§ 127.0. MXD (Mixed Use) Districts
A.
Purpose
The Mixed Use Districts are established to permit flexible and efficient use of large parcels at key locations by combining housing, employment, local commercial and open space uses in accordance with a unified design. Appropriate locations for the MXD Districts will be characterized by availability of public utilities, good access to collector or arterial highways, and potential access to public transit facilities. The phasing of development in the MXD Districts is to be concurrent with the phasing of required road improvements and is to result in a mix of land uses at the earliest feasible stage of development.
The MXD Districts provide for well-designed communities which are compatible with surrounding neighborhoods and protective of the natural elements of the landscape. A Mixed Use Development is intended to include a planned network of open space which includes environmental areas, recreation areas, and public plazas or squares; a diversity of housing types at medium to high densities; and convenient pedestrian access between uses.
Two MXD Districts are established: the MXD-3 and MXD-6 Districts. The two districts allow differing intensities of land use in order to ensure that mixed use developments are compatible with surrounding land uses.
A Mixed Use Development shall contain at least one focal point: an area of diverse, integrated land uses, designed to create a distinct focus for the development. Focal points should be scaled and oriented to pedestrian movement and should incorporate public transit access if available.
The MXD District regulations promote and allow planning innovation and design flexibility. Each plan submission for an MXD District must incorporate design considerations at an appropriate level of detail for the submission stage. A public hearing is required at the Preliminary Development Plan and Comprehensive Sketch Plan stages of the plan review process, to ensure adequate opportunity for public comment.
In order to allow appropriate uses prior to the approval of a Mixed Use Development, the MXD-3 and MXD-6 Districts are Overlay Districts. Uses allowed in the underlying district may be established prior to the approval of a Preliminary Development Plan for Mixed Use Development.
B.
General Provisions
1.
An MXD District must be approved by the Zoning Board prior to the submission and consideration of the Preliminary Development Plan and Criteria for that district required by this section.
2.
The minimum size of any MXD District shall be 25 contiguous acres. The maximum size of an MXD-6 District shall be 75 contiguous acres. Land which is divided by utility rights-of-way or street rights-of-way shall be considered contiguous for purposes of Section 127.0.
3.
Development within the MXD Districts shall be guided by a Preliminary Development Plan and Preliminary Development Criteria approved by the Zoning Board in accordance with the procedures established in Section 127.0.D. Except as allowed by Section 127.0.B.4 below, no development shall occur within an MXD District prior to approval of the Preliminary Development Plan.
4.
Prior to approval of a Preliminary Development Plan, use or development of MXD-zoned land shall be subject to all regulations applicable to the underlying zoning district. After a Preliminary Development Plan is approved, existing uses which were established pursuant to the underlying zoning district may continue. Such uses shall not be expanded to occupy additional land area, and principal structures related to such uses shall not be constructed or expanded. No new principal use shall be established after a Preliminary Development Plan is approved except in accordance with the Preliminary Development Plan and the requirements of the MXD-3 or MXD-6 District provided, however, an amendment to the preliminary development plan shall not prevent development in accordance with the original preliminary development plan and/or prior approved amendments thereto, until the current amendment is implemented with development.
C.
Requirements for Mixed Use Development
The requirements given below apply to land in the MXD-3 and MXD-6 Districts at the Preliminary Development Plan stage and subsequent stages of plan processing and development.
1.
Water and Sewer Service
All development shall be served by public water and public sewer. However, parcels that were added to the Planned Service Area to achieve Bay Restoration goals articulated in Plan Howard 2030 which are zoned MXD-3 overlay, are subject to the following development limitations which are in addition to regulations in the proportions of uses in Section 127.0.C.3.a. and density in Section 127.0.C.6.a and supersede any conflicting regulations of those sections:
a.
The residential density allowed to be constructed on the parcel shall be limited to the density of the underlying zoning of the parcel.
b.
The minimum percentage of open space on the parcel is 50% of the gross area of the parcel;
c.
The maximum percentage of Employment land use on the parcel is 20% of the gross area of the parcel. The minimum percentage of Employment land use on the parcel is 15% of the gross area of the parcel; and
d.
If the parcel is included within an amendment to a preliminary development plan of a contiguous MXD development, neither the density nor commercial/employment of that contiguous development may be transferred to the parcel as part of that amendment.
2.
Minimum Area of Preliminary Development Plan
The area encompassed by a Preliminary Development Plan is referred to in these Regulations as a Mixed Use Development. An MXD District may be developed as one or more Mixed Use Developments, subject to the following:
a.
