DEPARTMENT OF COMMUNITY PLANNING AND BUILDING INTEROFFICE MEMORANDUM TO: VIA:

Transcription

1 DEARTMENT OF OMMUNITY LANNING AND BUILDING INTEROFFIE MEMORANDUM TO: VIA: FROM: DATE: SUBJET: lanning ommission Thomas Barnett, &B Director Yolanda Hipski, lanning ommission Administratorpit Mary Beth ook, Deputy Directorwa, October 9, 2015 October 21, 2015 Work Session Text Amendment ase #15-08a & b - Amendments to rince Frederick Town enter for Setbacks, Density, Building Height & Size, Land Uses and revisions to Land Use onditions. Background urrent regulations in the rince Frederick Zoning Ordinance are restricting proposed development in the rince Frederick Town enter from developing to the desired amount of density and to build or expand buildings to a size greater than 120,000 sf. The Board of ounty ommissioners (BO), at the recommendation of the Department of Economic Development, have created a list of requested amendments to the Zoning Ordinance to address the developer's concerns. The proposed text amendments were presented to the BO at a work session on October 6, 2015, where they directed staff to hold a work session with the lanning ommission. Discussion Text amendments are being proposed to various sections of the alvert ounty and rince Frederick Zoning Ordinances to reduce and/or remove restrictions and provide more flexibility for development in the New Town and Village Subareas of rince Frederick Town enter: TA#15-08a: Amendments to the New Town Subarea to reduce setbacks and density requirements, increase the maximum building height & size and revisions to the land use conditions. TA#15-08b: Amendments to the Village Subarea land use charts and conditions to delete the requirement that at least 50 percent of the site is reserved for commercial, office or industrial use. Recommendation/onclusion Staff recommends the lanning ommission review and discuss the proposed text amendments and direct staff to distribute for agency comments. Fiscal Impact None. Attachments: Staff Reports Text Amendment for ase 15-08a and 15-08b resentation Slides 9die

2 STAFF REORT TEXT AMENDMENT ASE NO a ROOSED AMENDMENTS TO SETIONS AND A OF THE ALVERT OUNTY ZONING ORDINANE AND SETIONS III..1.a, III.E.1, IV.M.3, OF THE RINE FREDERIK ZONING ORDINANE Re: Amendments to rince Frederick Town enter for Setbacks, Density, Building Height & Size, Land Uses and revisions to Land Use onditions. DATE REARED: October 9, 2015 WORK SESSION DATES: October 6, 2015 Board of ounty ommissioners (BO) October 21, 2015 lanning ommission UBLI HEARING DATE(S): TBD AMENDMENTS ROOSED BY: Board of ounty ommissioners at the recommendation of the Department of Economic Development and the ounty Attorney's Office UROSE OF AMENDMENT: Text amendments are being proposed to various sections of the alvert ounty and rince Frederick Zoning Ordinances to reduce and/or remove restrictions and provide more flexibility for development in the Entry Subarea of rince Frederick Town enter. BAKGROUND/ROOSED REGULATIONS: The text amendments propose to address several restrictions that developers have identified as prohibiting desired development in the rince Frederick Town enter. The amendments include the following changes to the New Town Subarea: Reduce the setbacks along all roadway rights-of-way from 35' to 10'. Increase density from 14 dwelling units per gross acre to 24 dwelling units per gross acre Increase building height from 50' to 60'. ermit Home Improvement enter, more than 25,000 s.f. and less than 75,000 s.f. onditionally permit Home Improvement enter, more than 75,000 s.f. and less than 120,000 s.f. onditionally permit Home Improvement enter, more than 120,000 s.f. and less than 160,000 s.f. ermit Retail ommercial Building with or without Drive-up Facility, more than 25,000 s.f: and less than 75,000 s.f. onditionally permit Retail ommercial Building with or without Drive-up Facility, more than 75,000 s.f. and less than 120,000 s.f. onditionally permit Retail ommercial Building with or without Drive-up Facility, more than 120,000 s.f. and less than 160,000 s.f. ermit Wholesale Lumber and/or other Building Materials, more than 25,000 s.f. and less than 75,000 s.f. onditionally permit Wholesale Lumber and/or other Building Materials, more than 75,000 s.f. and less than 120,000 s.f.

