor area of nonresidential uses shown on a Site Development Plan approved prior to April 6, 2010.

(7)

Arts centers, public libraries, and government uses are not counted toward any of the development levels listed above.

Off-Street Parking: Off-street parking and loading facilities within Downtown Columbia must be provided in accordance with the provisions for Downtown Revitalization in Section 133.0.E.3.

Previously Developed Properties.

(1)

Notwithstanding any other provision of these Regulations, any property currently improved with a building and any associated parking lots pursuant to a recorded Final Development Plan and an approved Site Development Plan as of April 6, 2010, may continue to be used in accordance with the terms and requirements on the Final Development Plan, but only to the same size and dimensions in the same location as shown on the approved Site Development Plan, except for minor changes to the Site Development Plan, which shall be governed by Section 125.0.G.

(2)

Demolition of existing improvements that are located within Downtown Columbia that occurs after April 6, 2010 shall result in the creation of a Demolition Development Credit equal to the number of dwellings and gross floor area devoted to nonresidential uses that were demolished. A Demolition Development Credit: (I) may be used anywhere within Downtown Columbia; and (II) shall not be limited by or counted against recommended development levels in the Downtown Columbia Plan or the maximum level of development permitted by Section 125.0.A.9.c.

(3)

Any existing structure or improvement that is located within Downtown Columbia that is destroyed by fire, flood or other calamity may be restored to the same size and dimensions in the same location as the destroyed structure in accordance with the previously approved Site Development Plan, provided that a building permit is issued with two (2) years from the date such structure was destroyed and reconstruction begins within six (6) months after issuance of the building permit. The Planning Board may approve an extension for good cause shown up to a maximum two additional years to obtain a building permit and begin construction. Structures and improvements constructed under this Section 125.0.A.9.f.(3) shall not be limited by or counted against development levels in the Downtown Columbia Plan or the maximum Downtown Net New level of development permitted by Section 125.0.A.9.c.

Additional Requirements.

(1)

The maximum building height permitted for Downtown Revitalization shall conform to the building height shown on the Downtown Maximum Building Height Plan and shall not exceed twenty stories.

(2)

Any Downtown Revitalization Development shall provide for art in the community that is equivalent in value to 1% of the building construction cost.

(a)

Art must be provided:

(i)

On site;

(ii)

On other property located within Downtown Revitalization Development provided with the written consent of the owner of the fee simple property; or

(iii)

The petitioner may pay a fee in-lieu of providing art on-site that is equivalent in value to 1% of the building construction cost.

(b)

Art may be provided in combination with other Downtown Revitalization Developments.

(c)

Each in-lieu fee must be paid prior to issuance of a use and occupancy permit for the first building in the project that generates the requirement, and the collected funds must be used to provide art on property within Downtown Revitalization Developments.

(d)

If the value of the art provided on site or in combination with other projects exceeds 1% of the building construction cost, then the excess value beyond 1% can be credited towards the requirements of this subsection for a subsequent-Final Development Plan subject to the procedures and requirements set forth in this subsection.

(e)

The following construction projects are not subject to the requirements of this section:

(i)

Construction of places of worship and their accessory uses.

(ii)

Renovations to existing or construction of new cultural facilities which include facilities located within a Downtown Arts and Entertainment Park, Downtown Arts, Cultural and Community Uses, and Downtown Community Commons.

(iii)

Parking Structures.

(iv)

Renovations to existing buildings or structures required by government mandated code compliance construction projects, such as projects exclusively designed for compliance with the Americans with Disabilities Act ("ADA"), the Maryland Accessibility Code, the National Fire Protection Association (NFPA) Life Safety Code, and/or fire sprinkler retrofits.

(3)

Except as provided in paragraph (4) of this Subsection, a developer of residential units shall provide affordable units as follows:

(a)

15% of all Net New dwelling units in buildings with 5 or fewer stories of residential units shall be affordable as defined by Howard County's Moderate Income Housing Unit program set forth in Title 13, Subtitle 4 of the Howard County Code;

(b)

12% of all Net New dwelling units in buildings with greater than 5 stories of residential units shall be affordable as defined by Howard County's Moderate Income Housing Unit program set forth in Title 13, Subtitle 4 of the Howard County Code;

(c)

A developer of rental units may not utilize optional methods or alternative compliance as described in Section 13.402 of the Howard County Code and shall provide all of the affordable units:

(i)

On the site of the development project;

(ii)

In the same ratio of unit types as proposed for the development; and

(iii)

Evenly distributed within each phase of development; and

(d)

A developer of units offered for sale may, if approved, utilize optional methods or alternative compliance as described in Section 13.402 of the Howard County Code.

(4)

Paragraph (3) shall not apply if the County determines that the purposes of the Affordable Housing requirements of the Zoning Regulations and Title 13, Subtitle 4 of the Howard County Code will be served to a greater extent by entering into a Development Rights and Responsibilities Agreement with the developer in accordance with Title 16, Subtitle 17 of the Howard County Code if the property is identified for the development of affordable housing in an approved Development Rights and Responsibilities Agreement and appropriate covenants are recorded against the property consistent with the agreement. If a Development Rights and Responsibilities Agreement is approved and subsequently terminated, all development for which a site development plan has not received Technically Complete approval prior to the date on which the Development Rights and Responsibilities Agreement is terminated shall comply fully with the requirements set forth in paragraph (3) regardless of the number of affordable units developed under the Development Rights and Responsibilities Agreement. Development pursuant to a site development plan which received Technically Complete approval before the termination of the Development Rights and Responsibilities Agreement shall be subject to the Development Rights and Responsibilities Agreement.

Open Space Preservation and Enhancement.

(1)

For the purpose of enhancing, preserving, conserving and increasing open space for enjoyment by the public, all land designated as credited open space on a Final Development Plan recorded prior to April 6, 2010 and depicted on the Downtown Open Space Preservation Plan shall, except as provided within this section, retain its character as one of the following four land types, as depicted on the Downtown Open Space Preservation Plan:

(a)

Downtown Environmentally Sensitive Land Area.

(b)

Downtown Parkland.

(c)

Downtown Community Commons.

(d)

Downtown Arts and Entertainment Park.

(2)

Construction of improvements that are included within one of the four above land type definitions in these Regulations is deemed to conform to and does not change the character of the land type as designated on the Downtown Open Space Preservation Plan.

(3)

There shall be no net loss of existing Downtown Community Commons as depicted on the Downtown Open Space Preservation Plan.

(4)

New Downtown Community Commons shall be provided in accordance with the following requirements:

(a)

A minimum of 5% of the land located within Downtown Columbia that has not previously been designated as either (I) open space or (II) public right of way as shown on the Downtown Open Space Preservation Plan shall be provided as new Downtown Community Commons land.

(b)

Downtown Community Commons may be located within areas designated as open space under a previously approved Final Development Plan. However, land counted toward the minimum requirement for new Downtown Community Commons land shall not include any environmentally sensitive land or land designated as credited open space on a recorded Final Development Plan for the purpose of fulfilling the 36% minimum open space requirement in the NT District.

(c)

New Downtown Community Commons shall include sites of a character and location that are generally consistent with the amenity spaces shown on the Downtown Primary Amenity Space Framework Diagram and other sites which shall be identified and improved to enhance neighborhood development.

(d)

Except for any neighborhood comprised entirely of land recorded as open space prior to April 6, 2010, each neighborhood shall include at least one Downtown Neighborhood Square. At least one Downtown Community Commons that meets the definition of Downtown Neighborhood Square in these Regulations and all the provisions of this section shall be completed and deeded to Howard County for public land as described in the Downtown Columbia Plan.

(e)

The boundaries of all existing and new Downtown Community Commons shall be delineated on the proposed Final Development Plan with the total land area of each.

(f)

New Downtown Community Commons must be constructed prior to occupancy of more than 50% of all existing and proposed buildings having a façade adjacent to the space, or in accordance with a phasing plan approved as part of the Final Development Plan.

(g)

Each Final Development Plan shall designate 5% of the area that has not been previously designated as either open space or public right-of-way as Downtown Community Commons; except that if more than 5% is designated as Downtown Community Commons on any given Final Development Plan, the excess beyond 5% can be credited towards the Downtown Community Commons obligation on a subsequent Final Development Plan with the written consent of the fee simple owner of the land on which the Downtown Community Commons to be credited is located.