The first Preliminary Development Plan approved for an MXD District must encompass at least 40% of the area of all contiguous MXD-zoned parcels or at least 25 acres, whichever is greater. Subsequent Preliminary Development Plans by a different petitioner for the same MXD District must encompass at least 25 acres. A petition to amend the plan for an existing Mixed Use Development may add areas of any size to the Mixed Use Development.
b.
Where there are two or more contiguous MXD-zoned lots or parcels under single ownership, the Preliminary Development Plan shall include the petitioner's entire contiguous acreage.
3.
Proportions of Uses
a.
Each Mixed Use Development shall provide the following land uses in the following proportions. The term "Mixed Use Development" refers to all land shown on one Preliminary Development Plan.
Land Use Minimum % of Gross Areaof Mixed Use Development Open Space 35% Residential 20% Employment 15% b.
Areas of a Mixed Use Development in which residential and employment uses are mixed within a single site or building may be used to satisfy the minimum percentage requirements, based on the projected proportions of building area (e.g., if 30% of the floor area of buildings will be devoted to residential use, then 30% of the site acreage shall be applied to residential land use acreage.)
c.
The first Mixed Use Development approved within an MXD District shall include at least one focal point which shall have an integrated mix of land uses. The focal points may include land uses such as office and/or residential buildings, retail stores and services, civic or public uses, open space, including features such as plazas, squares, or other useable landscaped areas. Subsequent Mixed Use Developments within the same MXD District are not required to have a focal point, however, the land-use mix for all MXD Developments must cumulatively meet the requirements of Section 127.0.C.3.a.
d.
The Preliminary Development Plan for a Mixed Use Development shall include a staging plan establishing the timing or sequence of development. The staging plan shall establish the earliest reasonable time frame for the recordation of subdivision plats for a proportionate mix of land uses. Staging should take into consideration: extension of water and sewer service; efficient use of road network capacity; and the market for residential and employment uses.
The staging plan shall allow no more than 50% of the acreage designated for residential land use to be recorded prior to commencing plat recordation for employment areas. After plats have been recorded for half of the designated residential acreage, each succeeding stage of development must make substantial progress toward recording the approved mix of land uses.
e.
Recorded open space parcels must always constitute at least 35% of the total recorded land within a Mixed Use Development. At least 10% of the gross open space shall be usable for active recreation facilities. Active recreation facility includes but is not limited to ball fields, indoor sports facilities, play meadows, tot lots, and pedestrian, biking pathway system.
4.
Permitted Uses
a.
The use of land in a Mixed Use Development shall be limited to the permitted uses specified in the approved Preliminary Development Plan and Preliminary Development Criteria. The uses permitted by the Preliminary Development Plan shall be limited to the uses listed in this Subsection and shall comply with the restrictions given in Subsections 5 through 9 below. The permitted uses allowed by the Preliminary Development Plan may be limited to a portion of the uses listed below.
b.
For Mixed Use Developments larger than 75 acres, the permitted uses shall be drawn from the following list:
(1)
Uses permitted as a matter of right in the POR, B-1 and M-1 Districts, excluding Housing Commission Housing Developments on non-residential land.
(2)
One single-family detached dwelling unit per lot.
(3)
One zero lot line dwelling unit per lot.
(4)
Single-family attached dwelling units.
(5)
Apartments.
(6)
Private recreational facilities, such as swimming pools, basketball courts and tennis courts, reserved for the use of on-site residents and their guests. Such facilities may be located within condominium developments as well as within communities where all properties are included within recorded covenants and liens which govern and provide financial support for operation of the facilities.
(7)
Two-family dwellings.
(8)
Cemeteries and mausoleums.
(9)
Country clubs and golf courses.
(10)
Fast food restaurants.
(11)
Motor Vehicle Fueling Facility, provided the use is indicated on the Preliminary Development Plan approved by the Zoning Board and criteria for the use are specified in the Preliminary Development Criteria approved by the Zoning Board. A Site Development Plan for a Motor Vehicle Fueling Facility shall be subject to Planning Board approval in accordance with Section 127.0.G.
(12)
Movie theaters, legitimate theaters, dinner theaters.
(13)
Public utility uses, including substations and commercial communication towers.
(14)
Other uses, similar to those above, approved by the Zoning Board on the Preliminary Development Plan.
c.
For Mixed Use Developments of 75 acres or smaller, the permitted uses shall be drawn from the following list:
(1)
Uses permitted as a matter of right in the POR and B-1 Districts, excluding Housing Commission Housing Developments on non-residential land.
(2)
One single-family detached dwelling unit per lot.
