[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No.
94-100; 11-21-1994 by Ord. No. 94-106; 3-1-1999 by Ord. No.
99-16; 10-25-1999 by Ord. No. 99-92; 12-11-2000 by Ord. No. 00-93; 3-7-2007 by Bill No. 2006-15; 5-2-2005 by Bill No.
2005-08; 10-22-2008 by Bill No. 2008-13; 4-13-2010 by Bill No. 2010-06]
A.
The objectives of the following zones, Planned Residential Development
(PRD), Mixed Use Development (MX), Planned Employment and Industrial
Park (PEP), Transit Oriented Development (TOD) and Planned Manufactured
Home Park (PMH), are:
B.
The planned development process establishes density and intensity
of uses with a master plan.
A.
Location. Figure VII-1 indicates the appropriate locations for each of the planned development zones based on the objectives of the Comprehensive Plan as referenced in each of the purpose clauses of the respective planned development zones.[1] The reclassification from the base zone to the respective
planned development zone, via the process established in this chapter,
requires that the application comply with the provisions of each purpose
clause of the respective planned development zone, compatibility with
the surrounding neighborhood and all other standards set forth in
the respective planned development zone and this chapter.
[1]
Editor's Note: Figure VII-1 is included as an attachment to this chapter.
B.
Permitted uses. All uses permitted in these zones shall conform to the uses permitted in the Table of Permissible Uses (Figure IV-1).[2] Approval of a planned development zone shall not exempt
property from compliance with all other requirements of this chapter.
[2]
Editor's Note: The Table of Permissible Uses is included as an attachment to this chapter.
C.
Procedures.
(1)
Master plan review required. The purpose of a master plan is
to:
(a)
Assure detailed compliance with the applicable provisions of
the chapter;
(b)
Provide the planning staff, the Planning Commission, and the
County Commissioners with the necessary information to fully evaluate
the proposed development;
(c)
Determine density and intensity of uses; impacts to public facilities;
and
(d)
Determine any mitigation deemed necessary to address these impacts.
(2)
Submission requirements for planned development zones. A planned
development zone application and master plan shall be completed and
filed with the Planning Division, along with appropriate fees and
supporting data and analysis.
(a)
Upon receipt of the application and master plan, the Planning
Division will conduct a review for completeness and solicit comments
from other departments, agencies and any officials deemed appropriate
to determine if the selected criteria can be met. Incomplete applications
will be returned with comments within 30 days of submission.
(b)
Following a complete submission, the Planning Division will
review the application and the master plan and provide comments to
the applicant.
(c)
After revising the master plan and other supporting information
based on the initial review, the applicant may resubmit a revised
application and master plan.
(e)
The Planning Commission will forward its report and recommendations
to the County Commissioners.
(3)
Public hearing. The County Commissioners will hold a public
hearing on the reclassification from the base zone to the requested
planned development zone for the proposed development project, which
includes:
(4)
Final decision. Following the public hearing and in accordance with § 297-104 of this article, the County Commissioners will make the final decision as to whether the reclassification should be granted and the requested density or intensity permitted. The County Commissioners may add conditions to the zoning approval.
A.
Any application for the designation to a planned development zone shall be accompanied by a proposed master plan which contains all of the information required Appendix A. The proposed master plan shall also include any information necessary to evaluate the proposal, including but not limited to the following:
(1)
Schedule and phasing with approximate or estimated dates for
beginning and completion of each phase of construction and proposed
market absorption.
(2)
Architectural elevation sketches of typical proposed structures,
typical recreation areas, typical landscaping and screening areas
and typical development blocks.
(3)
A report showing the fiscal impact of the proposed development
on the County.
(4)
A statement showing the relationship of the proposed development
to the Comprehensive Plan.
(5)
A generalized impact mitigation report giving a preliminary
analysis of the impact of the proposal on public facilities such as
roads, schools, water, sewer, fire, police services and parks and
any measures proposed to adequately mitigate for these impacts or
provide for an acceptable level of services.
(6)
A statement of proposed density (residential units) and/or intensity
(nonresidential square feet), as requested, for the project. This
statement shall include a written description of the general uses
desired; ratios of proposed uses; type of residential units proposed
and proportional mix of dwelling units by type; and type of nonresidential
structures.
(7)
A description of the surrounding area of the subject property
that will be affected by the requested reclassification.
(8)
As part of the master plan, a graphic indicating location of
designated uses, generalized boundaries and approximate square footages
of proposed areas intended for residential, employment, industrial,
institutional/civic, transit, and major open space. The applicant
shall refer to the designated use categories of the requested zone.
(9)
The proposed major circulation system, including the general
location of proposed major roads and pedestrian pathways, points of
access to existing roads, and existing or proposed public transit
facilities on the proposed graphic.