(5)

Except as provided below, there shall be no net loss in the total area of existing Downtown Parkland as depicted on the Downtown Open Space Preservation Plan and only Downtown Parkland uses are permitted:

(a)

In exchange for the use of Downtown Parkland for any other use, including other open space uses, each acre of Downtown Parkland or portion thereof being developed must be replaced with one acre of newly designated Downtown Parkland.

(b)

Any area newly designated as Downtown Parkland in exchange for existing Downtown Parkland must consist of at least one contiguous acre.

(c)

Downtown Environmentally Sensitive Land Area recorded after April 6, 2010 may not be exchanged to replace Downtown Parkland.

(6)

Land designated as open space on a Final Development Plan recorded prior to April 6, 2010 on which a public facility such as a library or fire station has been constructed may be designated as Downtown Mixed-Use on an amended Final Development Plan, but may only be redeveloped after a replacement public facility is operating at an alternative location within Downtown Columbia.

(7)

All types of Downtown open space should be designed and maintained to further the sustainability goals for Downtown Columbia, as described in the Design Guidelines and Sustainability Framework, through innovative design, construction and environmental enhancements and rehabilitation.

Phasing and Implementation.

(1)

No permit for land disturbance activity in any phase of the Downtown Revitalization Phasing Plan shall be issued for Downtown Revitalization unless (I) the Community Enhancements, Programs and Public Amenities (CEPPAS) have been provided in accordance with the Downtown CEPPA Implementation Chart and CEPPA Flexibility Provisions, except as provided in Section 125.0.A.9.I.2 [this section reference in CB59-2009 is incorrect, should be Section 125.0.A.9.h(2)] and (II) building permits have been approved for at least the minimum levels of development identified in the Downtown Revitalization Phasing Plan for the preceding phase for retail, office, residential and hotel land use types.

(2)

In no case shall the obligation to provide a Community Enhancement, Program or Public Amenity (CEPPA) be triggered:

(a)

By the development or construction of Downtown Arts, Cultural and Community Uses, Downtown Community Commons, or Downtown Parkland; or

(b)

When the development of an individual parcel of land shown on a plat or deed recorded among the County Land Records as of April 6, 2010 consists only of up to a total of 10,000 square feet of commercial floor area and no other development.

(3)

If a specific CEPPA identified in the Downtown CEPPA Implementation Chart cannot be provided because: (I) the consent of the owner of the land which the CEPPA is to be located or from whom access is required cannot reasonably be obtained; (II) all necessary permits or approvals cannot reasonably be obtained from applicable governmental authorities; or (III) factors exist that are beyond the reasonable control of the petitioner, then the Planning Board shall (I) require the petitioner to post security with the County in an amount sufficient to cover the cost of the original CEPPA; or (II) approve an alternate CEPPA comparable to the original and appropriate timing for such alternate CEPPA or alternative timing for the original CEPPA. In approving an alternate comparable CEPPA or timing, the Planning Board must conclude the alternate comparable CEPPA or timing: (I) does not result in piecemeal development inconsistent with the plan; (II) advances the public interest; and (III) conforms with the goals of the Downtown Plan.

(4)

A Final Development Plan or Final Development Plan Amendment may also propose adjustments to the Downtown Revitalization Phasing Plan and/or the Downtown CEPPA Implementation Chart to take advantage of a major or unique employment, economic development or evolving land use concept or opportunity. The Planning Board may approve a request to adjust the Downtown Revitalization Phasing Plan or the Downtown CEPPA Implementation Chart under this provision only if such approval would (I) not be detrimental to the overall vision for Downtown Columbia expressed in the Downtown Columbia Plan; (II) not create an adverse community or economic impact; and (iii) establish a reasonable schedule for completion of any requested comparable alternative CEPPA.

10.

Anything in other sections of these Regulations to the contrary notwithstanding, there shall be no restrictions upon the use of, or on the erection of structures on, land within an NT District, other than such as are provided in the various subsections of this section or in such other sections of these Regulations as are expressly stated to be applicable by the various provisions of this section. Nothing herein shall render inapplicable any regulation of the County relating to construction requirements and/or subdivision approval to the extent that any of the same are not inconsistent with the provisions of this section.

11.

Notwithstanding any other provisions in this Section 125.0, if the criteria in a recorded Final Development Plan identifies a gasoline service station or Motor Vehicle Fueling Facility as a specific permitted use, a newly proposed Motor Vehicle Fueling Facility is permitted only upon approval by the Planning Board after a public hearing where the petitioner establishes that the general standards and specific criteria in Section 131.0 which are applicable to a conditional use for a Motor Vehicle Fueling Facility are met. To the extent there is any conflict between the criteria in the recorded Final Development Plan and the general standards and specific criteria for a Conditional Use for a Motor Vehicle Fueling Facility in Section 131.0, the more restrictive provision shall apply.

(Bill No. 46-2016(ZRA-159), § 1, 10-5-2016; Bill No. 54-2016(ZRA-170), § 1, 1-14-2017)

Procedure for Creation of NT Districts

The beneficial owner of any tract of land in Howard County meeting the requirements of Section 125.0 may petition the Howard County Zoning Board to designate the property described in the petition as an NT District. The petition shall contain:

The exact name and address of the petitioner and a reference to the liber and folio of the Land Records of Howard County at which the deed conveying the property in question to the petitioner is recorded. If the petitioner is not the legal as well as beneficial owner of the property, the petition shall:

(1)

So state;

(2)

List the exact name and address of the legal title holder and give a reference to the liber and folio of the Land Records of Howard County at which the deed conveying the property to the legal title holder is recorded, and

(3)

Contain a written assent to the petition signed by the legal title holder.

A metes and bounds description of the property covered by the petition and a survey thereof demonstrating that the same meets the requirements of Section 125.0.A.3.

A Preliminary Development Plan of the property covered by the petition. As used in this Section the term "Preliminary Development Plan" shall mean a generalized drawing or series of drawings of the proposed New Town, with appropriate text materials, setting forth:

(1)

The major planning assumptions and objectives, including the projected population, the planned development schedule, the method of assuring that all open space uses will be permanently maintained and devoted to open space uses, the proposed public transit system routes and method of operation, and the facilities for the proposed cultural activities of the New Town;

(2)

The proposed general layout of major roads and highways stating projected average daily traffic flows;

(3)

A statement of the number of acres within the proposed NT District intended to be devoted to:

(a)

Residential uses, broken down into the number of acres to be used for each of the following specific residential uses:

Single-family—low density areas;

Single-family—medium density areas;

Apartment areas;

(b)

Employment uses (i.e. any use involving the employment of individuals, including office buildings, private schools, hospitals, institutions, commercial undertakings, industrial enterprises, and all other forms of business, professional or industrial operations); and

(c)

Open space uses.

(4)

The general location of the uses referred to in subparagraph (3) above, including proposed sites for recreational uses, schools, parks and other public or community uses and, to the extent the petitioner has determined locations for commercial uses at the time of the filing of the Preliminary Development Plan, including a separate designation of commercial areas;

(5)

A description of the proposed drainage, water supply, sewerage and other utility facilities including projected flows; and

(6)

A statement of the intended overall maximum density of population of the proposed NT District, expressed in terms of the average number of dwellings per acre.

The Preliminary Development Plan shall indicate the location and nature of any commercial uses in relation to residential areas. All proposed and identified commercial or industrial uses shall be indicated on the drawings in areas marked "Employment Centers," defined as those areas shown on the Preliminary Development Plan which the petitioner proposes to develop for employment uses.