(3)
One zero lot line dwelling unit per lot.
(4)
Single-family attached dwelling units.
(5)
Apartments.
(6)
Private recreational facilities, such as swimming pools, basketball courts and tennis courts, reserved for the use of on-site residents and their guests. Such facilities may be located within condominium developments as well as within communities where all properties are included within recorded covenants and liens which govern and provide financial support for operation of the facilities.
(7)
Two-family dwellings.
(8)
Movie theaters, legitimate theaters, dinner theaters.
(9)
Other uses, similar to those above, approved by the Zoning Board on the Preliminary Development Plan.
d.
Uses permitted only in the R-MH or M-2 District shall not be permitted in the MXD-3 or MXD-6 District.
e.
The Preliminary Development Criteria may specify that particular uses are permitted only if certain stated conditions or criteria are met. The Preliminary Development Criteria shall authorize the Planning Board to determine whether the required conditions or criteria are met following a public hearing, according to the procedures established in Section 127.0.G.
5.
Accessory Uses
Unless different accessory uses are indicated in the Preliminary Development Criteria, accessory uses shall be as follows.
a.
The accessory use provisions of Section 109.0 (the R-12 District) shall be applicable to all residential uses in the MXD-3 and MXD-6 Districts.
b.
The accessory use provisions of Section 115.0 (the POR District) and Section 122.0 (the M-1 District) shall be applicable to all employment uses in the MXD-3 and MXD-6 Districts.
6.
Residential Density
a.
The number of dwelling units permitted within a Mixed Use Development shall be as established in the Preliminary Development Plan and Preliminary Development Criteria, but shall be limited to the following density:
Type of MXD District Maximum Density
MXD-3 3.0 dwelling units per gross acre of the Mixed Use Development
MXD-6 6.0 dwelling units per gross acre of the Mixed Use Development
In the MXD-6 District, a density bonus of up to 2.05 units per acre shall be allowed for the purpose of providing those additional units as age restricted adult housing units which meet all requirements of the POR District for such units. If this bonus density is utilized, the minimum percentage of gross area set forth for employment uses under Section 127.0.C.3.a shall be reduced to 6% and the maximum shall be no greater than 11%.
b.
Moderate Income Housing Units
At least 10 % of the dwellings in each MXD development shall be Moderate Income Housing Units.
c.
The number of apartment dwelling units allowed by a Preliminary Development Plan for a Mixed Use Development in an MXD-3 District shall be limited to no more than 30% of the total number of dwelling units allowed in the development.
7.
Requirements for Employment Uses
a.
Floor Area Ratio (F.A.R.)
The Preliminary Development Plan and Preliminary Development Criteria shall establish a cap on the total square footage of floor area which may be devoted to employment uses in the Mixed Use Development. The maximum allowed F.A.R., calculated by dividing the maximum gross floor area by the total net square footage of land area designated for employment land use, shall be limited to the following:
Zoning District Maximum F.A.R. MXD-3 0.35 MXD-6 0.50 b.
Warehouse and Manufacturing
In Mixed Use Developments larger than 75 acres, warehouses and light manufacturing may be allowed as principal permitted uses, provided that the acreage devoted to such uses shall be no more than 15% of the area designated for employment land use. Warehouse and manufacturing uses which are accessory to research and development laboratories shall not be included in the area calculation.
c.
Retail Centers
A portion of the employment land in a Mixed Use Development may be used for one or more retail centers which provide opportunity for clusters of retail and service uses. Retail centers shall be subject to the following requirements.
(1)
The general location of retail centers must be established on the Preliminary Development Plan. Uses permitted in retail centers shall be as established in the Preliminary Development Criteria, and may include retail stores, personal service establishments, and similar uses, as well as fast food restaurants and Motor Vehicle Fueling Facilities. Retail centers may be integrated with other uses such as residences, offices and open space.
(2)
Retail centers must be designed to service a community or neighborhood, rather than a regional market.
(3)
For all retail centers in a Mixed Use Development, the total gross floor area which may be used for retail and personal service businesses shall not exceed the following limits:
Zoning District Gross Acreage of Mixed Use Development Maximum Retail Floor Area Per Gross Acre MXD-3 Less than 400 acres
400 or more acres150 square feet
300 square feetMXD-6 Any acreage 250 square feet The floor area limit shall not apply to retail or service businesses which are permitted accessory uses to a manufacturing, warehousing or office facility. In a retail center which is integrated with other uses, the floor area designed to be devoted to residences, business or professional offices, or institutional uses shall not be included in the floor area limit.
