Purpose and Intent: The Age Restricted Community Development (ARCD) option is intended to provide flexible design of active adult/retirement oriented communities within the City. The City recognizes that age-restricted or active adult communities have inherent design characteristics and needs that require alternative regulatory standards. The ARCD option is consistent with the policies of the Comprehensive Plan. It will be implemented in a manner that recognizes this alternative and accommodating approach to land design and development, in an effort to provide housing options for the City's aging residents.

An ARCD project should support one or more of the Comprehensive Plan policies such as:

• Encourage development to be compatible with the character of existing or planned development in the vicinity.

• Allow land uses that build upon regional and local economic assets.

• Implement a City-wide land use pattern that supports the desired level of population and employment growth.

• Support creative site planning and architecture in order to establish a built environment that maintains and enhances neighborhood character and aesthetics, and offers various levels of interaction to all members of the community while allowing for innovative design.

• Encourage redevelopment of underutilized land within current municipal boundaries, including revitalization and reinvestment of traditional business corridors.

• Facilitate development of an adequate housing supply for current and future residents.

• Promote the development of housing with costs that reflect the range of incomes generated within the City.

• Support diverse residential development in the City.

• Expand trail network and greenway corridors for bike and pedestrian mobility.

(a)

Applicability and Approval Procedures.

(1)

An ARCD may be established on any site, or within any structure, located in a Residential or Mixed Use (MU-1), district.

(2)

An ARCD requires the approval of a master plan as provided in Section 310 of this Code.

(3)

An ARCD requires the submittal of proposed restrictive covenants applicable to the development to ensure that the development is limited exclusively to housing intended for and occupied by qualified persons under the Fair Housing Act, in accordance with the provisions of 42 U.S.C § 3607(b)(2).

(4)

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

(b)

Review Criteria.

(1)

In requesting approval, including any modifications or development phasing plans as provided in subsection (d) of this section, the applicant must demonstrate how the project meets the purpose and intent statement of this section with consideration given to:

A.

The compatibility and desirability of such development in relation to its location and surroundings;

B.

Consistency with the purpose and intent of the base zoning district;

C.

The relationship of activities and uses within the development in a manner that supports an active adult/senior population living environment;

D.

The adequacy of a safe and efficient transportation system, including accessibility of bicycles and pedestrians; vehicular circulation; and the location of available parking;

E.

The amount, location, and extent of open space, landscaping, and screening treatment, including the integration of any natural features;

F.

The building materials, finishes, and architecture;

G.

Both the on-site amenities and services being provided and the off-site amenities and services in close proximity to the project;

H.

The provision of a variety of housing types; and

I.

In the MU-1 district, the provision of non-residential uses and amenities in a manner that creates a mixture of compatible activities.

(c)

Permitted Uses.

An ARCD project may include all dwelling types in addition to any use listed in the respective base zoning district in Table 404-1.

(d)

Density, Dimensional, and Design Standards.

(1)

The performance standards of Section 407 of this Code, the dimensional standards of Section 405 of this Code, and except as otherwise addressed, the dimensional regulations established in Section 417, Table 417-1 of this Code may be modified by the Commission at the time of master plan approval provided that:

A.

The modification is consistent with the Comprehensive Plan;

B.

The application includes compensating design or architectural features so as to meet the overall objectives of the particular requirement; and

C.

The modifications are requested in order to accommodate product types with first floor living or other characteristics of universal design, as defined in Section 1002 of this Code.

(2)

In the MU-1 district the following standards do not apply in an ARCD:

A.

The minimum density requirement per Table 417-1 of this Code; and

B.

The Floor Area Ratio (FAR) per Table 417-1 of this Code.

(3)

In addition to the standards of paragraph (1) of this subsection, where applied in the MU-1 zone, the following standards may be modified by the Commission:

A.

Parking. Parking areas may be located in the front of a principal building to accommodate products that provide the option for private living spaces (i.e., deck, porch, or patio) in the side or rear yard, first-floor living (i.e. master bedroom on the first floor), and/or other universal design features to accommodate the housing products of the target market.

B.

Design Category.

i.

Single family dwelling units must comply with Class B design standards in accordance with Section 604 of this Code; and

ii.

Townhouse and multifamily dwelling units must comply with Class A design standards in accordance with Section 604 of this Code.

C.

Nonresidential Land Uses. For the purposes of calculating the land use mixture per Table 417-1 of this Code, nonresidential land uses may include programmed amenities, public parkland dedicated beyond the minimum required, and/or parkland programmed to provide an enhanced public benefit or use.

(4)

The master plan must include a design booklet which provides details on building form and architectural design of buildings, the design and location of parking areas, pedestrian circulation patterns, the design of public spaces, including, but not limited to, plazas, parks and squares, as well as the road standard to be used throughout the community.

(5)

The applicant shall provide a conceptual sign plan as part of the ARCD master plan in accordance with Section 864 of this Code.

(6)

The applicant shall provide an amenity plan in accordance with this paragraph. The Commission may take into consideration other amenities in close proximity to the project in determining the location and amount of on-site amenities being provided. An amenity plan must include:

A.

A trail system, walking-biking paths, and sidewalks;

B.

A clubhouse or other multipurpose building of at least 1,500 square feet and appropriate to the size of the community;

C.

Active and passive recreational open space; and

D.

A phasing schedule as follows:

i.

If a development is to be built in phases, then the developer shall submit a proposed schedule for completion of amenities. The schedule shall relate completion of such amenities to completion of one or more phases or stages of the entire development.

ii.

Once a schedule has been approved and made part of the master plan, land may be used and buildings may be occupied only in accordance with the schedule approved as part of the master plan.

iii.

Where the ARCD is approved in the MU-1 zone, the phasing requirements of Section 417(d) of this Code do not apply. However, building permits for more than 75% of the residential dwelling units will not be issued until at least 25% of the non-residential developable ground is constructed.

(e)

Infrastructure Standards.

(1)

Public facilities must be designed in accordance with Section 2-20 of the Frederick City Code.

(2)

In order to ensure the adequate provision of public facilities in conformity with the Comprehensive Plan, the Commission may require that an ARCD master plan include dedication of land for public facilities in accordance with this section. In determining the appropriate dedication, the Commission shall take into account the facilities:

A.

Being provided by the ARCD development itself;

B.

Proposed by the Comprehensive Plan or by a City or County agency and roughly proportionate to the impacts of the development;

C.

Included in a Development Rights and Responsibilities Agreement; or

D.

Provided as part of a mitigation agreement.

(3)

Land dedicated pursuant to subsection paragraph (2) of this subsection shall be dedicated as part of the development process. Any dedicated land may be used in determining overall project density.

(4)

Where the entire project is being designated as age-restricted and covenants prohibit the occupancy of persons under the age of 18 years, no land dedication for public schools will be required.

(Ord. No. G-17-31, § II, 12-7-17)