3 Staff Report - Text Amendment ase No Text Amendments to the ZO & FZO October 9, 2015 age 2 of 2 onditionally permit Wholesale Lumber and/or other Building Materials, more than 120,000 s.f. and less than 160,000 s.f. ondition added to Home Improvement enter, Retail ommercial Building and Wholesale Lumber and/or other Building Materials, to exclude garden centers, up to 50,000 sf, from the maximum permitted building size. Also deletes the requirement for co-location of buildings. ONSISTENY WITH OMREHENSIVE LAN: hapter I: Land and Water Develop Town enters as Attractive, leasant and onvenient laces to Live, Work, and Shop Action 1-18 ontinue to promote a broad mix of commercial, office, residential, public and quasi-public development with the town centers. ommercial Uses in Town enters Action 1-27 ontinue to direct commercial growth to town centers. Action 1-29 romote strong business growth in town centers. Identify and implement ways to improve growth in town centers. Action 1-30 Major town centers are to serve as regional centers, providing goods and services that attract visitors from the entire ounty and/or from outside the ounty (as in tourism). ONLUSION/STAFF REOMMENDATIONS: Staff recommends the lanning ommission review and discuss the proposed text amendments and direct staff to distribute for agency comments.

4 Text Amendment ase #15-08a Amendments to rince Frederick Town enter for Setbacks, Density, Building Height & Size, Land Uses and revisions to Land Use onditions. Black font existing ordinance language proposed ordinance language 12 lac-k-stpike41:1-mugh existing ordinance language to be removed

5 rince Frederick Zoning Ordinance hapter III: Site Design. SETBAKS AND LANSAING WITHIN SETBAKS 1. Setbacks and Landscaping along Roadways a. Building, arking Lot and Accessory Use Setbacks along Roadways The minimum setback for buildings, parking lots and accessory uses along all roadway rights-of-way within the Town enter is 35 feet, except in the New Town District, where the minimum setback is 10 feet. Exceptions i. Reductions in setbacks The following reductions in minimum setbacks may be approved by the lanning ommission to meet special design requirements of the lanning ommission or to address a non self-imposed hardship. (i) Setbacks may be reduced to a minimum of 25 feet from edge of right-ofway along proposed secondary "loop" roads. (ii) Setbacks may be reduced to a minimum of 25 feet from edge of curb along all local connector roads (future roads that connect Rt 2/4 with secondary loop roads), hurch Street, Armory Road, Fairgrounds Road, Dares Beach Road west, and Duke Street. (iii) Setbacks may be reduced to a minimum of 15 feet from edge of curb along all local roads. (iv) If an applicant is required to provide a service road, the lanning ommission may grant a reduction in the parking lot setback from 35 feet to no less than 20 feet. ii. Setbacks along Main Street Future buildings (including replacements of existing buildings) along Main Street shall maintain the existing as-built setbacks along the street, exclusive of public plazas and outdoor seating areas. Off-street parking lots shall be located to the rear of the buildings. iii. Setbacks along roposed Loop Road west of Rt 2/4 In lieu of parking lot setbacks, off street parking lots shall be located to the rear of buildings

6 rince Frederick Zoning Ordinance HATER III SITE DESIGN E. ERMITTED NUMBER OF DWELLING UNITS 1. Determining Number of Dwelling Units The number of residential dwelling units that can be placed on any given site within the Town enter will be determined on the basis of regulations governing protection of natural features (hapter I), road requirements (hapter II), site Design standards (hapter II) height requirements by District (hapter W) and ermitted Uses (hapter VII). In no case may the number of dwelling units per gross acre exceed fourteen, except in the New Town District where the maximum number of dwelling units per gross acre shall not exceed twenty-four. HATER IV BUILDING DESIGN & HEIGHT REQUIREMENTS M. Building Height* Restriction By District (See hapter VI for map of Districts) 1. Old Town District Old Town Residential District Fairgrounds District 2. Old Town Transition District Entry District Village District Forest District New Town District Two stories plus a habitable roof. Maximum height 36 ft. 40 feet plus a habitable roof except that areas where there is a water supply system which is capable of providing adequate supply for fire protection, is certified by the agency providing fire protection, and is in compliance with-artiele-3w Annetated-ede-ef-Maryland hapter 44 of the alvert ounty ode, as amended from time to time, a height of 50 feet, plus the roof, shall be permitted allowed. See exceptions in Section (Residential) and (Non-Residential) of the alvert ounty Zoning Ordinance. 3. New Town District 60 feet, plus a habitable roof, shall be permitted provided that there is a water supply system which is capable of providing adequate supply for fire protection, is certified by the agency providing fire protection, and is in compliance with hapter 44 of the alvert ounty ode, as amended from time to time. Height is measured at street level front entrance except as required by the Department of ublic Safety