The Zoning Board shall consider the following guides and standards in reviewing the petition: the appropriateness of the location of the NT District as evidenced by the General Plan for Howard County; the effect of such District on properties in the surrounding vicinity; traffic patterns and their relation to the health, safety and general welfare of the County; the physical layout of the County; the orderly growth of the County; the availability of essential services; the most appropriate use of the land; the need for adequate open spaces for light and air; the preservation of the scenic beauty of the County; the necessity of facilitating the provision of adequate community utilities and facilities such as public transportation, fire-fighting equipment, water, sewerage, schools, parks and other public requirements, population trends throughout the County and surrounding metropolitan areas and more particularly within the area considered; the proximity of large urban centers to the proposed NT District; the road building and road widening plans of the State and County, particularly for the area considered; the needs of the County as a whole and the reasonable needs of the particular area considered; the character of the land within the District and its peculiar suitability for particular uses; and such other matters relevant and pertinent to the relationship of the District to the comprehensive zoning plan of the area.

The petition shall be granted only if the Zoning Board affirmatively finds:

That the petition complies with the provisions of these Regulations;

That a New Town District should be located at the proposed site; and

That the Preliminary Development Plan constitutes a general land use plan for the area covered thereby, designed to meet the objectives set forth in these Regulations.

If the petition is granted, the Zoning Board shall by Decision and Order approve the Preliminary Development Plan and shall create a New Town District covering all of the land included in the petition. If the proposed NT District contains more than 2,500 acres, the creation of the District may be accomplished by rezoning all of the land included in the petition at one time or, in the discretion of the Zoning Board, by rezoning the same in phases. If this latter course is taken:

The area included in the first such phase shall be at least 2,500 acres, and each additional phase shall be of such size and at such location or locations as will permit effective and economic development of the portion so zoned as a part of the New Town shown on the Preliminary Development Plan; and

The overall density restrictions, the density restrictions as to particular use areas, and the restrictions as to the maximum and minimum areas devoted to particular uses shall be applied with respect to the entire area shown on the Preliminary Development Plan and not merely with respect to the area of the phase so zoned.

If the petition is granted as above provided:

A copy of the Preliminary Development Plan shall be certified as approved by the Zoning Board and a verified copy of the same shall be forwarded to the Department of Planning and Zoning and the petitioner;

No further permanent improvements involving any new primary uses shall thereafter be erected on and no new primary uses made of, any part of the land within the new NT District prior to the approval of the Final Development Plan (or the phase thereof covering such development) as hereinafter provided, except for such as may be specifically approved by the Planning Board, but the petitioner shall discontinue any such use and demolish any such improvements so permitted by the Planning Board if such use and such improvements are not ultimately permitted by the Final Development Plan.

If the Zoning Board has approved a petition to create a NT District, then at any time thereafter the original petitioner may file a new petition to add to the NT District additional land which is owned by the petitioner and adjacent to the existing NT District. The new petition shall be subject to all the provisions of this Section, except that the minimum area requirement of Section 125.0.A.3 shall not apply.

Comprehensive Sketch Plan

Except as provided in Section 125.0.E.1.a, within 30 days following notification of the approval of the Preliminary Development Plan, the petitioner shall notify the Planning Board of the target date for the presentation to the Planning Board of a proposed Final Development Plan of the NT District, pursuant to Section 125.0.D below, or of the first phase of a proposed Final Development Plan, if the petitioner desires to develop the NT District in separate geographical segments.

Promptly following the giving of such notice to the Planning Board, the petitioner shall file with the Department of Planning and Zoning for Planning Board approval of a Comprehensive Sketch Plan for that geographical phase of the NT District which the petitioner elects to develop.

As used herein, the term "Comprehensive Sketch Plan" shall mean a drawing or series of drawings, at an appropriate scale, of generally either one inch equals 200 feet or one inch equals 100 feet, setting forth:

The approximate boundaries and approximate acreage for each of the proposed land uses in sufficient detail to graphically illustrate the application of the adopted master final development plan criteria to the area encompassed by the Comprehensive Sketch Plan.

The location of all existing and proposed public streets, roads, and utilities.

The location of open space within which recreational, school, park and other public or community uses are permitted.

Text material (criteria) regulating the following:

(1)

The general locations for all structures.

(2)

The permitted "general use" or "specific use" as hereinafter defined, for each land use area, except that no uses shall be specified which are permitted only in R-MH or M-2 Districts.

Where the criteria designate the use for a particular structure, lot or parcel, as "uses permitted in a District" (e.g., "uses permitted in a B-1 District"), then the structure, lot or parcel may be used for all uses permitted in the particular district by the several sections of these Regulations, the use so designated being herein referred to as a "general use."

Where, however, the criteria designate a structure, lot or parcel for a specific use or uses (e.g., "gasoline station") the structure, lot or parcel must be used for those specific uses only, the use(s) so designated being herein referred to as "specific use(s)."

(3)

Height limitations, parking requirements, front, side and rear yard areas, setback provisions, minimum lot sizes and coverage requirements, stated generally and/or specifically with respect to particular improvements or types of improvements.

The Planning Board shall hold a public hearing prior to the approval of a Comprehensive Sketch Plan under the following conditions:

If the Comprehensive Sketch Plan includes land which borders on property not within the New Town District (unless the owners of all lands abutting the New Town District land covered by the Comprehensive Sketch Plan shall sign a written waiver of the right to be heard in connection with the request for approval of said plan).

If the Comprehensive Sketch Plan deviates from the approved Preliminary Development Plan in any of the following particulars:

(1)

If the overall maximum density of population within the NT District exceeds that stated in the Preliminary Development Plan; or

(2)

If the number of acres to be devoted to the permitted employment uses shall be increased more than 10%, or the number of acres to be devoted to permitted residential uses shall be decreased by more than 10%, from that stated in the Preliminary Development Plan; or

(3)

If the proposed Comprehensive Sketch Plan shows a use of land in the NT District within 300 feet of any outside boundary thereof which differs from that shown on the Preliminary Development Plan, unless the owners of all land abutting the NT District and within 300 feet of the land in the NT District, the use of which is to be changed, sign a written waiver of the right to be heard in connection with such change in use.

If a public hearing is required to be held for any of the above three deviations from the Preliminary Development Plan, such hearing shall be limited to the particular deviation(s) which required the hearing, and the Planning Board shall require publication of Notice of Hearing and posting of the property.

If the criteria submitted as a part of the Comprehensive Sketch Plan include a gasoline service station among the specified land uses.

In acting upon a Comprehensive Sketch Plan, the Planning Board shall be guided by Section 125.0 of these Regulations and shall particularly consider:

The adequacy of the roads serving the proposed development and any proposed mitigation, in accordance with the Adequate Public Facilities Ordinance (Title 16, Subtitle 11 of the Howard County Code).

The location and adequacy of public utility and community facilities, including recreational uses and school properties, in relation to the density and distribution of population.

The location, extent and potential use of open space in the form of greenbelts, walkways, parkways, park land, etc., as it affects the general amenity of the community.

The impact of the proposed commercial and industrial uses on the residential uses within the NT District or adjacent thereto.

After review of the material submitted in light of the General Plan, and after carefully considering public agency comments, petitioner's testimony, public hearing testimony and the factors set forth in Section 125.0.C.5 above, the Planning Board shall:

Approve the Comprehensive Sketch Plan as submitted by the petitioner; or

Approve the Comprehensive Sketch Plan as changed by the Planning Board; or

Reject the Comprehensive Sketch Plan in its entirety.

The Planning Board shall not unreasonably disapprove or change a proposed Comprehensive Sketch Plan. The fact that the proposed Comprehensive Sketch Plan is not in conformity with the Preliminary Development Plan shall be sufficient ground for disapproval or change. The Planning Board shall approve no Comprehensive Sketch Plan which varies the areas of uses below the minimum or above the maximum percentages for particular uses specified herein.

Final Development Plan—General Provisions

If a Comprehensive Sketch Plan or Comprehensive Sketch Plan Amendment is required, upon its approval, the petitioner may submit a Final Development Plan or Final Development Plan Amendment to the Department of Planning and Zoning for approval by the Planning Board. The petition may cover all or a portion of the land covered by the Comprehensive Sketch Plan. The drawings shall delineate the various land use areas by courses and distances. The text (criteria) shall be that which was approved by the Planning Board as part of the Comprehensive Sketch Plan.

The Final Development Plan shall be considered by the Planning Board at a public meeting. In acting upon the Final Development Plan, the Planning Board shall be guided by the approved Comprehensive Sketch Plan, and comments received from the various public agencies which reviewed the Final Development Plan, and shall not unreasonably disapprove or change the Final Development Plan. The provisions of this Section 125.0.D.2 do not apply to Downtown Revitalization.

