A.

Purpose. The intent of the PND floating zone is to implement sound neighborhood design standards incorporating environmental site design to the maximum extent practical in the context of a planned community to create an attractive and integrated residential living experience.

(1)

The PND is established as a floating zone that may be approved by the City of Frostburg with a favorable recommendation from the Frostburg Planning Commission for proposed areas containing at least ten (10) acres of contiguous land under the control and direction of a master developer. Suitable areas shall have readily integrated utility and transportation infrastructure and shall be situated in zoning districts that promote mixed commercial and residential uses or permit a broad range of residential uses so as to support the objectives of the PND floating zone and the Comprehensive Plan.

B.

Goals and Objectives.

(1)

To create visually coherent neighborhoods.

(2)

To accommodate a mix of housing densities and types with allowance for supporting commercial and institutional uses in a manner that encourages interaction among residents and a cohesive neighborhood.

(3)

To set aside strategically located open space areas that are designed to encourage social interaction, recreation, and sensitive area protection.

(4)

To create well-conceived and environmentally-sensitive communities that will serve as an attractive alternative to traditional tract-home sprawl development.

(5)

To provide housing for a broad range of household types that will be a long-term asset for the neighborhood and the City.

(6)

To permit flexibility in the review of PND master plans by the Planning Commission so that specific requirements of this Section may be altered if the master developer can provide acceptable alternative means of meeting the intent of the PND floating zone within the context of a master plan otherwise meeting the goals and objectives of these regulations. This flexibility will not include deviation from the minimum ten (10)-acre standard establishing the threshold for application.

C.

Process for PND Review.

(1)

The proposed PND floating zone shall be designed in a master plan format and submitted for review by application, a start-up meeting, and a three-stage review process.

(2)

A letter application requesting initiation of a floating zone process shall be provided by the proposed master developer to the City, which shall include evidence of permission for this step from all property owners within the proposed PND area. Staff will schedule a planning meeting with all necessary review agencies as a first step.

(3)

Following the start-up meeting, an initial concept plan shall be submitted for the Planning Commission's review. This plan shall indicate the proposed development situated within the natural environment, emphasizing watershed management and sensitive area protection.

(4)

Following comments on the concept plan, a traditional preliminary and final plan submission will be made in accordance with the process for major site plan review found in the Frostburg Subdivision and Land Development Regulations. These plans will be circulated for review by outside agencies as may be necessary.

(5)

As part of the plan review, the Planning Commission will hold a public hearing with notice to adjoining property owners prior to making its final recommendation to the Mayor and Council. Following the hearing, the final plan may be recommended for approval by motion of the Planning Commission. Any such motion shall include a recommendation to the Mayor and Council to change the official zoning map by affixing the PND floating zone thereto.

(6)

Approval of the PND zone by the Planning Commission requires express findings of fact that the application and master plan presented for PND:

(a)

Satisfies the stated purpose, goals, and objectives of Section 5.1B of this Ordinance;

(b)

Supports and is consistent with the Comprehensive Plan;

(c)

Will not have adverse impacts on the adequacy of public facilities and services in the community.

(7)

After receiving any recommendations of the Planning Commission concerning any such amendment to this Ordinance, and before adopting or denying same, the Mayor and Council shall hold a public hearing in reference thereto in order that parties of interest and citizens shall have an opportunity to be heard. The Mayor and Council shall give public notice of such hearing in accordance with the provisions of Section 1.10 of this Ordinance.

(8)

A majority vote of the entire body of the Mayor and Council shall be required to pass any amendment to this Ordinance. No amendment shall become effective until at least twenty (20) days after at least one (1) public hearing by the Mayor and Council.

D.

Permitted Uses. The following uses shall be permitted by right in the PND zones:

(1)

Single-family detached homes; two (2)-family detached homes, twin dwellings, or duplex homes; townhouse rows of at least three (3) but not exceeding six (6) attached units; and multifamily apartment buildings, including but not limited to condominiums, senior housing, and assisted living units.

(2)

Patio Home (Garden Home), defined as a single-family home that sits on a smaller than standard lot containing one (1) outside wall of the structure constructed on a property line. Patio homes have no common structural walls with adjoining properties, but the 'zero lot line' wall may form part of a neighbor's back or side yard wall. These structures may include a smaller than standard back or side yard, but of sufficient size to contain a patio or garden.