7 alvert ounty Zoning Ordinance: Article 3 Land Use harts RINE FREDERIK ENTER USE # RINE FREDERIK TABLE OF LAND USES OMMERIAL RETAIL OLD RESIDENTIAL TRANSITIONAL FAIR- GROUND ENTRY VILLAGE NEW FOREST 1. Agricultural Machinery, Service and/or Supplies S2 2. Antiques Sales 3. Art Gallery, Less than 25,000 s.f. 4. Art Gallery, More than 25,000 and less than 75,000 s.f. 5. Artisan's and rafters' Market 6. Auction Building S1 S1 S1 S1 7. Boat Dealership S2 S2 S2 S2 8. Farmers' Market 9. Flea Market by Non-profit Organization 10. Home Improvement enter, Less Than 25,000 s.f. S2 11. Home Improvement enter, More Than 25,000 s.f. and Less Than 75,000 s.f. 12. Home Improvement enter, More Than 75,000 s.f. with a maximum size limit of 120,000 s.f. Home Improvement enter, More Thw412n.rif maximum size limit of 160,000 c.f. 4-&14. Manufactured Home Dealer Mobile Food Sales 4-5:16. Retail ommercial Building with Drive-up Facility, Less than 25,000 s.f. 46:17. Retail ommercial Building with Drive-up Facility, More than 25,000 s.f. and less than 75,000 s.f. 4-7, Retail ommercial Building with Drive-up Facility, More than 75,000 s.f. with a maximum size limit of 120,000 s.f. Retail ommercial Building with Drive-up Facility, More than 120,000 s.f. with a maximum size limit of 160,000 s.f.

8 USE # RINE FREDERIK TABLE OF LAND USES OMMERIAL RETAIL (continued) OLD RESIDENTIAL TRANSITIONAL FAIR- GROUND ENTRY VILLAGE NEW FOREST 4-8,20. Retail ommercial Building, Less than 25,000 s.f. 49,21. Retail ommercial Building, More than 25,000 s.f. and less than 75,000 s.f. 2,3.2 Retail ommercial Building, More than 75,000 s.f. with a maximum size limit of 120,000 s.f. 23. Retail ommercial Building, More than 120,000 s.f. with a maximum size limit of 160,000 s.f. 2-1,24. Retail ommercial Sale or Display Area, Outdoor 22,25. Seasonal Retail Sales or Display Area, Outdoor (7/12/13) 23,2e Watermen's Market RINE FREDERIK ENTER USE # RINE FREDERIK TABLE OF LAND USES OMMERIAL WHOLESALE OLD RESIDENTIAL TRANSITIONAL FAIR- GROUND ENTRY VILLAGE NEW FOREST 1. Mini-Storage 2. Warehouse, Indoor 3. Warehouse, Outdoor 4. Wholesale Lumber and/or Other Building Materials, Less Than 25,000 s.f. S2 5. Wholesale Lumber and/or other Building Materials, More Than 25,000 s.f. and Less Than 75,000 s.f. 6. Wholesale Lumber and/or other Building Materials, More Than 75,000 s.f. with a maximum size limit of 120,000 s.f. Wholesale Lumber and/or other Building Materials, More Than 120,000 s.f. with a maximum size limit of 160,000 s.f. 7, Wholesaling, Indoor Only

9 A rince Frederick Town enter onditional Uses The following are conditions imposed upon land uses indicated in Section , Table of Land Uses. If a use is listed as conditional in the Land Use Tables (indicated by a '' or an `S'), and no conditions are listed below, the conditions listed in Section 3-1 of the alvert ounty Zoning Ordinance (ZO) apply. The conditions listed below are unique to the rince Frederick Town enter. Note: This section of the rince Frederick Town enter Zoning Ordinance has been renumbered for consistency with the alvert ounty Zoning Ordinance. ommercial Retail Use #12 commercial Retail Use #13 ommercial Retail Use #14 ommercial Retail Use #17 ommercial Retail Use #19 ommercial Retail Use #24 Home Improvement enter, more than 75,000 square feet with a maximum size of 120,000 square feet, provided that the conditions for "Retail ommercial Buildings, more than 75,000 square feet with a maximum size of 120,000 square feet" are met. Home Improvement enter, more than 120,000 'c.f. with a maximum size otitio,uuu s.t. provided that it meets the conditions for "Retail ommercial Buildings, more than 75,000 s.f. with a maximum size of 120,000 s.f.". Mobile Food Sales See ZO for conditions. Retail ommercial Building with Drive-up Facility, more than 75,000 s.f. with a maximum size limit of 120,000 s.f., provided that it meets the conditions for "Retail ommercial Buildings, More than 75,000 s.f. with a maximum size limit of 120,000 s.f." Retail ommercial Building with Drive-up Facility, more than 120,000 s.f. with a maximum size limit of 160,000 s.f., provided that it meets the conditions for "Retail ommercial Buildings, more than 75,000 s.f. with a maximum size of 120,000 s_f." Retail ommercial Buildings, more than 75,000 square feet with a maximum size of 120,000 square feet, provided that the following conditions are met: 1. In the New Town District provided that any outdoor sales areas shall be specifically designed as such and shall include fencing and landscaping around their entire perimeter in accordance with the Architectural Review Standards of this Town enter Zoning Ordinance. They shalt riot impede pedestrian circulation and shall not be located within parking lots. The square footage of outdoor sales areas and outdoor garden centers accessory to a principal use, up to a maximum size of 50,000 s.f., shall be excluded from the maximum square footage permitted by the Land Use harts. 42. In the Entry and Village Districts provided that: a. Building and Site Design In addition to specific requirements of the Town enter Zoning Ordinance and Article 6 of the ounty Zoning Ordinance, the following provisions shall apply: a, Any outdoor sales areas shall be specifically designed as such and shall include fencing and landscaping around their entire perimeter in accordance with the Architectural Review Standards of this Town enter Zoning Ordinance. They shall not impede pedestrian circulation and shall not be located within parking lots. b. h. An outdoor area or areas totaling a minimum of 2000 sq. ft. shall be provided for a bus stop and outdoor seating. The area(s) shall be landscaped and shall be conveniently located near the public entrance and pedestrian travelways. All sides having a public entrance shall include some combination of the following features along no less than 70 percent of the horizontal length of any fagade with a public entrance: recesses, projections, awnings, arcades, display windows and entry areas. (see Guidelines Appendix attached to this Town enter Ordinance). Maintenance Agreement Before a building permit is issued, a maintenance agreement shall be executed between the landowner and the Board of ounty ommissioners, which agreement shall apply whether the building is fully occupied, partially occupied or vacant. The agreement shall provide for the maintenance of the building exterior, signage, lighting, landscaping, parking lots, sidewalks, and trash removal. It shall contain provisions whereby the ounty shall give the landowner notice of any violations of the agreement and a reasonable time to correct the violation. The agreement shall further provide