At the time of the approval of the Final Development Plan, the Planning Board may provide for the subsequent approval by it of a Site Development Plan pertaining to the property which is the subject matter of such Final Development Plan. Site Development Plan approval is also required for all Downtown Revitalization. Site Development Plan approval shall not be a condition precedent to the approval and recordation of the Final Development Plan with respect to which a Site Development Plan is to be submitted, but shall be in addition to any administrative approvals required by the Subdivision and Land Development Regulations. Land use decisions made by the Planning Board as part of the approval of a Final Development Plan or Final Development Plan Amendment shall not be subject to review or further consideration as part of the subsequent Site Development Plan process.

In applying the provisions of this Section, where the proposed Final Development Plan is submitted in phases, the overall population density and the acres devoted to particular uses shall be recomputed by the Department of Planning and Zoning upon the consideration of each successive phase of proposed Final Development Plan so as to include all prior phases, but in making these recomputations, the gross area of the entire NT District covered by the Preliminary Development Plan shall be considered and not merely the area of the segments covered by the prior phases of the proposed Final Development Plan and the current phase being submitted for approval. The provisions of this Section 125.0.D.4 do not apply to Downtown Revitalization.

If the Planning Board shall disapprove the proposed Final Development Plan or Final Development Plan Amendment (or any phase thereof) or shall fail to approve or disapprove the same within 120 days after submission, then the petitioner, at his election, may take an appeal as permitted by law or may submit the proposed Final Development Plan or Final Development Plan Amendment (or the phase thereof in question) directly to the Zoning Board. If the petitioner pursues the latter course, the Zoning Board shall hold a public hearing on the proposed Final Development Plan or Final Development Plan Amendment (or the phase thereof in question), shall require publication and posting of the property and shall ask for recommendations from the Planning Board, all as in the case of the hearing on the Preliminary Development Plan. After such hearing, the Zoning Board may approve, with or without changes, or disapprove the proposed Final Development Plan or Final Development Plan Amendment (or the phase thereof in question). In making this decision, the Zoning Board shall consider the matters set forth herein.

Upon approval of the Final Development Plan or Final Development Plan Amendment (or upon the approval of each phase thereof if submitted on a separate segment basis) the same shall be recorded among the Land Records of Howard County and the provisions thereof as to land use shall bind the property covered with the full force and effect of specific Zoning Regulations. After such recordation, no new structure shall be built, no new additions to existing structures made, and no change in primary use effected different from that permitted in the Final Development Plan or Final Development Plan Amendment except by an amendment to the Final Development Plan.

Unless otherwise provided in a Downtown Implementation Phasing Plan approved as part of a Final Development Plan or Final Development Plan Amendment, if construction has not been commenced and completed to the extent of 25% of the ground floor area of a structure shown on the Final Development Plan within five years after the date of the approval thereof (or the date of the approval of the last phase thereof if submitted in phases), then the approval shall be void and the entire matter resubmitted to the Planning Board for reconsideration in light of existing circumstances to the same extent as if the same were simply a proposed Final Development Plan; provided, however, that the Zoning Board may grant not more than two extensions of time of one year each to be added to said five year period if it considers such extension to be proper after the receipt and consideration of a report and recommendation from the Planning Board with respect to such extension or extensions.

Any construction which has been commenced shall not be subject to reconsideration upon any resubmission of a Final Development Plan under this Section, and the Planning Board shall make no changes in the Final Development Plan except in relation to areas where construction has not been commenced. During any such reconsideration the property covered by the Final Development Plan shall continue to be bound until such Plan is changed or disapproved in the manner described above.

If the Planning Board has denied a land use which was shown on a Final Development Plan or Final Development Plan Amendment and which would be a Conditional Use in any other zoning district, a petition for the same land use on the same parcel shall not be accepted for consideration by the Planning Board for a period of 12 months from the date of said denial except on grounds of new evidence or proof of changed conditions found to be valid by the Planning Board.

10.

Except where expressly made inapplicable, the provisions of this Section 125.0.D also apply to Downtown Revitalization.

Final Development Plan—Downtown Revitalization

Required Process for Downtown Revitalization and Relation to Prior Adopted New Town Document.

The following development review process is required for all Downtown Revitalization, with the exception of Downtown Environmental Restoration Projects that are not part of a plan that includes other uses. The fee simple owner of any property located in Downtown Columbia using the Downtown Revitalization process shall submit a Final Development Plan or Final Development Plan Amendment to the Department of Planning and Zoning for approval by the Planning Board. An amendment to the Preliminary Development Plan or any previously approved applicable Comprehensive Sketch Plan or Final Development Plan is not required because Final Development Plans for Downtown Revitalization will supersede previous New Town documents.

Pre-Submission Requirements.

Prior to filing a Final Development Plan or Final Development Plan Amendment in each neighborhood for Downtown Revitalization:

A Pre-submission Community Meeting is required using the same procedures established in Section 16.128(b)—(g) of the Subdivision and Land Development Regulations. In addition, notice in accordance with Sections 16.128(b)-(g) must also be given to:

(1)

Each Village Board;

(2)

The Columbia Association; and

(3)

Each property located within the same Downtown Columbia Plan neighborhood as reflected on the Maryland State Department of Assessments and Taxation Public Records. For condominium properties, one copy to the Condominium Association shall be deemed to meet this requirement.

The concept plans and materials required under Section 125.0.E.4.a. must be presented at the pre-submission community meeting.

The petition is required to submit proposed Downtown Neighborhood Design Guidelines for review by the Design Advisory Panel, for its recommendations in accordance with the applicable provisions in Title 16, Subtitle 15 of the Howard County Code. The Design Advisory Panel shall base its review and recommendations on the Downtown-Wide Design Guidelines. For neighborhoods with approved Design Guidelines, subsequent Final Development Plans or Final Development Plan Amendments that do not propose modifications to the guidelines do not require further Design Advisory Panel review.

Final Development Plan Submission Requirements.

The Petitioner for a Final Development Plan or Final Development Plan Amendment shall include the following information, as applicable, for the land area covered by the plan:

The following neighborhood documents are only binding on property included within the boundaries of the Final Development Plan and are intended to provide a context for evaluation of the initial Final Development Plan and guidance for future Final Development Plan petitions:

(1)

A Neighborhood Concept Plan covering an entire neighborhood of Downtown Columbia as depicted on Exhibit E. The Neighborhoods:

(a)

A Neighborhood Concept Plan must show how the plan conforms with the neighborhood as described in the Street and Block Plan, the Neighborhoods Plan, the Maximum Building Height Plan, the Primary Amenity Space Framework Diagram, the Street Framework Diagram, the Bicycle and Pedestrian Circulation Plan, and the Downtown Open Space Preservation Plan of the Downtown Columbia Plan;

(b)

The Neighborhood Concept Plan must reflect any previously approved Final Development Plan for Downtown Revitalization, and any approved Site Development Plan for Downtown Environmental Restoration within the same Downtown Neighborhood; and

(c)

Each Neighborhood Concept Plan that is part of an approved Final Development Plan must be recorded with the Final Development Plan.

(2)

Neighborhood Specific Design Guidelines.

For new development or redevelopment, neighborhood specific Design Guidelines must be submitted for an individual neighborhood with the Final Development Plan and shall address the following:

(a)

Urban design, including scale and massing, block configuration, parking and service functions, building entrances, and street lighting and furniture;

(b)

Street design and framework;

(c)

Downtown Community Commons and Downtown Parkland;

(d)

Architectural design;

(e)

Green building and green site design;

(f)

Pedestrian and bicycle circulation features; and

(g)

Signage.

(3)

Neighborhood Specific Implementation Document.