(10)
A design and development code which conforms to the site design
and architectural (SDA) guidelines or other guidelines adopted by
the County Commissioners and appropriate for the particular site.
(11)
A statement which explains how applicable superior design criteria, as defined in Appendix I,[1] will be met, as agreed upon by the County Commissioners
and the applicant. The required superior design criteria shall be
included in the conditions of approval of the master plan.
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
B.
The County Commissioners shall approve the master plan at the time
of approval of the planned development zone.
A.
In order to approve a planned development zone, the County Commissioners must find that the proposed project, with its master plan, is sufficient to achieve the purposes of the zone requested, is compatible with the surrounding area and is consistent with the Comprehensive Plan. The specific maximum density is determined by use of Figure V-1, maximum residential densities (dwelling units per acre) in Article V of this chapter.[1] Intensity (square feet) for the project shall be specified
in the application and is to be approved by the County Commissioners
in the grant of zoning approval based on the master plan. Once approved
by the County Commissioners, the master plan design may be amended,
with approval of the County Commissioners, if the project:
(1)
Remains in conformance with the conditions of the zoning approval;
(2)
Is in substantial conformance with the original approved master
plan; and
(3)
Does not increase the number of residential development units
or square footage of nonresidential development.
[1]
Editor's Note: Figure V-1 is included as an attachment to this chapter.
B.
The approval of a planned development zone shall establish:
(1)
The proportional mix of dwelling units by type when residential
development is allowed.
(2)
Special conditions to be satisfied during the development process,
including but not limited to the timing of construction, on-site and
off-site infrastructure improvements, buffering, typical architectural
elevations, design and development codes, infrastructure plans, environmental
standards or requirements and fiscal impact limitations.
C.
Any residential density granted by the County Commissioners greater than the base zone density, in combination with the affordable housing density bonus (per Figure V-1 in Article V of this chapter), must be achieved only through the transfer of development rights as set forth in Article XVII.[2]
[2]
Editor's Note: Figure V-1 is included as an attachment to this chapter.
D.
For any project to be built in phases, the applicant shall, once
the project is approved, provide a narrative with the current accounting
status of the approved planned development zone's progress at the
time of each preliminary plan and/or site plan application. In this
narrative, the applicant shall demonstrate that all criteria and conditions
for development are being monitored. The narrative shall also include:
A.
Purpose. It is the purpose of the Planned Residential Development
(PRD) Zone to implement standards and recommendations of the Charles
County Comprehensive Plan by permitting unified residential development
consistent with the densities recommended in the Comprehensive Plan.
It is intended that this zone provide a means of regulating development
which can achieve flexibility of design, the integration of mutually
compatible residential uses, optimum land planning with greater efficiency,
environmental sensitivity, convenience and amenity than the procedures
and regulations would permit as a right under the base zones. In so
doing, it is intended that this zone be utilized to implement the
recommendations and other pertinent County policies in a manner closely
compatible with said County plans and policies. Additional purposes
of this zone are:
(1)
To ensure that all developments will positively contribute to
the County's historic and cultural heritage, as reflected in the Comprehensive
Plan, by preserving historic structures, sites and vistas.
(2)
That development be so designed and constructed as to facilitate
and encourage a maximum of social and community interaction and activity
among those who live and work within an area and to encourage the
creation of a distinctive visual character and identity for each development.
It is intended that development in this zone produce a balanced and
coordinated mixture of residential uses.
(3)
To provide and encourage a broad range of housing types, comprised
of owner and rental occupancy units, with single-family, multiple-family
and other structural types.
(4)
To preserve and take the greatest possible aesthetic advantage
of trees and to achieve this objective through minimal grading necessary
for construction of a development.
(5)
To encourage and provide for open space not only for use as
buffer yards and yards surrounding structures and related walkways,
but also conveniently located with respect to areas of residential
and commercial concentration so as to function for the general benefit
of the community and public at large as places of relaxation, recreation
and social activity; and, furthermore, open space should be situated
as part of the plan and design of the development so as to achieve
the physical and aesthetic integration of the uses and activities
within said development.
(6)
To encourage and provide for the development of comprehensive
pedestrian circulation networks, separated from vehicular roadways,
which constitute a system of linkages among residential areas, open
spaces, recreation areas, commercial and employment areas and public
facilities, thereby minimizing reliance upon the automobile as a means
of transportation.
(7)
To achieve a maximum of safety, convenience and amenity for
both the residents of each development and the residents of neighboring
areas; and, furthermore, to assure compatibility and coordination
of each development with existing and proposed uses which constitute
the surrounding area of a subject property.
(8)
To foster prosperous and viable communities that are of an enhanced
design and structural quality which will result in property values
that will be sustained over time.
B.
This zone shall be approved upon findings that the application:
C.
The required minimum area shall be 20 acres.
D.