10 that if the violation has not been corrected within the specified time, the ounty shall be permitted to enter the premises, correct the violation and add the costs incurred to the landowner's next tax bill. The agreement shall be recorded among the land records of alvert ounty and shall be binding on all subsequent owners so long as the building creating the need for the agreement remains standing. ommercial Retail Use #23 ommercial Retail Use #244 (7/12/13) ommercial Retail Use #225 (7/12/13) ommercial Retail Use #236 (7/12/13) Business & ersonal Services Use #13 Business & ersonal Services Use #15 Business & ersonal Services Use #16 Business & ersonal Services Use #17 c o-location2 For the purposes of these regulations, co-location is defined as: The placement of smaller retail and service buildings with individual outside entrances on the same site as a large (75,000 sq. ft. +) retail building. The total square footage of the smaller buildings shall equal at least 20 percent of the large retail building. (See design guidelines for examples of co-location.) The square footage of the co-located buildings shall be excluded from the maximum square footage permitted by the Land Use harts. Waivers for o-location The lanning ommission may waive the requirements for co-location in cases where a large retail store in existence as of August 10, 2004, is to be expanded on-site by no more than 50% of its gross square footage. No waivers shall be granted for (1) the expansion of a large retail store in existence as of August 10, 2004, if the expansion is more than 50% if its gross square footage or (2) the expansion of large retail stores constructed after August 10, Such waivers shall only be granted if the applicant demonstrates that an undue hardship will be imposed due to exceptional narrowness, shallowness, or shape of particular parcels of property or by reason of exceptional topographical conditions or other extraordinary situations or conditions affecting the property. Self-imposed hardship and financial hardship shall not be considered. Retail ommercial Building, more man 120,000 s.f with a maximum size limit of 160,000 s.f., provided that it meets the conditions for "Retail ommercial Buildings, more than 75,000 s.f. with a maximum size of 120,000 s f.". Retail ommercial Sale or Display Area, Outdoor See ZO for conditions Seasonal Retail Sales or Display Area, Outdoor See ZO for conditions. Watermen's Market See ZO for conditions Flex Space Business provided that: 1. in the Old Town, Old Town Transitional, and Fairgrounds District, the size of the building shall be limited to 5,000 square feet; and 2. in all Districts, the conditions of the alvert ounty Zoning Ordinance for Flex Space Businesses shall be met; and 3. noise, odor and glare shall be comparable to or less than retail commercial uses of similar size. Home Occupation. All Employed are Residents See ZO for conditions. Home Occupation, 1 Equivalent Full-time non-resident employee See ZO for conditions. Home Occupation, 2 Equivalent Full-time non-resident employees See ZO for conditions. 2 The requirements for co-location may apply to each phase of a development or to the entire site, at the developer's discretion.

11 Recreation Use #2 Recreation Use #3 Recreation Use #19 (9/9/14) Recreation Use #21 (9/9/14) ommercial Wholesale Use #6 ommercial Wholesale Use #7 arnival, Fair or ircus - Temporary, Less than 5 acres - See ZO for conditions. arnival, Fair or ircus - Temporary, Mess than 5 acres - See ZO for conditions. Target Range, Indoor - See ZO for conditions. Target Range, Institutional - See ZO for conditions. Wholesale Lumber and/or other Building Materials, More than 75,000 s.f. with a maximum size limit of 120,000 square feet, provided that the conditions for "Retail ommercial Buildings, more than 75,000 square feet with a maximum size of 120,000 square feet" are met. Wholesale Lumber and/or other Building Materials, More than 120,000 s.f. with a maximum size limit of 160,000 s.f., provided that it meets the conditions for "Retail ommercial Buildings, more than 75,000 s.f. with a maximum size of 120,000 s.f.".