A Neighborhood-Specific Implementation Plan, in conformance with the Downtown Revitalization Phasing Plan and the Downtown Community Enhancements, Programs and Public Amenities Implementation Chart approved as part of the Downtown Columbia Plan, which addresses the implementation schedule and benchmarks for the following:

(a)

The balance of uses within each implementation phase;

(b)

The phasing of Downtown Mixed-Use Development;

(c)

The phasing of Downtown Community Commons Spaces;

(d)

The phasing of the transportation and circulation facilities;

(e)

The phasing of the required infrastructure including public water and sewer;

(f)

Transportation and circulation facilities;

(g)

Environmental restoration;

(h)

Downtown Arts, Cultural and Community Uses; and

(i)

Any other items as specified in the Downtown Community Enhancements, Programs and Public Amenities Implementation Chart.

An explanation and rational for any change from the Downtown Columbia Plan exhibits or any neighborhood documents and materials that were part of a previously approved Final Development Plan. Limited change to building height is allowed based on compatibility, character and height of nearby existing and planned development and redevelopment, and open spaces in the area. However, in no event shall the maximum building height for Downtown Revitalization exceed twenty stories;

Boundaries of the property covered by the Final Development Plan;

Existing topography, woodlands, and 100-year floodplain areas;

A context plan showing existing road connections, major pedestrian networks, land uses and major storm water management facilities, and open space within the entire plan area and adjoining land within 500 feet;

Total acreage within the area covered by the plan;

Location of developed and undeveloped land and parcels;

From approved Site Development Plans for the area covered by the plan;

(1)

Summary of all existing and approved development;

(2)

The square footage of proposed office, retail, and hotel space;

(3)

The square footage of any other non-residential uses;

(4)

The number of proposed hotel and motel rooms; and

(5)

The number of proposed dwelling units.

The approximate location and total land area of the following existing and/or proposed land uses:

(1)

Downtown Arts and Entertainment Parks;

(2)

Downtown Community Commons;

(3)

Downtown Environmentally Sensitive Land Areas; (see Errata at end of Section 125.0)

(4)

Downtown public facilities;

(5)

Downtown Parklands; and

(6)

Downtown Mixed-Uses.

The general location of existing and proposed Downtown signature buildings;

Traffic and transit circulation systems showing existing and proposed streets, routes and facilities;

A traffic study as specified in the Howard County Adequate Public Facilities Ordinance for the evaluation of the adequacy of transportation facilities;

An explanation of how the proposed development addresses the environmental concepts of the Downtown Columbia Plan, and specifically addressing the concepts of green buildings and green site design;

The locations and descriptions of historic and culturally significant existing sites, buildings or structures, and public art and an explanation of the methods proposed to retain and preserve these items;

A statement describing how the petitioner proposes to fulfill the art in the community requirement;

A statement describing how the petitioner proposes to fulfill the affordable housing requirement;

Layout of the existing and proposed bicycle and pedestrian circulation systems;

Conceptual storm water management plan;

A proposed plan for fulfilling required community enhancements, programs and public amenities applicable to the Final Development Plan; and

Text material regulating the following:

(1)

Maximum number and unit types of net new dwellings;

(2)

Maximum gross floor area of net new commercial office uses and commercial retail uses;

(3)

Maximum number of net new hotel rooms;

(4)

Maximum building heights;

(5)

Maximum size of a retail-use footprint;

(6)

A description of the Community Commons that will be included in the development;

(7)

A statement identifying (I) the cumulative amount of development approved and built to date under Section 125.0.A.9 and (II) the status of any Downtown Community Enhancements, (see Errata at end of Section 125.0) Programs and Public Amenities, Downtown Parkland, Downtown Community Commons, and infrastructure as addressed in the Downtown Columbia Plan;

(8)

Proposed location for environmental restoration; and

(9)

Proposed restrictions, agreements or other documents indicating a plan to hold, own, and maintain in perpetuity land intended for common, quasi-public amenity use and public art but not proposed to be in public ownership.

Planning Board Review and Approval Criteria

The Planning Board shall consider the Final Development Plan or Final Development Plan Amendment (see Errata at end of Section 125.0) at a public hearing. The Planning Board shall approve, approve with conditions, or deny the petition based on whether the petition satisfies the following criteria:

The Downtown Neighborhood Concept Plan, the Neighborhood Specific Design Guidelines, and the Neighborhood Specific Implementation Plan conform with the Downtown-Wide Design Guidelines, the Downtown Columbia Plan, the Street and Block Plan, the Neighborhoods Plan, the Maximum Building Heights Plan, the Primary Amenity Space Framework Diagram, the Street Framework Diagram, the Bicycle and Pedestrian Plan, and the Open Space Preservation Plan, or that any propose change(s) will not be detrimental to the overall design concept and phasing for Downtown Revitalization. Limited change in building heights may be approved based on compatibility, character and height of nearby existing and planned development and redevelopment, and open spaces in the area. However, in no event shall the maximum building height for Downtown Revitalization exceed twenty stories;

The Neighborhood Design Guidelines submitted with the Final Development Plan or Final Development Plan Amendment offer sufficient detail to guide the appearance of the neighborhood over time, and promote design features that are achievable and appropriate for Downtown Revitalization in accordance with the Design Guidelines and the Downtown Columbia Plan;

The Final Development Plan conforms with the Neighborhood Documents, the Revitalization Phasing Plan, the Downtown Community Enhancements, (see Errata at end of Section 125.0) Programs, and Public Amenities Implementation Chart and Flexibility Provisions, the Downtown-wide Design Guidelines, the Downtown Columbia Plan, the Street and Block Plan, the Neighborhoods Plan, the Maximum Building Heights Plan, the Primary Amenity Space Framework Diagram, the Street Framework Diagram, the Bicycle and Pedestrian Plan, and the Open Space Preservation Plan. Limited change in building heights may be approved based on compatibility, character and height of nearby existing and planned development and redevelopment, and open spaces in the area. However, in no event shall the maximum building height for Downtown Revitalization exceed twenty stories;

The Final Development Plan, when considered in the context of surrounding planned or existing development, provides a balanced mix of housing, employment, and commercial and arts and cultural uses throughout each phase;

The Final Development Plan satisfies the affordable housing requirement;

The bicycle, pedestrian, and transit network creates convenient connections throughout the subject area and connect, wherever possible, to existing and planned sidewalks, path, and routes adjoining the development;

The Final Development Plan protects land covered by lakes, streams or rivers, flood plains and steep slopes, and provides connections, where possible to existing and planned open space within the neighborhood and in surrounding area;

The Final Development Plan provides the location of Downtown Community Commons required under Section 125.0.A.9.h as indicated in the Neighborhood Concept Plan;

The Final Development Plan is in harmony with existing and planned vicinal land uses. In making this determination, the Planning Board shall consider, if appropriate:

(1)

Landscape features on the boundary of the plan area, which may include protection of existing vegetation or grade changes that provide a natural separation, or landscape planting;

(2)

The size of buildings along the edges of the plan area through limits on building height or other requirements;

(3)

The use and design of nearby properties and

(4)

The adopted Downtown Columbia Plan recommendations for height, building massing and scale, and neighborhood connectivity;

The development proposed by Final Development Plan is served by adequate public facilities, including any proposed mitigation or development staging in accordance with the Adequate Public Facilities Ordinances (Title 16, Subtitle 11 of the Howard County Code);

The Final Development Plan protects environmentally sensitive features and provides environmental restoration in accordance with the Downtown Columbia Plan;

The Final Development Plan protects any historic or culturally significant existing sites, buildings or structures, and public art;

The Final Development Plan proposes any appropriate plan to satisfy the requirement for art in the community;

The Final Development Plan provides a plan to hold, own, and maintain in perpetuity land intended for common, quasi-public amenity use and public art that is not publically owned, including, without limitation, any Downtown Community Commons, Downtown Parkland, Downtown Arts, Cultural and Community Use, and Downtown Neighborhood Square shown on the Final Development Plan; and

To better ensure conformance with the Community Enhancements, Programs and Public Amenities provisions, the Final Development Plan provides for a plan to establish membership in the Downtown Columbia Partnership and payment of the annual charges. Each Final Development Plan shall show a consistent means of calculating and providing the required annual charges.

Withdrawal

At any time prior to final action and within 30 days after final action by the Planning Board on a Final Development Plan or Final Development Plan Amendment, the petitioner may withdraw the petition.