The maximum number of dwelling units submitted in the development shall be determined using the gross tract area of the planned residential development and the density ranges established in Figure V-1 (maximum residential densities) in Article V.[1] A maximum density greater than the base zone density, in combination with the affordable housing density bonus (per Figure V-1 in Article V), shall only be achieved through the purchase of transferable development rights.
[1]
Editor's Note: Figure V-1 is included as an attachment to this chapter.
A.
Purpose. It is the purpose of the Mixed Use (MX) Zone to establish
standards for the implementation of the Comprehensive Plan for planned
projects which will successfully integrate residential, commercial,
industrial and institutional uses into a master-planned development.
Additional purposes of this zone are:
(1)
To provide a more flexible approach to the comprehensive development
of master-planned projects in terms of use mix, density and design
and to, encourage the reduction of travel time between the home and
the workplace.
(2)
To implement the Comprehensive Plan and other County plans and
policies in a manner and to a degree more closely compatible with
County plans and policies than are possible under the base zone. Where
applicable, a proposed mx zone must implement and be integrated with
the detailed proposals for land use, road network, infrastructure
and design established in subarea plans, vision plans and design guidelines
adopted by the County Commissioners.
(3)
To establish standards through which the land use objectives
and recommendations of the Comprehensive Plan can serve as the basic
for evaluating a multiuse project proposal.
(4)
If project boundary is located within 1/4 mile of the area included
in the Downtown Waldorf Vision Plan, the project should include development
that supports the planning principles and design goals in the Downtown
Waldorf Vision Plan.
(5)
To ensure that the development is architecturally integrated
by requiring an internal policy mechanism such as a design and development
code or an architectural review board.
(6)
To promote the type of development which corrects any existing
ecological or environmental deficiency found on or in the vicinity
of a subject property.
(7)
To ensure that all developments will positively contribute to
the County's historic and cultural heritage, as reflected in the Comprehensive
Plan, by preserving historic structures, sites and vistas.
(8)
To provide for the expansion or relocation of existing County
businesses and to enhance the County's tourism industry.
(9)
To manage traffic congestion by providing for multiple modes
of transportation including pedestrian/bicycle facilities and transit
service and by providing an adequate road circulation system to help
distribute traffic.
(10)
To encourage activities which expand the County's solid waste
and recycling program.
(11)
To promote the development of and location for qualified "target"
industries as designated by the County Economic Development Department.
(12)
To encourage the orderly, staged construction of comprehensively
planned, multiuse centers at locations recommended in the Comprehensive
Plan and subarea plans.
(13)
To provide, where appropriate, higher-density residential uses
integrated into the overall multiuse project.
(14)
To ensure internal compatibility of residential and nonresidential
uses by providing superior design, and to successfully integrate a
mixture of complementary uses, including residential, commercial,
recreational, employment, civic and institutional uses.
(15)
To assure compatibility of the proposed uses with surrounding
uses by incorporating higher standards of land planning and site design
than could be accomplished under base zones.
(16)
To allow for the integration of different types of uses within
the same area or building in a way that achieves overall harmony within
the proposed development and promotes a lively, dynamic environment.
(17)
Open space.
(a)
To provide for open space serving the following functions:
(b)
Open space should be situated and designed to connect and integrate
the uses and activities within the development. In addition, structured
parking within mixed-use planning is encouraged to help achieve the
open space and amenities objective of this zone.
(18)
To encourage and provide for the development of comprehensive
nonvehicular circulation networks, separated from vehicular roadways,
which constitute a system of linkages among residential areas, open
spaces, recreational areas, commercial and industrial areas and public
facilities.
(19)
To encourage and provide for efficient use of energy resources
through shared facilities, energy-efficient development or other economies
of scale or technology.
(20)
To foster prosperous and viable communities that are of a superior
design and structural quality which will result in property values
that will be sustained over time.
B.
Compatibility requirements. In addition to the buffer yard requirements of Article XXIII, uses and structures located near the periphery of an MX Zone shall be compatible with existing and planned uses in the surrounding area adjacent to the gross tract boundary and provide adequate transition in intensity and building type.
C.
The required minimum area shall be 10 acres.
D.
The maximum number of dwelling units permitted in the project is determined using the total of the gross tract area and the density ranges established in Figure V-1 (maximum residential densities) in Article V.[1] A maximum density greater than the base zone density, in combination with the affordable housing density bonus (per Figure V-1 in Article V), shall only be achieved through the purchase of transferable development rights.
[1]
Editor's Note: Figure V-1 is included as an attachment to this chapter.
E.
Nonresidential intensity (square feet) shall be proposed in conjunction
with the master plan and considered with the generalized public facilities
impact mitigation report required to be submitted with planned development
rezoning applications. A maximum intensity shall be established on
the gross tract area of the entire MX Zone as part of the master plan
approval. A floor area ratio (FAR) may be provided in conjunction
with the proposed square footage in the design and development code.