12 STAFF REORT TEXT AMENDMENT ASE NO b ROOSED AMENDMENTS TO SETIONS AND A OF THE ALVERT OUNTY ZONING ORDINANE Re: Amendments to rince Frederick Town enter for Land Uses and revisions to Land Use onditions. DATE REARED: October 9, 2015 WORK SESSION DATES: October 6, 2015 Board of ounty ommissioners (BO) October 21, 2015 lanning ommission UBLI HEARING DATE(S): TBD AMENDMENTS ROOSED BY: Board of ounty ommissioners at the recommendation of the Department of Economic Development and the ounty Attorney's Office UROSE OF AMENDMENT: Text amendments are being proposed to land use charts and land use conditions of the alvert ounty to remove restrictions and provide more flexibility for development in the Village and Subarea of rince Frederick Town enter. BAKGROUND/ROOSED REGULATIONS: The text amendments propose to address restrictions that developers have identified as prohibiting desired development in the rince Frederick Town enter. The amendments include the following changes in the Village Subarea: hange Attached Dwelling and Attached Multi-family Dwelling from a conditional use to permitted use and eliminate the condition that requires at least 50 percent of the site is reserved for commercial, office or industrial use. Delete the condition for single-family detached dwelling that requires at least 50 percent of the site is reserved for commercial, office or industrial use. ONSISTENY WITH OMREHENSIVE LAN: hapter I: Land and Water Residential Land Use atterns Action 1-47 Allow multi-family housing (apartment and townhouses) in major town centers ONLUSION/STAFF REOMMENDATIONS: Staff recommends the lanning ommission review and discuss the proposed text amendments and direct staff distribute for agency comments.

13 Text Amendment ase #15-08b Amendments to rince Frederick Town enter Land Uses and revisions to Land Use onditions. Black font existing ordinance language Red font proposed ordinance language 84aek-gtr-iketiwough existing ordinance language to be removed

14 alvert ounty Zoning Ordinance: Article 3 Land Use harts RINE FREDERIK ENTER USE # RINE FREDERIK TABLE OF LAND USES - RESIDENTIAL OLD RESIDENTIAL TRANSITIONAL FAIR- GROUND ENTRY VILLAGE NEW FOREST 1 Apartment, Accessory 2. Apartment, Accessory for Resident Watchman/aretaker 3. Apartment, Attached to a Business (3/25/08) 4. Assisted Living Facility 5. Bed & Breakfast Facility with up to 2 Bedrooms in Use 6. Bed & Breakfast Facility with 3 to 5 Bedrooms in Use 7. Boarding House 8. Dwelling, Attached (Duplex, Triplex, Fourplex and Townhouse) 9. Dwelling, Attached: Multi-family 10. Dwelling, Single Family Detached 11. Group Home 12. Liveaboards 13. Lodgers in Residence (no more than 3) 14. Manufactured Home ommunity 15. Manufactured Home for Resident Watchman/aretaker 16. Manufactured Home on Individual Lot 17. Manufactured Home or Recreational Vehicle (Emergency) 18. Manufactured Home Subdivision 19. Manufactured Home, Farm 20. Tenant House 21. Tenant Houses, Additional (no more than 2 additional) S S S S S S