Recordation of Final Development Plan and Neighborhood Concept Plan

The approved Final Development Plan containing the Neighborhood Concept Plan, the Neighborhood Specific Design Guidelines and the Neighborhood Specific Implementation Plan shall be recorded in the Land Records of Howard County.

Site Development Plan Required

Planning Board Approval of a Site Development Plan shall be required for all Downtown Revitalization.

Amendments to a Comprehensive Sketch Plan or Final Development Plan

Amendments Submitted by Original Petitioner

Except as allowed by Sections 125.0.F.2 and 125.0.F.3 below, only the original petitioner for the New Town District may propose amendments to an approved Comprehensive Sketch Plan or Final Development Plan. A proposed Comprehensive Sketch Plan Amendment shall be reviewed in accordance with Section 125.0.C above. A proposed Final Development Plan Amendment shall be reviewed in accordance with Section 125.0.D or 125.0.E. as applicable.

Additional Uses on Individual Lots in Residential Land Use Areas

Within areas designated on a Comprehensive Sketch Plan for residential land use, any property owner may propose amendments to the Final Development Plan to allow a particular use on his or her property which is not allowed by the Final Development Plan criteria. No amendment shall be proposed which would either alter the land use designation established by the Comprehensive Sketch Plan or allow an increase in residential density. The proposed amendment shall be considered in accordance with the following procedures:

The property owner shall submit the number of copies of the complete Final Development Plan as required by the Department of Planning and Zoning, with the proposed criteria amendments clearly noted on each copy, accompanied by an explanation of the request.

The proposal shall be considered by the Planning Board at a public hearing.

The Planning Board shall approve, approve with modifications or deny the proposed amendments to the Final Development Plan, stating the reasons for its action. The Planning Board shall approve the request only if it finds that:

(1)

The use is consistent with the land use designation of the property as established on the recorded Final Development Plan and compatible with existing or proposed development in the vicinity.

(2)

The use will not adversely affect vicinal properties.

If the use is approved:

(1)

The Planning Board may provide for the subsequent approval by it of a Site Development Plan for the property which is the subject of the proposal; and

(2)

Revised text for the Final Development Plan indicating the additional allowed use of the particular property shall be submitted by the applicant and recorded in the Land Records of Howard County.

The fee simple owner of any property located within Downtown Columbia may propose amendments to an approve Final Development Plan in accordance with Downtown Revitalization requirements.

Site Development Plans—General Provisions

Planning Board Approval

If the Planning Board reserved for itself the authority to approve a Site Development Plan and for all Downtown Revitalization, except as provided in "2" and "3" below, no permit shall be issued for any use until the Site Development Plan is approved by the Planning Board. The Site Development Plan shall be considered at a public meeting. The Petitioner, two weeks prior to the meeting, shall post the property in a prominent location and provide electronic notification to all Columbia Village Boards, the Columbia Association, Howard County Council members and pre-submission meeting attendees who provided email addresses.

Minor Additions and Modifications

Minor additions and modifications to Site Development Plans approved by the Planning Board and meeting the criteria below shall not require Planning Board approval. Also, minor new projects which have been granted a waiver of the Site Development Plan requirement by the Director of Planning and Zoning do not require Planning Board approval. However, all changes of use which require exterior site alterations shall require Planning Board approval.

Minor Projects Not Requiring Planning Board Approval:

Minor additions to structures, with a floor area no larger than 10% of the existing floor area of the main floor, not to exceed 5,000 square feet.

Minor new accessory structures if the location does not interfere with existing site layout (e.g. circulation, parking, loading, storm water management facilities, open space, landscaping or buffering).

Minor additions to parking lots comprising no more than 25% of the original number of parking spaces required, not to exceed 25 spaces.

Clearing or grading that does not exceed 5,000 square feet in area.

House-type revisions to approved Site Development Plans for single-family detached developments and for no more than 25% of the total number of dwelling units on the Site Development Plans for single-family attached or apartment developments.

Similar minor modifications as determined by the Department of Planning and Zoning.

Adjustments to Bulk Regulations for Individual Lots

Upon the request of the owner of a particular lot, the Planning Board may approve parking, setback, height, lot coverage, or other bulk requirements for such lot or parcel which differ from those required by the applicable Final Development Plan, in accordance with the following procedures:

A public meeting shall be held on the Site Development Plan requiring the adjustment. If no Site Development Plan is available, an accurate plot plan drawn to scale shall be submitted for Planning Board review at the public meeting.

A Site Development Plan or plot plan submitted for review shall clearly indicate the requirement from which relief is sought and the requested relief, and shall be accompanied by a written statement explaining the reasons for the requested adjustment.

In addition to the notice for public meetings required by the Planning Board's Rules of Procedure, the property that is the subject of the application shall be posted with the date, time, and place of the meeting for at least 15 days immediately before the public meeting.

The requested adjustment to the parking or bulk requirements shall be granted if the Planning Board finds that:

(1)

The adjustment will not alter the character of the neighborhood or area in which the property is located, will not impair the appropriate use or development of adjacent property, and will not be detrimental to the public welfare; and

(2)

The adjustment a) is needed due to practical difficulties or unnecessary hardships which arise in complying strictly with the Final Development Plan; and/or b) results in better design than would be allowed by strict compliance with the development criteria.

The Planning Board may approve, approve with conditions, or deny a requested adjustment.

Site Development Plan—Downtown Revitalization

Pre-submission Requirements.

Prior to filing a Site Development Plan for Downtown Revitalization that proposes any use, a pre-submission community meeting is required using the same procedures established in Sections 16.128(b)-(g) of the Subdivision and Land Development Regulations. In addition, notice in accordance with Sections 16.128(b)-(g) must also be given to each Village Board and the Columbia Association.

The Petitioner is required to submit the Site Development Plan for review by the Design Advisory Panel, for its recommendations in accordance with the applicable provisions in Title 16, Subtitle 15 of the Howard County Code. The Design Advisory Panel shall base its review and recommendations on the Neighborhood Design Guidelines.

Site Development Plan—Submission Requirements.

In addition to the submission requirements in Section 16.157 of the Howard County Code, the petition for a Site Development Plan (see Errata at end of Section 125.0) or Site Development Plan Amendment shall include the following information, as applicable, for the land area covered by the plan:

The applicable approved Final Development Plan.

A demonstration of how the Site Development Plan or Site Development Plan Amendment will implement and conform to the approved Final Development Plan or Final Development Plan Amendment, including provision of any required documentation relating to how the applicable Final Development Plan approval criteria and any imposed conditions are met by the submitted Site Development Plan or Site Development Plan Amendment.

Each Site Development Plan for Downtown Revitalization shall include a statement identifying (I) the cumulative amount of development approved and built, and (II) the status of any Community Enhancements, Programs and Public Amenities, Downtown Parkland, Downtown Community Commons and infrastructure as addressed in the Downtown Columbia Plan.

Planning Board Review and Approval Criteria.

The Planning Board shall approve, approve with conditions, or deny a Site Development Plan that proposes Downtown Revitalization based on whether the petition satisfies the following criteria:

The development conforms with the adopted Downtown Columbia Plan.

The development implements and conforms to the approved Final Development Plan or Final Development Plan Amendment including all applicable Final Development Plan approval criteria and conditions.

The development is well-organized in terms of the location of buildings and structures, downtown community commons, landscaping, pedestrian and vehicular circulation systems, and other Downtown Revitalization features.

If the development provides Downtown Community Commons and/or Downtown Parkland, they are reasonable and appropriate given the location, scale and anticipated intensity of adjacent uses in accordance with the Downtown Columbia Plan.

The maximum building heights will conform to the Final Development Plan.

The development satisfies the Downtown Public Art Program approved with the Final Development Plan or Final Development Plan Amendment approval.

The Site Development Plan satisfies the affordable housing requirements in accordance with the approved Final Development Plan and subsection A.9.f.(3) of this Section.

The development satisfies the Adequate Public Facilities Ordinance, if applicable.

The development indicates the manner in which any land intended for common or quasi-public use, but not proposed to be in public ownership, will be held, owned and maintained in perpetuity for the indicated purposes.

The petition is accompanied by documentation demonstrating membership in the Downtown Columbia Partnership including the required annual charges.