F.
Use distribution. Development within an MX Zone may incorporate residential, commercial retail/office, institutional/civic and low-intensity industrial uses (see Figure IV-1, Table of Permissible Uses, for a comprehensive list of uses).[2] Projects shall be approved through the planned development
zone process in accordance with the criteria set forth below:
[Amended 1-12-2022 by Bill No. 2021-12]
|
Required Percentage Mix of Uses for Residential, Commercial
Retail/Office, and Institutional/Civic
| ||
|---|---|---|
|
Uses
|
Percentage of Development as Measured in Square Feet
| |
|
Residential
| ||
|
Maximum
|
70%
| |
|
Minimum
|
20%
| |
|
Commercial, retail*
| ||
|
Maximum
|
30%
| |
|
Minimum
|
10%
| |
|
Commercial, office*
| ||
|
Maximum
|
30%
| |
|
Minimum
|
10%
| |
|
Civic/institutional
| ||
|
Maximum
|
10%
| |
|
Minimum
|
3%
| |
|
*
|
Note: Light industrial employment uses may be substituted for
commercial retail or office uses as desired.
|
[2]
Editor's Note: Figure IV-1 is included as an attachment to this chapter.
G.
A minimum of 20% of the gross tract area of the MX Zone shall be
open space. A minimum of 10% of the gross tract area shall be usable
open space. Usable open space shall be counted as part of the required
minimum open space. Usable open space shall include on-site landscaped
areas, community open space, and/or land dedicated for County parkland,
and shall allow for human activities of relaxation, recreation and
social activity. Usable open space shall not include areas statutorily
excluded from development such as jurisdictional wetlands, forest
stands and buffer yards. The distribution of major open space areas,
major stream corridors, proposed County parks and other key features
shall be shown on the master plan graphic and typical designs.
A.
Purpose. It is the purpose of the Planned Employment and Industrial
Park (PEP) Zone to establish standards for planned developments of
light and medium industrial uses along with related commercial uses.
Additional purposes of this zone are:
(1)
To encourage development which presents an attractive appearance
and is compatible with uses in the surrounding area by means of appropriate
siting of buildings, service areas and landscape treatment.
(2)
To locate development on land with water and sewer facilities
which meet applicable County standards, on sites served by one or
more major highways and on sites that are clearly suitable for the
physical characteristics of development for such uses.
(3)
To provide a more flexible approach to the comprehensive development
of large tracts of land in terms of land use, intensity and design.
(4)
To be used to implement the Comprehensive Plan and other County
plans and policies in a manner closely compatible with said County
plans and policies.
(5)
To establish standards through which the land use objectives
and recommendations of the Comprehensive Plan can serve as the basis
for evaluating individual PEP proposals.
(6)
To promote the type of development which corrects any existing
ecological or environmental deficiency found on or in the vicinity
of the subject property.
(7)
To ensure that all developments will positively contribute to
the County's historic and cultural heritage, as reflected in the Comprehensive
Plan, by preserving historic structure, sites and vistas.
(8)
To reduce traffic congestion by improving the level of service
(LOS) of the road network serving the development by reducing or minimizing
entrances, curb cuts and side friction along main roads by the construction
of service roads, in accordance with County policies and by incorporating
trip-reduction measures into developments.
(9)
To encourage activities which expand the County's solid waste
and recycling program.
(10)
To promote the development and location of qualified "target"
industries as designated by the County Economic Development Commission.
(11)
To require the orderly, staged construction of large-scale,
comprehensively planned employment centers.
(12)
To assure compatibility of land uses proposed in such a development
with uses in the surrounding area of the site by incorporating higher
standards of land planning and site design than could be accomplished
under the base zone.
(13)
To encourage and provide for efficient use of energy resources
through shared facilities or other economies of scale or technology,
including innovative fuels.
B.
Compatibility requirement. In addition to the buffer yard requirements of Article XXIII, uses and structures located near the periphery of a PEP Zone shall be compatible with the surrounding area and provide adequate transition in intensity and building design.
C.
The minimum area shall be 20 acres.
D.
The maximum FAR per site shall be determined by the Development Guidance
System (DGS) in Article VIII and shall apply to each lot in the PEP
Zone.
A.
Purpose. It is the purpose of the Planned Manufactured Home Park
(PMH) Zone to establish the standards for planned manufactured home
residential developments, including related recreational and service
facilities. Additional purposes of this zone are:
(1)
To locate manufactured home developments at appropriate locations
that are consistent with the objectives and recommendations of the
Comprehensive Plan.
(2)
To provide for flexibility of design, grouping and layout of
the sites of manufactured homes in such a development; and to provide
amenities normally associated with planned residential areas such
as recreational facilities and convenient associated services.
