Purpose. This section:

• Encourages the integrated and creative design of a variety of land uses and housing types.

• Provides efficiencies in the use of infrastructure and streets.

• Promotes affordable housing.

• Maximizes open space and preserves attractive natural features.

• To accomplish the purposes listed above, allows land to be developed with integrated and/or clustered land uses on the basis of overall density rather than on the basis of conventional minimum lot and yard requirements.

• Modifies the traditional strict segregation of land uses and housing types in the base zoning districts.

• Allows design flexibility by permitting some variation in lot sizes and required yards but without an increase in density of development.

• Authorizes cluster development options that allow home buyers a choice of lot sizes according to their needs while preserving green space, tree cover, natural drainage ways, nontidal wetlands, floodplains, and open space. The reduction of lot areas pursuant to this cluster development option is considered a self-created hardship. Inadequate lot area for accessory dwelling units is not considered grounds for a hardship variance. Applicants may record a covenant advising purchasers of this condition.

• Allows for the inclusion of a neighborhood commercial component, which is to be easily accessible from all parts of the planned neighborhood development or which is a logical extension of an existing commercial area.

• Requires an overall community master plan to compensate for the absence of more conventional requirements so that the intent of this Code, and especially of this section, is met.

(a)

Applicability and Approval Procedures.

(1)

A PND may be established only in residential districts as defined in Section 1002 of this Code.

(2)

A PND requires the approval of a Master Plan as provide in Section 310 of this Code.

(3)

The Master Plan for a PND is subject to the performance standards established in Section 407 of this Code in addition to the regulations established in this section.

(4)

All other requirements of this Code not expressly eliminated or modified by this section apply to a PND.

(b)

Review Criteria.

(1)

In reviewing the application and PND Master Plan, the Planning Commission shall consider, among other things, the consequences of the plan or traffic flow, the economic provision of public services, maintenance of open space and preservation of sensitive natural areas, the extent to which the development is planned as a unit, the relationship of activities within the development, and particularly the compatibility of the planned neighborhood with properties not a part of such development.

(2)

In exercising its discretion as to the approval or disapproval of a planned neighborhood, the Planning Commission shall be guided by consideration of suitability and desirability of such development in relation to its location and surroundings. No such development shall be approved unless the Commission finds that it will constitute a primarily residential environment of continuing desirability and stability, in reasonable harmony with the character of the surrounding neighborhood and ensuring substantially the same or a higher standard of development than that which occurs pursuant to the Euclidean zoning district in which the PND standards are being applied.

(c)

PND Development Phasing.

(1)

The PND Master Plan shall include a phasing schedule for the construction of infrastructure, including streets, water, sewer, stormwater management, parks and open space, and schools. If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of the application, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one or more phases or stages of the entire development. Once a schedule has been approved and made part of the Master Plan, no land may be used and no buildings may be occupied except in accordance with the schedule approved as part of the Master Plan.

(2)

Areas of construction and areas for development shall have associated phases clearly identified on the plan.

(d)

Permitted Uses.

(1)

Except as otherwise prohibited by this section, a planned neighborhood may include dwelling types and uses other than those permitted in the Euclidean zoning district(s) in which the PND standards are being applied for the purpose of creating a self-contained neighborhood having a variety of housing types and related service facilities.

(2)

Commercial areas within a PND shall comply with the following:

A.

Commercial areas shall not exceed one acre for every 100 dwelling units.

B.

The PND Master Plan shall identify areas for general commercial and areas for neighborhood commercial uses and building forms.

C.

For purposes of subsection B, "neighborhood commercial" means commercial areas with use and design standards generally consistent with the NC district. Neighborhood commercial uses are permitted by right as part of the PND Master Plan.

D.

For purposes of subsection B, "general commercial" means commercial areas with use and design standards that are generally consistent with the GC district. An area designated as general commercial shall not be approved as part of a PND Master Plan unless a separate rezoning to the "GC" zoning district is approved.

(3)

Senior living facilities shall be permitted in a specially designed or thematically planned neighborhood where such facilities would be appropriate, on the basis of one bed for each 250 square feet of lot area, excluding on-site restaurant, retail and personal services available to the residents and the general public.

(4)

Retail commercial and residential uses may be mixed in a specially designed or thematic commercial portion of a planned neighborhood, where such mixing of uses would be of significant benefit to the overall character of that particular planned neighborhood.

(5)

In accordance with Section 802, Accessory Detached Dwelling Units (ADDUs) are permitted in PND.

(e)

Dimensional and Density Standards.

(1)

The dimensional regulations, including lot size, frontage, height, setback, and impervious surface ratio established in Section 405, Table 405-1 for the Euclidean district in which the PND standards are being applied may be modified by the Planning Commission subject to the following limitations:

A.

The minimum street setback as required under Section 405 for the district must be provided for lots which front on an arterial street.