Minor adjustments to the general pedestrian, bicycle, and transit circulation system, road network, block configuration, and Downtown Community Commons shown on the Final Development Plan and Neighborhood Concept Plan may be approved as a part of the Site Development Plan, provided the adjustment(s) generally conforms with the Final Development Plan and will not be detrimental to the overall design concept and phasing for Downtown Revitalization.

At any time prior to final action and within 30 days after final action by the Planning Board on a Site Development Plan, the petitioner may withdraw the petition.

(Bill No. 54-2016(ZRA-170), § 1, 1-14-2017)

Site Development Plan—Downtown Environmental Restoration that is not part of a Final Development Plan

The petition for a Site Development Plan for a Downtown Environmental Restoration Project that is not part of a Final Development Plan shall meet the submission requirements in Section 16.157 of the Howard County Code.

Planning Board Review and Approval Criteria.

The Planning Board shall approve, approve with conditions, or deny a Site Development Plan that proposes a Downtown Environmental Restoration project based on whether the petition satisfies the following criteria:

The project conforms with the adopted Downtown Columbia Plan; and

The project conforms with the Downtown-Wide Design Guidelines pertaining to environmental restoration.

Village Center Redevelopment, Major

A proposal for a Major Village Center Redevelopment is not eligible for consideration under the process provided by Subsection B, C and D of this Section 125.0 and shall be filed only in accordance with the procedures of this Subsection F. The owner of any portion of a Village Center may propose a Major Village Center Redevelopment by filing a petition to amend an approved Preliminary Development Plan, Comprehensive Sketch Plan, or Final Development Plan for the owner's property in the Village Center. The owner ("petitioner")may propose amendments to allow any use or density, subject to the following limitations:

The amendment shall comply with Section 125.0.A.5.a. concerning M-2 and R-MH uses;

Uses not currently permitted by the Zoning Regulations are prohibited;

The amendment shall comply with Section 125.0.A.4. concerning the maximum residential density of 2.5 dwelling units per acre in the NT District; and

Any Major Village Center mixed-use Redevelopment shall be considered to be a "Commercial" use in the chart contained in Section 125.0.A.8. of the Regulations for purposes of calculating compliance with the chart's requirements as to the minimum and maximum percentage of "Commercial" in the total area of the New Town District. The Village Center Redevelopment shall not result in a net loss of open space.

Village Center Community Planning Process

Notice of Intent to Develop—At least 60 days prior to the required initial pre-submission meeting, the petitioner shall deliver to the Board of Directors of the Community Association (The "Village Board") of said Village Center and the Department of Planning and Zoning a Notice of Intent to Develop.

Village Center Community Plan—Within the ensuing 60 day period from the Notice of Intent to Develop, the Village Board may create or update a Village Center Community Plan, as follows:

(1)

A Village Center Community Plan may include but is not limited to:

(a)

The boundaries of the Village Center;

(b)

Planning and design concepts;

(c)

Minima, maxima, precise values, and specific requirements concerning, but not limited to, Village Center Amenity Areas, building heights, bulk requirements, parking, density, and permitted uses;

(d)

Whether the Village Board has architectural review as designated in the village covenants; and

(e)

Identification of any historical or signature aspects of the Village Center.

(2)

The Village Board may request assistance from Howard County Government.

(3)

A Village Center Community Plan may be submitted to the Department of Planning and Zoning and, if submitted, is available to the public in accordance with the Maryland Public Information Act.

Village Center Concept Planning Workshop—At least one week after the Notice of Intent to Develop and at least 30 days before the first pre-submission community meeting, the petitioner shall initiate and participate in a Village Center Concept Planning Workshop, as follows:

(1)

The workshop will be held in accordance with the procedural and notice provisions of Howard County Code Section 16.128; and

(2)

The purpose of the Village Center Concept Planning Workshop is to facilitate a collaborative planning discussion which may include but not limited to the following:

(a)

Village Center boundaries;

(b)

Any community redevelopment visions or existing Village Center Community Plans;

(c)

Planning and design concepts; and

(d)

Appropriate uses.

The results of the workshop should be used by the petitioner to create the Concept Plan and by the Village Board to create or update its Village Center Community Plan.

Nothing in this section shall be interpreted to preclude a Village Board from adopting a Village Center Community Plan prior to the filing of a Notice of Intent to Develop.

Pre-submission community meetings and requests for Community Response Statements:

Prior to petitioning to amend the Preliminary Development Plan, the petitioner is required to hold a pre-submission community meeting in accordance with Howard County Code Section 16.128. In addition to the written notice requirements of Howard County Section 16.128(c), the petitioner shall also notify in writing:

(1)

All property owners identified in the records of the State Department of Assessments and Taxation of properties within the geographic boundaries of the Village Center as proposed by the petitioner; and

(2)

The Board of Directors of the Community Association (The "Village Board") of all Village Centers.

Although Section 16.205 ordinarily requires only one pre-submission community meeting, a petitioner for a Major Village Center Redevelopment proposal is required to hold a minimum of two such meetings, the second of which shall be held at least 30 days after the initial meeting, allowing the petitioner to address any concerns or suggestions expressed at the initial meeting.

Subsequent to the first pre-submission community meeting and prior to filing the petition, the petitioner shall present the Concept Plan and Proposed Design Guidelines to the Design Advisory Panel for evaluation in accordance with the procedures established in Section 16.1500 of the Howard County Code. The Design Advisory Panel recommendations shall be forwarded to the Planning Board and the Zoning Board for their consideration of the Major Village Center Redevelopment.

Within two days after its acceptance of a petition for a Major Village Center Redevelopment, the Department of Planning and Zoning shall send a notice to the Village Board of the village in which the Village Center petitioning for redevelopment is located. The notice shall request that the Village Board submit a Community Response Statement outlining its comments on the redevelopment proposal. The notice shall direct the Village Board to:

(1)

Provide its responses to the Section 125.0.J.4.a. (8) criteria; (see Errata at end of Section 125.0)

(2)

Address its comments in terms of any other specific approval criteria the Village Board recommends be considered by the Zoning Board in its decision on the Major Village Center Redevelopment; and

(3)

Provide a response regarding:

(a)

The boundary of the Village Center proposed by the petitioner;

(b)

Planning and Design Concepts, including but not limited to how it fits into the surrounding area;

(c)

Whether the petition is in harmony with a Village Center Community Plan, if one exists;

(d)

Minima, maxima, precise values, and/or specific requirements concerning, but not limited to, Village Center Amenity Areas, building heights, bulk requirements, parking, density, and/or permitted uses; and

(e)

Whether the Village Board has architectural review as designated in the village covenants.

If the Community Response Statement is submitted to the Department of Planning and Zoning within 45 days after the date of the notice, the Community Response Statement shall be considered by the Department as the Technical Staff Report is being prepared. A submitted Community Response Statement becomes part of the public record for the Major Village Center Redevelopment case, and will be forwarded to the Planning Board prior to its initial meeting on the Zoning Board case.

Petition Information

The petition for amendment of the Preliminary Development Plan shall be to the Zoning Board and shall contain the following information:

(1)

The information set forth in Howard County Zoning Regulations Sections 125.0.B.1.a, b and c and 125.0.B.2.

(2)

A general description of the geographic boundaries, as proposed by the petitioner, of the Village Center which is the subject matter of the petition.

(3)

A copy of any covenants and/or deed restrictions of record.

(4)

A description of the Village Center including, the names of all property owners within the Village Center, the existing buildings and uses within the Village Center, and the proposed buildings and uses.

(5)

A concept plan that sets forth an informative, conceptual and schematic representation of the proposed redevelopment in a simple, clear and legible manner that provides information including, but not limited to the general site layout, proposed building types and uses, proposed number of dwelling units, square footage for non-residential projects, parking and traffic, pedestrian/bicycle circulation, proposed Village Center Amenity Area(s), exterior lighting and public transportation opportunities, general location and size of signage, landscape concept, any significant changes to topography and surface drainage, and the general location of natural features. In addition, the concept plan shall also comply with the plan information requirements specified in Section 100.0.G.2.a of the Zoning Regulations.