15 A rince Frederick Town enter onditional Uses The following are conditions imposed upon land uses indicated in Section , Table of Land Uses. If a use is listed as conditional in the Land Use Tables (indicated by a '' or an 'S'), and no conditions are listed below, the conditions listed in Section 3-1 of the alvert ounty Zoning Ordinance (ZO) apply. The conditions listed below are unique to the rince Frederick Town enter. Note: This section of the rince Frederick Town enter Zoning Ordinance has been renumbered for consistency with the alvert ounty Zoning Ordinance. Agricultural Use #15 Agricultural Use #27 Residential Use #1 Residential Use #5 Residential Use #6 Residential Use #7 Farm Stand See ZO for conditions. Veterinary Hospital or linic, Small Animals or Household ets See ZO for conditions Apartment, Accessory See ZO for conditions. Bed & Breakfast Facility with up to 2 Bedrooms in Use See ZO for conditions. Bed & Breakfast Facility with 3 to 5 Bedrooms in Use See ZO for conditions. Boarding House, provided that the following conditions are met: 1. An owner lives on the premises, 2. The facility is a part of the dwelling unit with the exception that existing non-conforming guest houses may be used, 3. No separate kitchens are provided, 4. Adequate off-street parking is provided, 5. Fire Marshall and Health Department approvals are obtained, and 6. An Occupancy ermit for such use is obtained. Residential Use #8 Dwelling, Attached (Duplex, Triplex, Fourplex and Townhouse): 1. In Fairgrounds District, provided that at least 40 percent of the units on the site are single family detached dwellings. 2. In Entry District and Village-Dis4Fist-and New Town District provided that at least 50 percent of the site is reserved for commercial, office or industrial use.' 3. In Forest District provided that dwelling units are part of a comprehensively designed community where 30 percent of the dwelling units are single family detached, 30 percent are single-family attached and 30 percent are multifamily. The remaining 10 percent may be any of the above. The lanning ommission may waive this requirement if it can be demonstrated that the proposed development will contribute to a housing mix within the Town enter as a whole that is roughly equal to the required housing mix on the site. Residential Use #9 Dwelling, Attached: Multi-Family: 1. In Entry District, Village-District and New Town District provided that at least 50 percent of the site is reserved for commercial, office or industrial use. 2. In Old Town Transition District provided that: a. at least 50 percent of the site is reserved for commercial or office use (see footnote 1), and b. the site is immediately adjacent to Route 2/4 or Dares Beach Road. 3. In Fairgrounds District provided that no more than 20 percent of the dwelling units on the site are multi-family dwellings. 4. In Forest District, provided that dwelling units are part of a comprehensively designed community where 30 percent of the dwelling units are single family detached, 30 percent are single-family attached and 30 percent are multifamily. The remaining 10 percent may be any of the above. The lanning ommission may waive this requirement if it can be demonstrated that the proposed development will contribute to a housing mix within the Town enter as a whole that is roughly equal to the required housing mix on the site. Residential Use #10 Dwelling, Single-family Detached: 1. In Old Town District, Old Town Residential District, Fairgrounds District, Village District and Old Town Transition District provided that at least 50 percent of the length of the building is 20 feet wide, excluding porches.

16 2. In Entry District,Village-District and New Town District provided that; a. At least 50 percent of the site is reserved for commercial, office or industrial use' and b. At least 50 percent of the length of the building is 20 feet wide, excluding porches. 3. In Forest District provided that: a. dwelling units are part of a comprehensively designed community where 30 percent of the dwelling units are single family detached, 30 percent are single-family attached and 30 percent are multifamily. The remaining 10 percent may be any of the above. The lanning ommission may waive this requirement if it can be demonstrated that the proposed development will contribute to a housing mix within the Town enter as a whole that is roughly equal to the required housing mix on the site, and b. at least 50 percent of the length of the building is 20 feet wide, excluding porches. The requirement that at least 50 percent of the site be reserved for commercial office or industrial use may be waived if the lanning ommission determines that the site is not suitable for commercial use as measured in terms of generally recognized marketing standards. These standards include visibility, accessibility, potential site development costs, and neighboring uses.

17 alvert ounty lanning ommission October 21, 2015 Work Session roposed Text Amendments to the alvert ounty and rince Frederick Zoning Ordinances tvert OUNTY "de 1 UROSE: Text amendments are being proposed to various - sections of the alved ounty and rince Frederick Zoning Ordinances to reduce and/or remove restrictions and provide more flexibility for development in the New Town and Village Subareas of rince Frederick Town enter. 2

18 Text Amendment 15-08a & The text amendments propose to address several restrictions that developers have identified as prohibiting desired development in the rince Frederick Town enter. The amendments include reducing setbacks, density, building height & size and revisions to Land Uses and Land Use onditions in two subareas of the rince Frederick Town enter. 3 Text Amendment 15-08a: rince Frederick Zoning Ordinance hapter III: Site Design. SETBAKS AND LANSAING WITHIN SETBAKS 1. Setbacks and Landscaping alomz Roadways a. Building. arking Lot and Accessory Use Setbacks along Roadways The minimum setback for buildings. parking lots and accessory uses along all roadway rights-of-way within the Town enter is 35 feet ALVE RT cpunty Ae.e./er White font existing la ` «uage proposed language 4

19 Text Amendment 15-08a: rince Frederick Zoning Ordinance HATER III SITE DESIGN E. ERMITTED NUMBER OF DWELL ING UNITS I Determining 'Number of Dwelling Units The number of residential dwelling, units that can be placed on any given site within the Town enter will be determined on the basis of regulations governing protection of natural features (hapter road requirements (hapter II). site Design standards (hapter II) height requirements by District (hapter IV) and ermitted Uses (hapter VII). In no case may the number i.)1. dwellinlt unity per gross acre exceed fourteen White font existing language proposed language 5 Text Amendment 15-08a: I 11 FR IV BUILDING DESIGN c 1 II IGt1T REQUIREMENTS M. Bui ding Height!. Restriction By District (See hapter VI for map of Districts) Old Town District Two stories plus a habitable roof. Maximum height 36 ft. 2. Old Town Residential District Fairgrounds District Old Town Transition District Entry District Village District Forest District New-Town-Distriet New Town District Black font - exi - proposed languag 81ac,15-StiMetWough- language to be removed 40 feet plus a habitable roof except that areas where there is a water supply system which is capable of providing adequate supply for fire protection, is certified by the agency providing fire protection, and is in compliance with-artiste-38a,annotated-ede-ef-maryland hapter 44 of the alvert ounty ode, as amended from time to time, a height of 50 feet, plus the roof, shall be "emitted-allowed. See exceptions in Section (Residential) and (Non-Residential) of the alvert ounty Zoning Ordinance. 60 feet, plus a habitable roof, shall be permitted provided that there is a water supply system which is capable of providing adequate supply for fire protection, is certified by the agency providing fire protection, and is in compliance with hapter 44 of the alvert ounty ode, as amended from time to time.