(4)
No single retail center shall contain more than 150,000 square feet of gross floor area designated for use by retail and personal service businesses.
d.
Retail Establishments
No individual retail establishment within a MXD-3 or MXD-6 District shall have a gross floor area greater than 65,000 square feet, except as allowed by Paragraph e below.
e.
Redevelopment of Shopping Centers
To allow the redevelopment of existing shopping centers in the MXD District, such centers shall be permitted to retain or redevelop existing retail and personal service space in an amount not to exceed the existing gross square footage of floor area devoted to such uses, even if the floor area exceeds the limits established in Paragraphs c and d above. Such developments may not add additional space for retail and personal service businesses unless the proposed Mixed Use Development meets the requirements of Paragraphs c and d.
Such Mixed Use Developments shall comply with all other MXD District requirements.
8.
Requirements for Open Space
Open space lots designated for public uses which require a building or buildings to accommodate the principal use shall constitute a maximum of 30% of the gross acreage of open space within the Mixed Use Development.
9.
Bulk Regulations
Requirements regarding setbacks, lot coverage, lot sizes, building heights and all other bulk regulations for the MXD District not established in this section shall be established by the Planning Board through approval of a Comprehensive Sketch Plan and Development Criteria, in addition to any requirements imposed by the Zoning Board in the Preliminary Development Plan and Preliminary Development Criteria.
10.
Other Requirements
The provisions of Section 128.0 (Supplementary Zoning District Regulations) and Section 133.0 (Off Street Parking and Loading Facilities) shall apply in the MXD-3 and MXD-6 Districts unless different requirements are specifically approved in the Comprehensive Sketch Plan and Development Criteria.
(Bill No. 19-2014(ZRA 150), § 1, 8-4-2014; Bill No. 46-2016(ZRA-159), § 1, 10-5-2016)
D.
Preliminary Development Plan and Criteria
1.
Petitions
A petition for approval of a Preliminary Development Plan and Criteria shall be submitted by person(s) owning an interest in the land included in the plan.
2.
Community Meetings
Prior to submission of the petition, the petitioner shall make a good faith effort to identify community associations and homeowners associations which represent neighborhoods adjoining the development. The petitioner shall send a notice to the presidents of the associations by certified mail, using the most recent available address. The notice shall include a brief description of the proposed Mixed Use Development and an invitation for the association to meet with the petitioner's representatives to discuss the project.
3.
Submission Requirements
The Preliminary Development Plan and Criteria shall consist of a generalized plan of the Mixed Use Development, as well as text and other drawings, giving the following information:
a.
The major existing built and environmental features of the site and its immediate environs. Immediate environs shall mean all land within a distance of at least 500 feet from the boundary of the development.
b.
The major planning assumptions and objectives including the projected number of households and number of jobs.
c.
A generalized traffic analysis for the Mixed Use Development in relation to major road improvements proposed in the General Plan, and a plan for the staged recordation of subdivision plats for the Mixed Use Development in relation to the road improvements.
d.
The approximate boundaries and approximate acreage of proposed residential, employment, focal point, and major open space land use areas, and, if applicable, of existing interim land uses which will continue after Preliminary Development Plan approval. The initial Preliminary Development Plan for an MXD District shall include a conceptual land-use master plan for the entire MXD District. This conceptual master plan is not binding on other property owners, but is intended to provide both a probable context for evaluating the initial petition and direction for future petitions.
e.
The general location of proposed retail centers.
f.
The proposed circulation system, including the general location of proposed major roads and points of access to existing roads, and any existing or proposed public transit facilities.
g.
A description of public facilities that will serve the proposed development, including any major public facilities for which land may be provided within the Mixed Use Development.
h.
Preliminary Development Criteria that establish:
(1)
The maximum allowed density for each residential land use area and the maximum overall density of residential development based on the gross acreage of the Mixed Use Development.
(2)
The maximum allowed F.A.R. for each employment land use area and the maximum F.A.R. for employment development based on the total net acreage of employment areas.
(3)
Uses permitted within each land use area. The permitted uses for a specific area of a Preliminary Development Plan may be designated as uses permitted in a specific zoning district, as a list of itemized uses, as one specific use, or any combination thereof.
(4)
Other requirements for the proposed development.
i.
A vicinity map showing the context of the Mixed Use Development including existing land uses, the off-site road network, parks, streams, and open space corridors.
j.
Proposed ownership and responsibility for maintenance of open space areas.
k.
If the site includes multiple parcels under different ownership, a long term management plan for the development, including identification of the parties responsible for implementing each phase of the Preliminary Development Plan and a description of the legal agreements which will enforce the management plan.
l.