(6)

Proposed design guidelines which will be imposed upon the Major Village Center redevelopment and Village Center;

(7)

Comment on whether the proposed redevelopment is in harmony with the Village Center Community Plan; and

(8)

A justification statement which identifies the impacts of the proposed Major Village Center Redevelopment on the nature and purpose of the Village Center and its relation to the surrounding community. The justification statement shall demonstrate how the Village Center Redevelopment meets the following criteria:

(a)

The Village Center Redevelopment will foster orderly growth and promote the purposes of the Village Center in accordance with the planned character of the NT District;

(b)

The amount of commercial business floor area contained in the Village Center Redevelopment is appropriate to provide retail and commercial service to the village as a location for convenient, diverse commercial business uses which serve the local neighborhoods of the village and surrounding local community;

(c)

The Village Center Redevelopment will foster the purpose of a Village Center as a community focal point providing good opportunities for community interaction and communication;

(d)

The location and the relative proportions of the permitted uses for commercial businesses, dwellings, and open space uses, and the project design will enhance the existing development surrounding the Village Center Redevelopment;

(e)

The Village Center Redevelopment provides accessible useable landscaped areas such as courtyards, plazas or squares;

(f)

The Village Center Redevelopment is compliant with all applicable environmental policies and requirements, and provides new environmental improvements to the redevelopment area through the use of methods such as, but not limited to, green building standards, water conservation, natural drainage systems, the planting of native vegetation, the removal of existing invasive plants, the improvement of stormwater deficiencies, and following low impact development practices;

(g)

The Village Center Redevelopment fosters pedestrian and bicycle access;

(h)

Public transit opportunities are appropriately incorporated into the Village Center Redevelopment;

(i)

The Village Center Redevelopment is compatible with the surrounding community; and

(j)

The Village Center will continue to meet the definition of a New Town Village Center.

Zoning Board Action

In its evaluation of the proposed Major Village Center Redevelopment, the Zoning Board shall make findings on the following:

(1)

Whether the petition complies with the applicable general guides and standards set forth in Howard County Zoning Regulations Section 125.0.B.3;

(2)

Whether the proposed Major Village Center Redevelopment complies with the specific definition for a New Town Village Center;

(3)

Whether the petition complies with the Major Village Center Redevelopment criteria in Section 125.0.J.4.a.(8); and (see Errata at end of Section 125.0)

(4)

Regardless of the Zoning Board's findings on Subsections 5.a. (1) through (3) above, whether the petitioner's property is within the appropriate boundaries of the New Town Village Center.

Regardless of whether the Zoning Board conditionally approves or denies the petition, it shall make a decision on the Village Center boundaries.

The petition shall be granted only if the Zoning Board finds that the petition complies with these Regulations and that the amendment to the Preliminary Development Plan shall be permitted at the proposed site.

If the Zoning Board approves the petition, the Decision and Order of the Zoning Board shall:

(1)

Approve design guidelines for the village center;

(2)

Approve a concept plan;

(3)

Establish minima, maxima, precise values and specific requirements concerning, but not limited to, Village Center Amenity Areas, building heights, bulk requirements, parking, density and permitted uses; and

(4)

Establish the Village Center boundaries

In the Decision and Order, the Zoning Board may make any amendments or modifications to the proposed boundaries of the Village Center, the proposed design guidelines and the proposed concept plan and may establish any other criteria which it deems to be appropriate. All later approvals and decisions for the properties included in the concept plan are bound by and must be consistent with the Decision and Order of the Zoning Board.

If the petition is granted, reproducible copies of all approved plans, and copies of all approved supporting documents such as any development guidelines and standards and the design guidelines, shall be certified as approved by the Zoning Board and verified copies of the same shall be forwarded to the Department of Planning and Zoning, the Village Board, and the petitioner. All parties notified pursuant to Section 125.0.J.2, (see Errata at end of Section 125.0) and any other property owner within the boundaries decided by the Zoning Board, shall be provided with notice of the Zoning Board's Decision.

If the Zoning Board denies the petition, it may make a decision on the Village Center boundaries.

If the amendment to the Preliminary Development Plan is approved by the Zoning Board, then the petitioner is authorized to submit the amendments to the Comprehensive Sketch Plan and Final Development Plan in accordance with Howard County Zoning Regulations Section 125.0.C & D. (see Errata at end of Section 125.0)

If the Comprehensive Sketch Plan and Final Development Plan are approved in accordance with Howard County Zoning Regulations Section 125.0.J.5, (see Errata at end of Section 125.0) then the Petitioner is authorized to submit a Site Development Plan in accordance with the Howard County Zoning Regulations Section 125.0.G. (see Errata at end of Section 125.0)

Additional Planning Board Review Criteria for Major Village Center Redevelopments

In addition to the established criteria used by the Planning Board in its evaluation and approval of Comprehensive Sketch Plans, Final Development Plans, and Site Development Plans, for Major Village Center Redevelopment proposals the Planning Board shall make findings on whether the Comprehensive Sketch Plan, Final Development Plan, and Site Development Plan is in conformance with all the findings and conclusions of the Zoning Board Decision and Order for the Major Village Center Redevelopment.

Village Center Redevelopment, Minor

For a Minor Village Center Redevelopment, if the Village Center boundaries have not been established by the Zoning Board in a Major Village Center Redevelopment or by the County Council in a General Plan Amendment, then the property owner may develop using the provisions of Subsection C, D or E, as appropriate, of this section.

For a Minor Village Center Redevelopment, if the Village Center boundaries have been established by the Zoning Board or the County Council, then a village center property owner shall comply with Section 125.0.K.2.c, d or e. (see Errata at end of Section 125.0). If Planning Board approval is required, then the petitioner shall also comply with the following provisions:

The petitioner is required to hold a pre-submission community meeting in accordance with Howard County Code Section 16.128. In addition to the written notice requirements of Howard County Section 16.128(c), the petitioner shall also notify in writing:

(1)

All property owners identified in the records of the State Department of Assessments and Taxation of properties within the geographic boundaries of the Village Center as previously established; and

(2)

The Board of Directors of the Community Association (The "Village Board") of all Village Centers.

Subsequent to the pre-submission community meeting and prior to filing the petition, the Petitioner shall present the concept plan and the design guidelines to the Design Advisory Panel for evaluation in accordance with the procedures established in Section 16.1500 of the Howard County Code. The Design Advisory Panel recommendations shall be forwarded to the Planning Board for their consideration of the Minor Village Center Redevelopment.

Within two days after its acceptance of a petition for a Minor Village Center Redevelopment, the Department of Planning and Zoning shall send a notice to the Village Board of the village in which the Village Center petitioning for redevelopment is located. The notice shall request that the Village Board submit a Community Response Statement outlining its comments on the redevelopment proposal. The notice shall direct the Village Board to:

(1)

Provide its responses to the Section 125.0.J.4.a.(8) criteria; (see Errata at end of Section 125.0)

(2)

Address its comments in terms of any other specific approval criteria the Village Board recommends be considered by the Planning Board in its Decision on the Minor Village Center Redevelopment; and

(3)

Provide a response regarding:

(a)

Planning and design concepts, including but not limited to how it fits into the surrounding area;

(b)

Whether the petition is in harmony with a Village Center Community Plan, if one exists;

(c)

Minima, maxima, precise values, and specific requirements concerning, but not limited to, Village Center Amenity Areas, building heights, bulk requirements, parking, density, and permitted uses; and

(d)

Whether the Village Board has architectural review as designated in the village covenants.

If the Community Response Statement is submitted to the Department of Planning and Zoning within 45 days after the date of the notice, the Community Response Statement shall be considered by the Department as the Technical Staff Report is being prepared. A submitted Community Response Statement becomes part of the public record for the Minor Village Center Redevelopment case, and will be forwarded to the Planning Board prior to its initial meeting or hearing on the case.

Procedures and Approval Criteria

A request for an amendment to an approved Comprehensive Sketch Plan or an approved Final Development Plan for a Minor Village Center Redevelopment shall be reviewed in accordance with the Section 125.0.C requirements, except that the criteria to be used in the Planning Board evaluation shall be the same as those in Section 125.0.J.4.a. (8), (a) through (j) (see Errata at end of Section 125.0) that are not related to residential uses.

                    
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