(3)
To require site and development plans which maximize compatibility
of development with existing and planned land uses in the surrounding
area of the subject property.
(4)
To encourage the upgrading of existing manufactured home parks.
(5)
To encourage the location of such development in the vicinity
of or adjacent to existing manufactured home parks.
(6)
To promote the type of development which corrects any existing
ecological or environmental deficiency found on or in the vicinity
of the subject property.
(7)
To encourage developments which provide sites for manufactured
homes requiring relocation due to failing septic systems at their
former location.
(8)
To encourage the provision of open space.
(9)
To encourage activities which expand the County's solid waste
and recycling program.
(10)
To be used to implement the Comprehensive Plan and other County
plans and policies in a manner closely compatible with said County
plans and policies.
(11)
To establish standards through which the land use objectives
and recommendations of the Comprehensive Plan can serve as the basis
for evaluating individual projects.
(12)
To ensure that all manufactured developments will positively
contribute to the County's historic and cultural heritage, as reflected
in the Comprehensive Plan, by preserving historic structures, sites
and vistas.
B.
Compatibility requirement. The manufactured home development shall
be compatible with existing and planned uses in the surrounding area
to the maximum extent possible, either by locating double-wide trailers
adjacent to land for which the Comprehensive Plan recommends a single-family
detached zone or by the location of open spaces and landscaping or
by other appropriate methods as may be desirable or appropriate.
C.
Minimum tract dimensions.
(1)
Manufactured home park or manufactured home subdivision (not
in combination).
(a)
Minimum area: 10 acres.
(b)
Minimum width. Minimum width of tract for portions used for
general vehicular entrances and exits only (other than alleys and
service entrances) shall be 60 feet; for portions containing lots
for dwellings and buildings open generally to occupants, the minimum
dimension shall be 200 feet.
(c)
The tract shall comprise a single lot or parcel except where
the site is divided by public streets or alleys or where the total
property includes separate parcels for necessary utility plants, maintenance
or storage facilities and similar uses, with appropriate access from
the manufactured home park, provided that all such lands involved
shall be so dimensioned and located as to facilitate efficient design
and management.
(2)
Manufactured home subdivision combined with manufactured home
park.
(a)
Minimum area: 20 acres.
(b)
The manufactured home park portion shall be separate from the
manufactured home subdivision.
(c)
The manufactured home subdivision portion shall consist of at
least 10 acres and shall meet all other requirements for subdivisions
in the base zone.
(d)
Minimum width. Minimum width of tract for portions used for
general vehicular entrances and exits only (other than alleys and
service entrances) shall be 60 feet; for portions containing lots
for dwellings and buildings open generally to occupants, the minimum
dimension shall be 200 feet.
(e)
The tract shall comprise a single lot or parcel except where
the site is divided by public streets or alleys or where the total
property includes separate parcels for necessary utility plants, maintenance
or storage facilities and the like, with appropriate access from the
manufactured home park, provided that all lands involved shall be
so dimensioned and related as to facilitate efficient design and management.
D.
No lot in any manufactured home subdivision shall be occupied until
all of the lots comprising the subdivision have been improved in accordance
with the standards contained in this section.
E.
The number of units permitted in the project is calculated using
the gross acreage of the planned manufactured home development and
is subject to the Development Guidance System (DGS).
F.
Minimum dimension requirements.
(1)
Setbacks. All structures shall be set back at least 75 feet
from the boundary of the PMH or 100 feet from the center line of any
street or road right-of-way adjoining such boundary, whichever is
greater.
(2)
Manufactured home sites. A minimum manufactured home unit site
shall contain at least 4,500 square feet.
G.
Development standards. Developments shall meet all of the applicable
requirements of Regulation 10.03.23 of the Maryland State Department
of Health and Mental Hygiene (HMH) governing construction, equipment,
sanitation, operation and maintenance of manufactured home parks except
insofar as the Planning Commission may recommend, and the Department
of HMH grant, an exception permitting an alternate method which is
found to implement the general intent and purpose of those regulations
equally well or better. In addition, the following specific standards
shall apply:
(1)
Sewerage and water supply. No land shall be classified in the
PMH Zone unless its proposed water and sewerage system is shown in
the Comprehensive Water and Sewer Plan or an application for inclusion
is simultaneously approved.
(2)
Utility lines. All utility lines shall be placed underground.
(3)
Storage facilities. In order to provide for the storage of personal
effects of the residents of the manufactured home park, at least 125
cubic feet of enclosed storage space per unit shall be provided, either
in an individual structure adjacent to each manufactured home stand
or in a common building within 600 feet of the residential units.
(4)
Open space. At least 25% of the tract, excluding the rights-of-way,
shall be established in open space.