Evidence of compliance with Subsection D.2 above, and a report on any meetings held by the petitioner with community associations or homeowners associations for the surrounding neighborhoods.
4.
Subdivision Review Committee (S.R.C.) Review
The agencies comprising the S.R.C. shall review the Preliminary Development Plan and Criteria and submit comments to the Department of Planning and Zoning. The Director of Planning and Zoning may require the petitioner to submit additional information or analyses, as necessary to allow a thorough evaluation of the proposal, before scheduling a Planning Board meeting. The Department of Planning and Zoning shall review the petition and shall prepare a Technical Staff Report and make a recommendation to the Planning Board. The Technical Staff Report shall include a fiscal impact analysis which compares the projected tax revenue generated by the proposed residential and employment uses to the cost of providing public services and infrastructure for the MXD District. This analysis shall document the cost benefit ratios from the proposed development on an annual basis over 10 and 20 year periods, beginning at the commencement of construction. The Department of Planning and Zoning shall provide the methodology and guidelines for the fiscal impact analysis for County Council review and public testimony within 90 days of the effective date of this act.
5.
Recommendation of Planning Board
The Planning Board shall hold a public meeting on the petition and make a recommendation to the Zoning Board, based on the "Criteria for Approval" given in Section 127.0.D.7 below.
6.
Decision by the Zoning Board
a.
The Zoning Board shall hold a public hearing on the petition and may approve, approve with modifications or deny the Preliminary Development Plan and Criteria, stating the reasons for its Decision. The Zoning Board's Decision shall be based on the "Criteria for Approval" given in Section 127.0.D.7 below.
b.
If the Petition is approved:
(1)
The Zoning Board may modify or apply additional requirements to the Preliminary Development Plan or Preliminary Development Criteria, stating the reasons for such action. The Board, in its discretion, may hold such additional hearings on any modifications or additional requirements to the plan as it deems appropriate.
(2)
Should the Board approve any modifications or additions, then, at the petitioner's request, the Board shall hold a hearing on such modifications or additional requirements. At the conclusion of such hearing, the Board may change any of the modifications or additional requirements. If the petitioner does not accept the final modifications or additional requirements, the petitioner may withdraw the petition without prejudice.
(3)
A reproducible copy of the Preliminary Development Plan and Criteria, including all text material, shall be provided by the Petitioner and certified as approved by the Zoning Board. A verified copy of the same shall be forwarded to the Department of Planning and Zoning and the Petitioner.
7.
Criteria for Approval of Preliminary Development Plan
The Preliminary Development Plan and Criteria shall be approved if the Zoning Board concludes that the plan and criteria, subject to any final modifications required by the Board, will satisfy all of the following criteria:
a.
The plan and criteria will foster orderly growth, integration of uses, and development consistent with the purposes of the MXD District.
b.
The Mixed Use Development will be phased to conform to the phasing of road improvements that are needed to serve the proposed development, including improvements to road links, intersections and interchanges for both State and County roads.
c.
The staging plan establishes the earliest reasonable time frame for development of the focal point and recordation of subdivision plats for a proportionate mix of land uses in accordance with Section 127.0.C.3.d.
d.
The plan and criteria are consistent with all applicable environmental policies and requirements.
e.
The minimum area, proportions of uses and the density or intensity of development will be consistent with the requirements of Section 127.0.C.
f.
The relative proportions of residential, employment, and open space uses will be appropriate to the area surrounding the MXD District.
g.
If required, the development will include at least one integrated focal point of sufficient size and variety of land uses to be a distinct focus for the community. A focal point is required only for the first Preliminary Development Plan within an MXD District.
h.
The location of land designated for retail centers is appropriate for retail and personal service uses which will serve the local neighborhood or community.
i.
The development will provide a mix of housing types.
j.
When feasible, public transit facilities and routes will be integrated into the development.
k.
The intensity and scale of land use, as determined by proposed densities, F.A.R. limits and other requirements, will be appropriate in relation to the environmental constraints of the site and the character of existing and planned development in the vicinity of the site.
l.
The development will be compatible with existing and planned vicinal land uses. One or more of the following methods may be used to ensure an appropriate relationship between the Mixed Use Development and surrounding land:
(1)
Protection and enhancement of a natural feature on the boundary of the Mixed Use Development, such as a forest, wooded stream valley or grade change, to provide a natural edge to the Mixed Use Development.
(2)
Creation of open space to provide a transition or a connection between the Mixed Use Development and adjacent land uses, including off-site open space areas.