20 Text Amendment 15-08a RINE FREDERIK ENTER i USE # RINE FREDERIK TABLE OF LAND USES - OMMERIAL RETAIL k 10. Home Improvement enter, Less Than 25,000 s.f. r 11. Home Improvement enter, More Than 25,000 s.f. and Less Than 75,000 s.f. 12. Home Improvement enter, More Than 75,000 s.f. with a maximum size limit of Il 120,000 s.f. J3. Home Improvement enter, More Than 120,000 s.f. with a maximum size limit of s.f. OLD FAIR- NEW ENIRY VILIAGE FOREST RESIDENTIAL TRANST1IONAL GROUND S2 ALVERT punty Black font - existing language - proposed language USE ft RINE FREDERIK TABLE OF LAND USES - OMMERIAL RETAIL Retail ommercial Building with Driveup Facility, Less than 25,000 s.f Retail ommercial Building with Driveup Facility, More than 25,000s.f and less than 75,000 s.f. 17,18. Retail ommercial Building with Driveup Facility, More than 75,000 s.f. with a maximum size limit of 120,000 s.f. 19. Retail ommercial Building with Drive-up Facility, More than 120,000 s.f. with a maximum size limit of 160,000 s.f. RINE FREDERIK ENTER OLD RESIDENTIAL TRANSMONAL FAIR- GROUND ENTRY VILLAGE NEW FOREST Black font - existing language - proposed language

21 Text Amendment 15-08a: USER RINE FREDERIK TABLE OF LAND USES- OMMERIAL RETAIL Retail ommercial Building, Less than 25,000 s.f. 49. Retail ommercial Building, More than 25,000 and less than 75,000 s.f. 24,22. Retail ommercial Building, More than 75,000 s.f. with a maximum size limit of 120,000 s.f. 23. Retail ommercial Building, More than 120,000 s.f. with a maximum size limit of 160,000 s.f.. RINE FREDERIK ENTER OLD RESIDENTIAL TRANSITIONAL FAIR- GROUND ENTRY VILLAGE NEW FOREST Mr.._ Black font existing language proposed language Text Amendment RINE FREDERIK ENTER USER RINE FREDERIK TABLE OF LAND USES - OMMERIAL WHOLESALE 5. Wholesale Lumber and/or other Building Materials, More Than 25,000 s.f. and Less Than 75,000 s.f. 6. Wholesale Lumber and/or other Building Materials, More Than 75,000 s.f. with a maximum size limit of 120,000 s.f. 7 Wholesale Lumber and/or other Building Materials, More Than 120,000 s.f. with a maximum size limit of 160,000 s.f. OLD RESIDENTIAL TRANSITIONAL FAIR- GROUND ENTRY VILLAGE NEW FOREST ALVERT unty - Black font existing language proposed language

22 Text Amendment 15-08a: A rince Frederick Town enter onditional Uses ommercial Retail Use #13 ommercial Retail Use #19 Home Improvement enter, more than 120,000 s.f. with a maximum size of 160,000 s.f. provided that it meets the conditions for "Retail ommercial Buildings, more than 75,000 s.f. with a maximum size of 120,000 s.f.". Retail ommercial Building with Drive-up Facility, more than 120,000 s.f. with a maximum size limit of 160,000 s.f., provided that it meets the conditions for "Retail ommercial Buildings, more than 75,000 s.f. with a maximum size of s.f.". proposed language 11 Text Amendment 15-08a: A rince Frederick Town enter onditional Uses ommercial Retail Use #202 Retail ommercial Buildings more than 75,000 sauare feet with a maximum size of square feet provided that the following conditions are met 1. In the New Town District provided that any outdoor sales areas shall be specifically designed as such and shall include fencing and landscaping around their entire perimeter in accordance with the Architectural Review Standards of this Town enter Zoning Ordinance. They shall not impede pedestrian circulation and shall not be located within parking lots. The square footage of outdoor sales areas and outdoor garden centers accessory to the principal use, up to a maximum size of 50,000 s.f., shall be excluded from the maximum square footage permitted by the Land Use harts. 2. in the Entry and Village Districts provided that: a. Building and Site Design In addition to specific requirements of the Town enter Zoning Ordinance and Article 6 of the ounty Zoning Ordinance, the following provisions shall apply: i. Any outdoor sales areas shall be specifically designed as such and shall include fencing and landscaping around their entire perimeter in accordance with the Architectural Review Standards of this Town enter Zoning Ordinance. They shall not impede pedestrian circulation and shall not be located within parking lots. ii. An outdoor area or areas totaling a minimum of 2000 sq. ft. shall be provided for a bus stop and outdoor seating. The area(s) shall be landscaped and shall be conveniently located near the public entrance and pedestrian travelways. iii. All sides having a public entrance shall include some combination of the following features along no less than 70 percent of the horizontal length of any facade with a public entrance: recesses, projections, awnings, arcades, display windows and entry areas. (see Guidelines Appendix attached to this Town enter Ordinance). b. Maintenance Agreement (Text Amendment proposes no changes to this section.) 3, c. o-location (Text Amendment proposes no changes to this section.)