(5)
Installation. Each manufactured home, together with all enclosed
extensions or structural additions thereto, shall be installed upon
a manufactured home stand and shall be securely anchored thereto so
as to prevent the manufactured home from shifting or overturning and
shall be suitably treated so as to conceal the undercarriage.
(6)
Distances between manufactured homes. There shall be a distance
of at least 20 feet between manufactured homes or enclosed extensions
thereof, in order to ensure adequate light, air, safety, convenience
and amenity for the residents in the development.
(7)
Access for fire protection services. Access shall be such as
to permit fire protection apparatus to approach to within 200 feet
of each manufactured home.
(8)
Setback from internal streets. No part of any manufactured home
or other structure shall be located within 20 feet of any interior
street.
(9)
Setback from common areas. No part of any manufactured home
stand shall be located within 10 feet of any common driveway, walk,
parking area or other common area within the development.
(10)
External street frontage. Each parcel or tract to be developed
as a manufactured home community shall have frontage of at least 100
feet on an existing state or County road.
(11)
Construction of internal streets. Streets shall be constructed
in accordance with the Charles County Road Ordinance.[1] The Department of Planning and Growth shall determine
all issues relative to the construction and maintenance of streets
under the provisions of the Charles County Subdivision Regulations
and Road Ordinance.[2]
(12)
Pedestrianways. Walkways shall form a logical, safe and convenient
system for pedestrian access to all manufactured homes, on-site facilities
and principal off-site pedestrian destinations. At a minimum, pedestrianways
shall be provided connecting manufactured home sites with commercial
and recreational facilities within the community. Pedestrianways shall
be not less than four feet wide. In addition, sidewalks shall be provided
to each manufactured home stand from a paved street, a paved driveway
or paved parking space connecting to a paved street.
(13)
Recreational areas. Not less than 8% of the total area of any
manufactured home development shall be devoted to common recreational
areas and facilities, such as playgrounds or community buildings.
Where only one recreational area is provided, it shall be in a central
location conveniently accessible to all dwellings. In developments
15 acres or larger, decentralized facilities may be provided. No recreation
area shall be credited toward meeting these requirements unless it
contains at least 30,000 square feet. Recreational facilities and
areas shall be so located, designed and improved as to minimize traffic
hazards to users and adverse effects on surrounding residential uses.
(14)
Required buffer yards and screening.
(a)
Approved fences, walls or vegetative screening shall be provided
along the edges of PMH Zones, where needed, to protect residents from
undesirable views, lighting, noise or other off-site influences or
to protect occupants of adjoining residential zones from similar adverse
influences within the PMH Zone. In both cases, screening shall be
designed to control existing or potential adverse effects from existing
or potential first-floor residential windows in the PMH Zone or adjacent
residential zones. In particular, extensive off-street parking areas,
service areas for loading and unloading vehicles other than passenger
vehicles and service areas for storage and collection of trash and
garbage shall be screened.
H.
Nonconforming manufactured home parks. The manufactured home parks
legally existing on the date of adoption of this chapter, namely Smitty's
Trailer Park, Idlewood Trailer Park, Marshall Hall Trailer Park, Lund's
Trailer Park, Gillespie's Trailer Park, Jack Blair's (Rhodes') Trailer
Park and Aqualand Marina, shall be subject to the following requirements:
(1)
Unless previously submitted, the owner of any legally existing
manufactured home park shall, within 90 days of the date of adoption
of this chapter, file a report, prepared under penalty of perjury,
with the Zoning Officer. Said report shall be submitted under oath
and shall include the following information:
(a)
A plat of the property, prepared by a registered land surveyor,
which shows the boundaries of the property used as a mobile home park
on March 30, 1983, as shown on aerial photographs of Charles County
as prepared by Tallamey and Associates upon the request of the County
Commissioners.
(b)
The number of manufactured home spaces.
(c)
A list of the names and addresses of the current occupants of
each manufactured home space.
(d)
A list of the names and addresses of the current owner of each
manufactured home located upon the property.
(2)
Density of legally existing manufactured home parks.
(a)
As of the date of the adoption of this chapter, the legally existing mobile home parks named in this subsection shall conform to a density of not more than 10 manufactured homes per acre; provided, however, that the reduction in density of legally existing manufactured home parks to a density of 10 manufactured homes per acre shall be accomplished under the provisions of Subsection H(2)(b). In the case of Aqualand Marina Mobile Home Park, the permitted density shall not exceed a total of 40 manufactured homes on the property.
(b)
In any legally existing manufactured home park which, at the
time of the adoption of this chapter, exceeds a density of 10 manufactured
homes per acre, if a manufactured home which is located in the manufactured
home park is moved from its space to outside the manufactured home
park or if there is a change of occupancy of a manufactured home located
in the manufactured home park, a lessening of the density in the manufactured
home park shall occur and the density shall continue to reduce upon
the happening of either of said occurrences until such time as the
density is reduced to 10 manufactured homes per acre. When the density
in a legally existing manufactured home park has been reduced to 10
manufactured homes per acre, that density shall not thereafter be
increased.