(3)
Use of an existing or planned major road on the edge of the Mixed Use Development as a separation between different uses.
(4)
Establishment of landscape design concepts applicable to the edges of the MXD District where specified types of land uses abut. Such standards may include the use of vegetation, berms, walls or fences.
(5)
Establishment of setback requirements, accompanied by landscape design standards, along the edges of the Mixed Use Development where different land uses will meet.
(6)
Control of the size of buildings along the edges of the mixed use development through limits on building height, F.A.R. or other requirements.
(7)
Provision of a transition in land uses such that uses on the edge of the Mixed Use Development are similar to adjacent land uses outside the development.
m.
The proposed major open space network will accomplish the following:
(1)
Connect, wherever possible, to existing and planned open space adjoining the development.
(2)
Protect major environmental features such as large forest stands or stream valleys; and
(3)
Provide adequate useable land in appropriate locations for parks or recreational facilities. The determination of compliance with this criterion shall be based on a finding that at least 10% of the gross open space shall be usable for active recreation facilities. Active recreation facility includes but is not limited to ball fields, indoor sports facilities, play meadows, tot lots, and pedestrian, biking pathway system.
(4)
Provide appropriate sites for needed public facilities such as schools and libraries.
n.
The proposed development will provide housing and jobs within pedestrian access of each other.
8.
Amendments to Preliminary Development Plan and Criteria
a.
A petition to amend a Preliminary Development Plan or Criteria may be submitted by the persons indicated below:
(1)
A petition to amend either a Preliminary Development Plan or the Preliminary Development Criteria which govern the density of residential development, the allowed F.A.R. for employment areas, or the phasing of development, shall only be submitted by the developer of the Mixed Use Development.
(2)
A petition to add contiguous MXD-zoned land to a Preliminary Development Plan shall be submitted jointly by the owner(s) of the land to be added and the developer of the existing mixed use development.
(3)
A petition to amend the Preliminary Development Criteria to revise the permitted uses within a certain land use area may be submitted by any person(s) owning an interest in land governed by the criteria to be amended. Such a petition shall not change the density of residential development or the land use designation indicated on the Preliminary Development Plan.
b.
A petition to amend the Preliminary Development Plan, the Preliminary Development Criteria, or both, shall include the following:
(1)
The Preliminary Development Plan for the entire Mixed Use Development, with any proposed changes clearly indicated; and,
(2)
The complete text of the Preliminary Development Criteria, with any proposed changes clearly indicated.
c.
The petition shall be reviewed in accordance with the procedures established in Section 127.0.D.4. through 127.0.D.6. The petition may be approved if the Zoning Board determines that the Mixed Use Development, with the proposed amendments, will:
(1)
Satisfy the criteria given in Section 127.0.D.7; and
(2)
Be characterized by a unified design.
d.
A petition to amend the Preliminary Development Plan or Preliminary Development Criteria shall not be required for revisions which, pursuant to Section 127.0.C.6.a., increase the number of age-restricted adult housing units by fewer than 35 units and adjust the corresponding minimum percentage of gross area set forth for employment uses.
(Bill No. 19-2014(ZRA 150), § 1, 8-4-2014)
E.
Comprehensive Sketch Plan and Development Criteria
1.
Community Meetings
Prior to submission of the Comprehensive Sketch Plan and Criteria, the petitioner shall make a good faith effort to identify community associations and homeowners associations which represent neighborhoods adjoining the development. The petitioner shall send a notice to the presidents of the associations by certified mail, using the most recent available address. The notice shall include a brief description of the proposed Mixed Use Development and an invitation for the association to meet with the petitioner's representatives to discuss the project.
2.
Submission Requirements
A Comprehensive Sketch Plan shall encompass an area of at least 75 acres, or the entire area shown on the Preliminary Development Plan if the Mixed Use Development is less than 75 acres. The Comprehensive Sketch Plan and Development Criteria shall consist of a plan or series of plans at an appropriate scale, as well as text and drawings, setting forth:
a.
The environmental and landscape features of the site and immediate environs, including topography, steep slopes, forests, streams, floodplains, wetlands, historic sites, cemeteries, and other features. Immediate environs shall mean a distance of at least 200 feet from the boundary of the Mixed Use Development.
b.
The boundaries and acreage of each land use area. For areas of the mixed use development containing mixed employment and residential land uses, the Comprehensive Sketch Plan shall state the approximate proportions of land uses, expressed in terms of acreage and building floor area.
c.
The location and use of all open space land, including the location of any schools, recreational facilities, and other public uses.
d.
The location of existing and proposed public roads, transit routes, and utilities.
e.