(3)

Commercial uses, to include retail and service businesses and professional offices consistent in use and scale with the purpose, goals, and objectives of the PND zone, including but not limited to:

(a)

Services to Other Business Customers.

(b)

Offices for Professional Services.

(c)

Medical and Dental Offices.

(d)

Financial Service Businesses and Banks.

(e)

Neighborhood Retail Businesses.

(f)

Shops Providing Personal Services.

(g)

Restaurants.

(h)

Antique Shops.

(i)

Bed and Breakfast.

(j)

Day Care meeting the requirements of this Zoning Ordinance.

(4)

Municipal or governmental uses, including public buildings, public parks and open space, and public common spaces including squares or greens.

(5)

Institutional uses providing community services to the neighborhood, including senior centers, community centers, churches, schools, and noncommercial recreation facilities.

E.

Permitted Density and Lot Size.

(1)

Residential Density. Density will be determined based on a calculation of the Net Buildable Land and Gross Land Area. Gross Land Area is defined as the surveyed area within the proposed master plan area. Net Buildable Area is defined as Gross Land Area less land area reserved for essential public infrastructure and accompanying rights-of-way and/or easements, and less proposed open space intended to meet the requirements of this Section. Calculation of Net Buildable Area begins with total surveyed area in the proposed master plan area and subtracts out:

(a)

area of proposed and/or existing public and private streets and rights-of-way;

(b)

area of proposed and/or existing permanent utility easements;

(c)

area of proposed and/or existing stormwater management facilities; and

(d)

area of land proposed for open space as must meet or exceed requirements found herein.

(2)

Existing vacant land and annexation areas recommended in the Growth Management Plan Element of the Comprehensive Plan may develop under the PND zone at a minimum density of four (4) dwelling units per acre, up to a maximum density of twelve (12) dwelling units per acre of Net Buildable Land as defined above.

(3)

Lot Size. The PND zone does not establish or require a minimum lot size and replaces any lot size requirement found in base zoning when approved.

F.

Supplemental Lot Requirements and Land Use Guidelines: Lot, Yard and Height Requirements.

1.

Land use guidelines, subject to Planning Commission review:

2.

At least 15% of the gross area of the land in the PND shall be set aside for open space, subject to Planning Commission review of environmental site conditions indicated on the concept plan.

a.

At least 70% of the Net Buildable Land shall be designated for residential uses other than multifamily apartment buildings of three (3) or more units, including but not limited to condominiums, senior housing, and assisted living units.

3.

No more than 5% of Net Buildable Land shall be reserved for commercial uses.

4.

No more than 15% of Net Buildable Land shall be reserved for institutional uses.

5.

Approximately 15% of Net Buildable Land should be allocated for two (2)-family or multifamily dwellings.

6.

Different types of residential dwellings may be mixed on the same block. Residential buildings may be mixed with nonresidential buildings on the same block or lot. A residential use may be mixed with nonresidential uses in the same building.

G.

Provisions for Streets and Access Improvements.

(1)

A comprehensive pedestrian and bicycle circulation system is to be presented as a discussion item during Planning Commission review. This system would link uses and sections within the planned neighborhood and where feasible to nearby pedestrian and bike corridors to minimize walking distances and reduce dependence on the private automobile for internal travel and access to off-site destinations. Based on the discussion, the Planning Commission shall determine if construction of a pedestrian and bicycle circulation system is required.

(2)

A sidewalk and curb system is to be presented as a discussion item during Planning Commission review, so that the master developer can demonstrate whether these improvements will be beneficial within the planned community or any of its subsections in furtherance of the purpose, goals, and objectives of this Section 5.1. Based on the discussion, the Planning Commission shall determine if a sidewalk and curb system is to be constructed as part of the overall development.

(3)

The width of street paving shall be determined by the topography, use, and traffic pattern anticipated for each road. Low volume street construction may be allowed where appropriate.

(4)

No less than seventy-five percent (75 %) of commercial parking spaces shall be to the rear of the building. The Planning Commission may reduce or waive on-site parking requirements where suitable and adequate parking will be achieved off-site or on-street.