(3)
All such existing manufactured home parks shall comply with
all state and County laws, rules, regulations and ordinances, including
but not limited to those of the Health Department and fire, electrical
and plumbing codes, within 18 months of the date of the adoption of
Ordinance No. 84-53 (July 1, 1984);[3] provided, however, that legally existing manufactured
home parks shall not be required to comply with those provisions of
the County Road Ordinance and Subdivision Regulations[4] relative to the construction of streets in a manufactured
home park.
(4)
At no time after the effective date of this chapter shall any of the above-named manufactured home parks have a greater number of manufactured homes located within the area of land described on the plat submitted under the requirements of Subsection H(1)(a) above than the number located on said area of land on May 3, 1984, as determined by an actual count compiled by the staff of the Charles County Planning Commission on May 3, 1984; such count shall be presumed accurate for the purposes of this subsection.
(5)
Failure to comply with the provisions of this subsection shall
effect a termination and abandonment of the manufactured home park's
nonconforming use, and the permitted use of the property as a manufactured
home park shall immediately terminate.
A.
The Charles County Planning Division staff are authorized to develop
and recommend for approval by the County Commissioners the master
plan design and development code to guide the implementation of this
article and the approval of development in the PRD, MX, PUD, TOD,
PEP and WPC Zones. The design and development code shall conform to
appropriate planning principles and to the purposes stated for the
specific zone.
B.
Required master plan design and development code. Applicants for planned development zones must submit a design and development code to set standards for layout and design. The design and development code shall be submitted with the application for master plan for development within a planned development zone. The design and development code shall include the following: the overall planned development design concept; standards for street, block and lot layouts; streetscape design standards; building and lot design and development standards; landscape standards for public and private spaces; and architectural design standards. The applicant shall submit either: a design and development code that is in conformance with the Zoning Ordinance Schedule of Zone Regulations and either the SDA Guidelines or design guidelines adopted by the County Commissioners for a specific area of the County, whichever is applicable; or an alternative design and development code as set forth in Subsection C below. An applicant's design and development code shall be reviewed and approved under the procedures in Subsection E below.
C.
Alternative design and development code. As stated in § 297-103, as an alternative to using the County's Schedule of Zone Regulations for the particular planned development zone, the applicant may propose the following criteria and requirements for the project:
(1)
Minimum yard and setback requirements;
(2)
Lot design and development criteria, which allows development
of structures to proceed with subdivision and as a minimum standard,
conforms to the applicable building code requirements;
(3)
A chart depicting the proposed development program. This development
program shall be updated at each preliminary plan and/or site plan
application, as applicable, and shall include the following:
D.
For a site adjacent to or within 1/4 mile of the area included in
the Downtown Waldorf Vision Plan, the proposed design and development
code for all or that portion of the proposed development within 1/4
mile shall set standards that are in general conformance with the
Downtown Waldorf Design Guidelines, rather than the SDA Guidelines,
so that the proposed development will be integrated into and consistent
with the character desired for Downtown Waldorf.
E.
Procedures.
(1)
An application for a master plan for development within an existing
PRD, MX, PUD, TOD, PEP or WPC Zone shall be accompanied by a design
and development code, prepared by the applicant, to supplement and
modify the minimum standards required in conventional subdivisions.
(2)
Staff shall review and comment on the design and development code proposed by the applicant to ensure that it conforms to the pertinent requirements; or, if an alternative design and development code is submitted, that it otherwise meets the criteria set forth in Subsection E(4) below.
(3)
Once a completed application is filed, the applicant shall meet
with planning staff to present the development proposal, including
the proposed design and development code. After the initial meeting,
the applicant shall submit a revised proposal to conform to the comments
or suggestions from the review staff. After submission of the revised
proposal, staff shall review the proposal, after which it shall submit
a final report to the Planning Commission for its review and recommendation
to be included with the planned development zone application for approval
by the County Commissioners.
(4)
In approving a design and development code, the Planning Commission
shall be guided by the purposes of the planned development zone, the
orderly development of the existing PRD, MX, PUD, TOD, PEP or WPC
Zone and the other provisions of this article.
(5)
As part of the planned development zone application, the Planning
Director may approve administratively minor changes to an applicant's
approved alternative design and development code.
A.
Purpose. It is the purpose of the Transit Oriented Development (TOD)
Zone to establish standards for the implementation of the Comprehensive
Plan recommendations for master-planned developments which will promote
the integrated development of high-density transit-oriented development
along major transportation arteries where transit opportunities exist
and in the vicinity of existing or planned transit stops in a manner
that will support existing or future public transportation systems.