The location of proposed regional storm water management facilities.
f.
The general layout of the pedestrian circulation system, including sidewalks and pathways.
g.
A traffic impact analysis, prepared in accordance with the Howard County Design Manual, and including an analysis of relevant road links, intersections and interchanges indicated in the General Plan which are not subject to the Design Manual analysis requirements. The traffic analysis shall indicate the proposed phasing of development.
h.
Development criteria for each type of land use area. The development criteria shall include the Preliminary Development Criteria approved by the Zoning Board and the following additions:
(1)
Bulk regulations specifying residential densities, F.A.R. for employment areas, setbacks, lot area, building height, parking requirements and other bulk requirements.
(2)
Landscaping standards, parking lot design standards and streetscape design standards.
(3)
The criteria may include more specific use, design or bulk requirements for a particular area.
i.
A report on any meetings held by the petitioner with community associations or homeowners associations for the surrounding neighborhoods.
3.
Decision by the Planning Board
a.
Planning Board approval of the Comprehensive Sketch Plan and Development Criteria shall be required. Before acting upon the Comprehensive Sketch Plan and Development Criteria, the Planning Board shall receive comments from the Department of Planning and Zoning and the Subdivision Review Committee and shall hold a public hearing.
b.
The Planning Board may approve, approve with modifications or disapprove the Comprehensive Sketch Plan and Development Criteria, stating the reasons for its action. The Planning Board's decision shall be based on the "Criteria for Approval" given in Section 127.0.E.4 below.
c.
The Planning Board may, at the time of approval of the Comprehensive Sketch Plan, require the subsequent approval by it of a Site Development Plan, for any portion of the development or category of land use.
d.
If the plan is approved, the petitioner shall provide a reproducible copy of the approved Comprehensive Sketch Plan and, on a separate sheet, the development criteria. The plan and criteria shall be certified as approved by the Planning Board.
e.
Approval of the Comprehensive Sketch Plan and Development Criteria shall bind the lands covered with the full force and effect of specific Zoning Regulations.
4.
Criteria for Approval of Comprehensive Sketch Plan and Development Criteria
The Planning Board shall approve the Comprehensive Sketch Plan if it concludes that the plan, subject to any modifications required by the Board, will satisfy the following criteria:
a.
The Comprehensive Sketch Plan and Development Criteria are consistent with the approved Preliminary Development Plan and Preliminary Development Criteria. Minor deviations between the Comprehensive Sketch Plan/Development Criteria and the approved Preliminary development Plan/Preliminary Development Criteria may be approved by the Planning Board provided there is no increase the number of residential units and provided the deviation complies with the following:
(1)
Minor modifications to structures, with a floor area no larger than 20% of the existing floor area of the main floor.
(2)
Minor new accessory structures or accessory uses if the location does not interfere with the existing approved site layout (e.g. circulation, parking, loading, storm water management facilities, open space, landscaping or buffering).
(3)
Minor modifications to parking lots comprising no more than 20% of the original number of parking spaces required.
(4)
Similar minor modifications as determined by the Planning Board, including reductions in the number of residential units and the intensity of the unit mix.
b.
The proportions of land use and the density and intensity of development are consistent with the requirements of Section 127.0.C.
c.
The phasing of development is consistent with the phasing schedule indicated in the Preliminary Development Plan and the schedule for the opening of General Plan road improvements needed to serve the development. General Plan road improvements needed for the development must be:
(1)
Existing;
(2)
Funded for construction in the current adopted County Capital Improvement Master Plan (CIMP) or Maryland Consolidated Transportation Program (CTP) prior to the acceptance for processing by the Department of Planning and Zoning of the Preliminary Plan of subdivision for that stage, or portion thereof, for which such roads are needed. A funding test shall take place three years prior to the scheduled completion year approved on the Preliminary Development Plan for the applicable section. Provided, however, if a project fails this funding test for the completion year of any stage, the stage of the project failing the funding test shall be tested in each of the next three consecutive years. If the stage of the project passes the funding test in any of those years the Department of Planning and Zoning shall accept for processing the Preliminary Plan of subdivision for that stage. If the stage of the project fails the test in each of those years, it shall be deemed to have passed the funding test in the fourth year and the Department of Planning and Zoning shall accept for processing the Preliminary Plan of subdivision for that stage; or
(3)
Funded by the petitioner.
d.
The roads serving the Mixed Use Development will be adequate, as determined by the capacity and mitigation standards of the Adequate Public Facilities Ordinance (Title 16, Subtitle 11 of the Howard County Code.)
e.