(5)

When use of a cul-de-sac street is proposed, the terminus of the public street shall be at least eighty (80) feet in diameter of pavement and one hundred (100) feet of property diameter to allow drivers to reverse direction without backing up. No cul-de-sac street shall be longer than five hundred (500) feet. This shall be measured from a point beginning at the centerline of the cul-de-sac street intersecting with a line extending along the curb face or edge of pavement of the intersecting street where the cul-de-sac street begins to the furthest edge of the property reserved for the cul-de-sac, including the shoulder area. This requirement may be waived by the Planning Commission for those areas where a low volume street system is approved.

H.

Open Space Ownership and Management. All lands and improvements in designated open space shall be established, managed, and maintained in accordance with the following guidelines:

(1)

Designated open space shall be surveyed and legally described as a separate parcel or parcels.

(2)

Designated open space must be restricted from further development by a conservation easement. The conservation easement must be submitted with the preliminary site plan and approved by the Planning Commission prior to a final recommendation to the Mayor and Council. The status of designated open space placed in conservation by easement may be adjusted by later review of the Planning Commission if the Commission finds that the adjustment is consistent with the design of the approved master plan and the master plan maintains the minimum open space area required pursuant to this Section 5.1.

(3)

Fee ownership of land containing any parcel designated for open space within the PND master plan must be subject to the terms of a conservation easement. Conservation easements may be held by:

(a)

A common ownership association, individual members of which own non-open space land within a subdivision contained within the proposed master plan area and in which membership in the association by all property owners in the subdivision shall be mandatory;

(b)

Any individual who will use the land in accordance with the terms of the conservation easement;

(c)

The City of Frostburg or other governmental agency;

(d)

A private, non-profit organization designated by the Internal Revenue Service as qualifying under section 501(c)(3) of the Internal Revenue Code with articles of incorporation authorizing such ownership; or

(e)

A combination of the entities in subsection (a—d) above.

(4)

The conservation easement must specify:

(a)

What entity will maintain the designated open space;

(b)

The purposes of the conservation easement and the conservation values of the property;

(c)

The legal description of the land under the easement;

(d)

The restrictions of the use of the land;

(e)

To what standards the open space will be maintained; and

(f)

Who will have access to the open space.

(5)

The owner of the underlying land shall be responsible for the payment of taxes and assessments on any designated open space parcel.

I.

Process for Amending a PND Master Plan.

(1)

Once the Mayor and Council has acted to approve a PND floating district under Section 5.1 and the measure has gone into effect, the final master plan map and accompanying stipulations as recommended by the Planning Commission as may be amended by the Mayor and Council, shall be considered to be a primary contributing element to and part and parcel of the official zoning district regulations in effect within the floating area, superseding the underlying zoning district regulations where noted. In that regard, core characteristics of the master plan shall not be changed or removed without due process under a zoning text amendment process in accordance with Section 1.9A of this Ordinance and the Land Use Article of the Annotated Code of Maryland.

(2)

Core characteristics of the master plan that would require a zoning map change pursuant to Section 1.9B of this Zoning Ordinance prior to approval of any subdivision or site plan process wherein the developer requests modifications of these characteristics within the master plan area are as follows:

(a)

Removal of Open Space to a point below 15% of gross area of the land in the PND;

(b)

Deletion of any identified community amenity within the Net Buildable Area, including but not limited to improved recreation areas, buildings for community or recreational use, public squares or greens, or connecting pathways for pedestrian or bicycle users within the PND area; or

(c)

Construction of multifamily apartment buildings of three (3) or more units, including but not limited to condominiums, senior housing, and assisted living units to a point beyond thirty percent (30%) of Net Buildable Area.

(d)

Other characteristics of the master plan if specified by the Planning Commission at the conclusion of the final plan review process if approved by the Mayor and Council.

(3)

Nothing herein shall interfere with the Planning Commission's or the City of Frostburg's authority to allow the master developer or any secondary developer to propose modifications of form or dimension proposed in the master plan during a subdivision or major site plan review process as long as core characteristics are maintained and no other Federal, State, or local laws are violated by such modifications.