Additional purposes of this zone are:
(1)
To integrate high-density residential, commercial, industrial,
recreation and/or institutional uses into a community designed around
a transit-oriented theme.
(2)
To provide a more flexible approach to the development of land
situated adjacent to existing or future public transportation corridors
and/or systems.
(3)
To implement the Comprehensive Plan and other County plans and
policies in a manner and to a degree more closely compatible with
said County plans and policies than is possible under base zones.
(4)
To encourage the reduction of trips and travel time between
home and the workplace by developing a community that is transit-supportive
and pedestrian-friendly.
(5)
To encourage the effective and viable use of public transit
and other major transportation systems.
(6)
To provide appropriate treatment of historic structures, sites
and vistas, as reflected in the Comprehensive Plan.
(7)
To provide for the expansion or relocation of existing County
businesses and to enhance the County's tourism industry.
(8)
To reduce traffic congestion by encouraging the use of mass
transit, public transportation, park-and-ride facilities and other
major transportation systems, etc.
(9)
To require the orderly, staged construction of comprehensively
planned, multiuse centers at locations consistent with the Comprehensive
Plan.
(10)
To ensure that the development is architecturally integrated
by requiring an internal policy mechanism, such as a design code.
(11)
To provide, where appropriate, a wider variety of housing types
integrated into the overall multiuse project as a method of directing
growth within appropriate areas and reducing urban sprawl within rural
areas.
(12)
To ensure internal compatibility of residential and nonresidential
uses through superior design and successful integration of complementary
uses, including residential, commercial, recreational, employment
and institutional.
(13)
To encourage high-density residential and high-intensity commercial
development within existing urban core areas where necessary public
infrastructure exists or is readily available.
(14)
To foster prosperous and viable communities, including commercial,
residential, and mixed-use components, that are of an enhanced design
and structural quality which will result in property values that will
be sustained over time.
(15)
To create economic development through business retention and
attraction of predominantly high-paying career opportunities with
limited retail development.
(16)
To conform to design principles that are compatible with urban,
mixed-use areas, including:
C.
The required minimum area shall be 10 acres.
D.
All TOD Zone applications must be predominantly contained inside
or within 1/4 mile of the "urban core" as defined in the Charles County
Comprehensive Plan.
E.
Where applicable, a TOD Zone application must show how it will implement
and be integrated with the detailed proposals for land use, road network,
infrastructure and design established in subarea plans, vision plans
and design guidelines adopted by the County Commissioners.
F.
The maximum number of dwelling units permitted in the project is determined using the gross tract area of the TOD Zone and the density ranges established in Figure V-1 (maximum residential densities) in Article V.[1] A maximum density shall only be achieved through the purchase
of transferable development rights.
[1]
Editor's Note: Figure V-1 is included as an attachment to this chapter.
G.
Nonresidential intensity (square feet) shall be proposed in conjunction
with the master plan and considered with the general public facilities
impact mitigation report required to be submitted with planned development
rezoning applications. A maximum intensity shall be established on
the gross tract area of the entire TOP Zone as part of the master
plan approval. A floor area ratio (FAR) may be provided in conjunction
with the proposed square footage in the design and development code.
H.
Use distribution. Development within a TOD Zone may incorporate residential, commercial retail/office and institutional/civic uses (see Figure IV-1, Table of Permissible Uses, for a comprehensive list of uses).[2] Projects shall be approved through the planned development
zone process in accordance with the criteria set forth below:
|
Required Percentage Mix of Uses for Residential, Commercial
Retail/Office, and Institutional/Civic
| |||
|---|---|---|---|
|
Uses
|
Percentage of Development as Measured in Square Feet
| ||
|
Residential
| |||
|
Maximum
|
65%
| ||
|
Minimum
|
20%
| ||
|
Commercial, retail
| |||
|
Maximum
|
30%
| ||
|
Minimum
|
10%
| ||
|
Commercial, office
| |||
|
Maximum
|
30%
| ||
|
Minimum
|
20%
| ||
|
Institutional and/or civic
| |||
|
Maximum
|
10%
| ||
|
Minimum
|
5%
| ||
[2]
Editor's Note: Figure IV-1 is included as an attachment to this chapter.
I.
A minimum of 10% of the gross tract area of the TOD Zone shall be
open space. A minimum of 50% of this total open space shall be usable
open space. Usable open space shall be counted as part of the required
minimum open space. Usable open space shall include on-site landscaped
areas, community open space, and land dedicated for County parkland,
and shall allow for human activities of relaxation, recreation and
social activity. Usable open space shall not include areas statutorily
excluded from development such as jurisdictional wetlands, forest
stands and buffer yards. The distribution of major open space areas,
major stream corridors, proposed County parks and other key features
shall be shown on the master plan graphic and typical designs.