The pedestrian circulation system will provide convenient pedestrian access between employment, residential, commercial, public and open space land uses.
f.
The open space areas:
(1)
Create a cohesive network and connect, wherever possible, to existing and planned open space adjoining the development;
(2)
Protect and, where possible, enhance natural or man-made features such as historic and cultural resources, stream valleys, ponds, wetlands, forests, steep slopes and storm water management facilities;
(3)
Provide active and passive recreation areas for residents of the Mixed Use Development;
(4)
Provide useable open space for employment areas; and
(5)
Are located so as to be accessible to both the residential and non-residential components of the development.
(6)
At least 10% of the gross open space must be usable for active recreation facilities including but not limited to ball fields, indoor sports facilities, play meadows, tot lots, and pedestrian, biking pathway system as determined by the Department of Planning and Zoning.
g.
Effective use is made of the methods described in Section 127.0.D.7.1 to ensure compatibility with adjoining land uses outside the development.
h.
The Development Criteria will result in appropriate relationships between land uses within the development.
i.
Appropriate sites are provided for public facilities.
5.
Additions and Amendments to Comprehensive Sketch Plan
a.
The developer of a Mixed Use Development may propose revisions to a previously approved Comprehensive Sketch Plan, provided that the entire Comprehensive Sketch Plan, with revisions, is submitted for review.
b.
If a Preliminary Development Plan is amended to incorporate additional land after a Comprehensive Sketch Plan has been approved for the area of the initial Preliminary Development Plan, a Comprehensive Sketch Plan may be submitted which encompasses only the additional land.
c.
Any proposed addition or amendment to the Comprehensive Sketch Plan or Development Criteria shall be reviewed in accordance with Section 127.0.E.1 through 127.0.E.3 above.
F.
Site Development Plan
1.
Approval by the Planning Board
a.
Planning Board approval of a Site Development Plan is required if the Planning Board has reserved that authority for itself when approving the Comprehensive Sketch Plan.
b.
The Planning Board shall consider a proposed Site Development Plan at a public meeting, unless a public hearing is required by Sections 127.0.F.4 and 127.0.G below.
2.
Criteria for Approval of Site Development Plan
The Planning Board shall approve a Site Development Plan if it finds that the plan:
a.
Is consistent with the approved Preliminary Development Plan, Comprehensive Sketch Plan and Development Criteria;
b.
Satisfies the applicable requirements of Section 127.0.E.3.
c.
Makes effective use of landscaping to provide buffers where needed and to enhance the site design;
d.
Provides squares, plazas, or other useable landscaped areas within apartment developments, office developments or focal points; and
e.
Implements the pedestrian circulation system for the Mixed Use Development.
3.
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:
a.
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.
b.
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).
c.
Minor additions to parking lots comprising no more than 25% of the original number of parking spaces required, not to exceed 25 spaces.
d.
Clearing or grading that does not exceed 5,000 square feet in area.
e.
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.
f.
Similar minor modifications as determined by the Department of Planning and Zoning, including reductions in the number of residential units and the intensity of the unit mix.
4.
Adjustments to Bulk Requirements
The Planning Board may approve parking or bulk requirements for a particular lot or parcel which differ from those required by the applicable development criteria in accordance with the following procedures:
a.
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.
b.
The 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.
c.
In addition to the notice for public meetings required by the Planning Board's Rules of Procedure, the property which 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.
d.
The proposed adjustment shall be granted if the Planning Board finds that:
(1)
The adjustment is in harmony with the purpose of the MXD District;
(2)
The adjustment will not alter the essential character of the neighborhood or district in which the lot is located; will not impair the appropriate use or development of adjacent property; and will not be detrimental to the public welfare; and
(3)
The adjustment either:
(a)
Is needed due to practical difficulties or unnecessary hardships which arise in complying strictly with the development criteria; or
(b)
Results in better design than would be allowed by strict compliance with the Development Criteria.
e.
The Planning Board shall approve, approve with conditions, or deny the requested adjustment, stating the reasons for its actions.
G.
Uses Requiring a Public Hearing
The Preliminary Development Criteria may provide that particular uses are allowed within specified areas of the Mixed Use Development if the Planning Board determines that certain conditions are met. The Planning Board shall approve a Site Development Plan for such uses only after holding a public hearing and determining that the required conditions are satisfied. The Planning Board shall issue a written decision on such proposals, stating the reasons for its action.
H.
Appeal of Planning Board Decision
Appeals from decisions of the Planning Board shall be made to the Board of Appeals in accordance with Section 16.900(J)(2) of the Howard County Code.