23 Text Amendment 15-08a: A rince Frederick Town enter onditional Uses ommercial Retail Use #23 Retail ommercial Building, more than s.f. with a maximum size limit of s.f., provided that it meets the conditions for "Retail ommercial Buildings, more than 75,000 s.f. with a maximum size of 120,000 s.f.". ommercial Wholesale Use #7 Wholesale Lumber and/or other Building Materials, More than 120,000 s.f. with a maximum size limit of 160,000 s.f., provided that it meets the conditions for "Retail ommercial Buildings, more than 75,000 s.f. with a maximum size of s.f.". ALVERT. UN TY Awe proposed language 13 Text Amendment 15-08b: alvert ounty Zoning Ordinance: Article 3 Land Use harts roposes to remove the condition that at least 50 percent of the site is reserved for commercial, office or industrial use in the Village Subarea. USE # RINE FREDERIK TABLE OF LAND USES - RESIDENTIAL RINE FREDERIK ENTER OLD RESIDENTIAL TRANSITIONAL FAIR- GROUND ENTRY VILLAGE NEW 8. Dwelling, Attached (Duplex, Triplex, Fourplex and Townhouse) 9. Dwelling, Attached: Multi-family FOREST ALVERT UNTY / Black font existing language proposed language Black Strikethrough - language to be removed

24 A rince Frederick Town enter onditional Uses Residential Use #8 Dwelling, Attached (Duplex, Triplex Fourolex and Townhouse): 1. In Fairgrounds District, provided that at least 40 percent of the units on the site are single family detached dwellings. 2. In Entry District and Village-Distant-and New Town District provided that at least 50 percent of the site is reserved for commercial, office or industrial use.' 3. In Forest District provided that dwelling units are part of a comprehensively designed community where 30 percent of the dwelling units are single family detached, 30 percent are single-family attached and 30 percent are multifamily. The remaining 10 percent may be any of the above. The lanning ommission may waive this requirement if it can be demonstrated that the proposed development will contribute to a housing mix within the Town enter as a whole that is roughly equal to the required housing mix on the site. Residential Use #9 Dwelling. Attached: Multi-Family: In Entry District,Atillage-DIsMiet and New Town District provided that at least 50 percent of the site is reserved for commercial, office or industrial use. 2. In Old Town Transition District provided that: a. at least 50 percent of the site is reserved for commercial or office use (see footnote 1), and b. the site is immediately adjacent to Route 2/4 or Dares Beach Road. 3. In Fairgrounds District provided that no more than 20 percent of the dwelling units on the site are multi-family dwellings. 4. In Forest District, provided that dwelling units are part of a comprehensively designed community where 30 percent of the dwelling units are single family detached, 30 percent are single-family attached and 30 percent are multifamily. The remaining 10 percent may be any of the above. The lanning ommission may waive this requirement if it can be demonstrated that the proposed development will contribute to a housing mix within the Town enter as a whole that Is roughly equal to the required housing mix on the site. Residential Use #10 Dwelling. Single-family Detached: 1. In Old Town District, Old Town Residential District, Fairgrounds District, Village District and Old Town Transition District provided that at least 50 percent of the length of the building Is 20 feet wide, excluding porches. 2. In Entry District, Village-Distant and New Town District provided that: a. At least 50 percent of the site is reserved for commercial, office or Industrial use and b. At least 50 percent of the le eth of the building is 20 feet wide, excluding porches. ALVERT QUNTY - proposed language littaok Strikethr-ough-- language talie-rernov Recommendation/Next Steps: Recommend the lanning ommission direct staff to distribute the amendments for agency comments The agency comments will be discussed with the lanning ommission at a future meeting Joint ublic Hearing to be scheduled with lanning ommission and ounty ommissioners ALVERT S UNTY,,;. 16