B.

The minimum lot size as required under Section 405 for the district may be required by the Planning Commission for any lot which adjoins a major arterial, railroad, or a multifamily, commercial, industrial or other nonresidential area.

C.

Any structure that exceeds the building height normally applicable to an adjoining zoning district shall be set back from the boundary of the PND a distance equal to twice its proposed height or 90 feet, whichever is greater. In no case shall a structure exceed 90 feet in height.

(2)

The maximum density within a PND is determined by dividing the gross area (in square feet) of each zoning district within the tract by the least minimum lot area per dwelling unit specified in Section 405 for each district. The sum of the units allowed for all districts within the Planned Neighborhood is the maximum number of units allowed.

(3)

The setback and lot coverage requirements for accessory structures as set forth in Section 803 of this Code may be modified within a PND provided that:

A.

The distance between the principal structure and the accessory structure is at least six feet;

B.

The distance between the structure and a public right of way is at least six feet; and

C.

The structure is not located within the sight distance triangle as described in Section 611 of this Code.

(f)

Environmental Standards.

(1)

No structures subject to a PND Master Plan shall be located within the floodplain areas designated for protection from clearing or cutting pursuant to the Frederick City Forest Conservation Ordinance (Section 721), threatened or endangered species habitat, or any other environmentally sensitive areas subject to Article 7 of this Code.

(2)

No structures subject to a PND Master Plan shall be located within areas subject to slopes exceeding 25 percent. For purposes of this section, "areas subject to slopes" includes only those areas of size 400 square feet or greater. The Planning Commission may modify this requirement if the applicant demonstrates that construction is not unsafe and will not create landslides, stormwater discharge, or erosion beyond what would occur on slopes of less than 25 percent, subject to any conditions presented in the application. The applicant shall provide the following information if a modification is requested:

A.

A detailed site analysis of soil conditions,

B.

A detailed site analysis of hydrology,

C.

A detailed site analysis of bedrock conditions, and

D.

A detailed site analysis of any other engineering and environmental considerations as may be required to determine whether the proposed development will create a threat to the public health, safety and general welfare or cause land subsidence, erosion, or increases in the rate of volume of stormwater entering adjoining properties.

(g)

Infrastructure Standards.

(1)

In order to adequately provide for planned public park, and other facilities that conform to the Comprehensive Plan, a PND Master Plan shall include dedication of land for schools, police/fire stations, or libraries:

A.

As proposed by the Comprehensive Plan or by a City or County agency, and that are roughly proportionate to the impacts of the development, or

B.

As included in a Development Rights and Responsibilities Agreement.

(2)

Land dedicated pursuant to subsection (g)(1) of this section shall be dedicated as part of the development process. Compensation shall be provided to the property owner by allowing those dwelling units lost by such public land dedication to be developed elsewhere on the property. (See subsection (f)(3)).

(3)

The Planning Commission may approve design modifications according to City standards for roads, lighting, sidewalks, utilities, and other public facilities, if the Planning Commission determines that the requested modifications:

A.

Are compatible with surrounding neighborhood,

B.

Are compatible with the overall development of the City,

C.

Will not be detrimental to public health and safety or to the delivery of public services to the future residents of the PND, including police, fire protection, emergency services, utilities, solid waste collection, and schools; and

D.

Are subject to mitigation measures that resolve the issues and address the purpose of the regulations that are subject to modification.

(h)

Design Standards.

(1)

The Master Plan shall include design standards governing the form and architectural design of buildings, the design and location of parking areas, pedestrian circulation patterns, as well as the design of public spaces including but not limited to plazas, arcades, and squares. A design booklet of the building forms and architecture shall be submitted with the application.

(2)

Any PND applicant meeting the criteria herein may submit requests for alternative design modifications described in this section with submission of a PND Master Plan application, or after Commission approval of a PND Master Plan.

(3)

The Commission may approve any proposal for fencing of sections of the PND, or in any required yard of individual lots within a section, provided that:

A.

The fencing is part of an overall fencing plan for the PND;

B.

The Commission finds that the fencing plan is in harmony with the intent and design of the PND;

C.

The fencing is compatible with surrounding residential developments; and

D.

The fencing is approved by the City Engineer as to compatibility with City highway safety standards.

(3)

The applicant shall provide an overall sign plan as part of the PND Master Plan in accordance with Section 864 of this Code.

(4)

Parking and loading standards within a PND must comply with Section 607 of this Code. On-street parking may be provided in a PND by a modification granted by the Planning Commission pursuant to Section 410 of this Code.

(Supp. No. 9, Ord. No. G-10-03, § 1, 4-11-10; as previously amended under Supp. No. 4, Ord. No. G-07-3, § 2, 1-4-07; Supp. No. 10, Ord. No. G-12-12, § 1, 5-27-12)