A.

Purpose

The CR Overlay District is a flexible voluntary alternative zoning district that encourages commercial redevelopment of specifically designated properties on or near US Route 1. The CR Overlay District is intended to promote the following:

1.

Redevelopment that benefits the surrounding residential and business areas by creating and enhancing well designed centers that help create a vibrant marketplace.

2.

The encouragement of the most favorable arrangement of building, parking, vehicle circulation, pedestrian circulation, public areas, landscaped areas and other site features based on the physical site characteristics and the character of the surrounding developments. This arrangement is subject to and required to meet the design standards of the Route 1 Manual.

3.

The provision of creative high-quality architectural and site design that minimizes isolated buildings or pad sites and presents a positive image along or near the U.S. Route 1 corridor.

4.

The development of a mixture of commercial land uses based on market conditions, the site characteristics, and the current or intended future character of the surrounding developments.

5.

The encouragement of projects which involve the assembly and redevelopment of the greatest number of adjoining properties, and the discouragement of smaller projects that obstruct the assembly and redevelopment of adjoining properties.

The goals of the CR Overlay District will be accomplished with high-quality, new Optional Design Projects that are pre-planned and approved through a deliberative process.

Appropriate locations near major US 1 intersections, for the CR Overlay District depend on various factors for specific targeted properties which have been determined to have high visibility, good access, or other advantages for furthering US Route 1 redevelopment and Howard County economic development. Therefore, the CR Overlay District is a mapped district which only may be proposed during the Comprehensive Zoning Plan process.

B.

Uses Permitted as a Matter of Right in an Optional Design Project Only

1.

Except for those excluded uses listed in Section 121.1.D below, all other use categories permitted as a matter of right in the POR, B-1, and B-2 Districts are permitted as a matter of right, provided that the use categories are authorized in an approved Optional Design Project.

2.

Special use categories that are not specifically permitted as a matter of right in the POR, B-1, and B-2 Districts, but are considered to be equivalent to and/or compatible with the permitted use categories, provided that the special use categories are authorized in an approved Optional Design Project and provided that the special use categories are not uses listed in Section 121.1.D below.

C.

Uses Permitted as a Matter of Right if Not in an Optional Design Project

Uses and accessory uses permitted in the underlying zoning district.

D.

Excluded Uses

The following principal uses are specifically excluded from the CR Overlay District and are not permitted:

1.

Adult live entertainment establishments.

2.

Bus terminals.

3.

Dwellings, except as may be permitted under Section 121.1.E.

4.

Funeral homes and mortuaries.

5.

Motor vehicle, construction equipment and farm equipment maintenance, repair and painting facilities, including full body repair and incidental sale of parts.

6.

Motor vehicle, construction equipment and farm equipment sales.

7.

Motor vehicle inspection stations.

8.

Motor vehicle parts or tire stores, including installation facilities.

9.

Motor vehicle towing and storage facilities.

10.

Nursing homes and residential care facilities.

11.

Private parks, swimming pools, playgrounds, athletic fields, tennis courts, basketball courts, and similar private, noncommercial recreation facilities.

12.

Religious facilities, structures and land used primarily for religious activities.

13.

Retail and commercial service uses which include drive-through service, except as may be permitted under 121.1.E.

14.

Schools, private academic, including colleges and universities, except as may be permitted under Section 121.1.E.

15.

Volunteer fire departments.

E.

Integrated-Design Uses Subject to Authorization

The following uses may be authorized as permitted uses in an Optional Design Project provided that it is found that they are creatively integrated into the project's architectural and site design and are specifically approved in the Optional Design Project.

1.

Motor Vehicle Fueling Facility.

2.

Retail and commercial service uses which include drive-through service.

3.

Schools, private academic, including colleges and universities.

F.

Accessory Uses in an Optional Design Project

Only as specifically established with the approval of the Optional Design Project.

G.

Optional Design Project Bulk Regulations

As specifically established with the approval of the Optional Design Project. With the exception that the maximum height of any structures in a CR District shall not exceed 65 feet.

H.

Procedure for Approval of an Optional Design Project

1.

The owner of an interest in a tract of land zoned with the CR Overlay District constituting a minimum of one acre of land or a minimum of three acres of land in the event that a Motor Vehicle Fueling Facility is proposed as a use in the Optional Design Project may submit an application for an Optional Design Project. Prior to preparing a specific plan and submitting an application, the Petitioner is encouraged to meet with the Department of Planning and Zoning on an informal basis to discuss the overall concept for the intended Optional Design Project.

2.

Prior to filing a formal application for an Optional Design Project, the Petitioner shall present the Optional Design Project Plan to the Design Advisory Panel for evaluation in accordance with the procedures established in Section 16.1500 of the Howard County Code. The Design Advisory Panel recommendations shall be included in the Technical Staff Report produced by the Department of Planning and Zoning and forwarded to the Planning Board for its consideration of the Optional Design Project.

3.

The formal application shall be submitted to the Department of Planning and Zoning and shall include:

a.

An optional Design Project Plan which includes sheets depicting all existing natural and current development features of the CR Overlay District land area to be included in the Optional Design Project, and also depicting and/or listing, as may be appropriate, the following for the proposed Optional Design Project:

(1)

A boundary survey

(2)

Permitted uses

(3)

Accessory uses

(4)

Buildings

(5)

Structures

(6)

Parking areas and number of parking spaces

(7)

Points and widths of vehicular ingress and egress

(8)

On-site pedestrian-related features and connections to off-site pedestrian-related features

(9)

Landscaping

(10)

Hardscaping

(11)

Retained natural features such as wetlands, steep slopes, and tree and forest color

(12)

Architectural elevations of all sides of all buildings and significant structures with exterior materials specified

(13)

Exterior lighting plan with lighting structures and light sources given on specific lighting product information sheets

(14)

Information on the adjoining properties, including the owner name, zoning, existing use, and existing site improvements

b.

A written justification statement that expresses in detail:

(1)

How the proposed Optional Design Project conforms to the Purpose Statement for the CR Overlay District.

(2)

How the proposed Optional Design Project will enhance and not overwhelm the surrounding community.

(3)

How the proposed Optional Design Project will be of a benefit to Howard County that is greater than a conventional development on the property using the underlying zoning district regulations.

(4)

Supporting documentation, including but not limited to market studies and traffic studies.

4.

The submitted Optional Design Project application will be assigned an Optional design Project case number and the application shall be subject to the standard preliminary review process conducted for all zoning-related cases to determine if the information in the application materials is sufficient to adequately evaluate the proposal. If the Department of Planning and Zoning determines that it needs additional information and/or clarifications, it shall so notify the applicant in writing within 14 days of receiving the application. Once the Optional Design Project application information is determined to be sufficient for the initial formal evaluation, the case shall be considered officially accepted for scheduling purposes.

5.

Within 14 days of officially accepting the case for scheduling purposes, the Department of Planning and Zoning shall schedule a required formal project meeting with the Petitioner and/or the Petitioner's project team if;

a.

The Petitioner has not held informal meetings with the Department of Planning and Zoning to discuss the overall concept for the intended Optional Design Project prior to submitting the formal application, or

b.

The Department of Planning and Zoning has concerns regarding the use, design, and or scope of the Optional Design Project that have changed from what was discussed, indicated, and/or shown during the informal meeting(s).

6.

Once the Optional Design Project is determined by the Department of Planning and Zoning to be suitably in conformance with the Purpose of the CR Overlay District, at the discretion of the Petitioner, the Petitioner may schedule to have the Optional Design Project be reviewed by the Subdivision Review Committee (SRC) at a regularly scheduled meeting of the SRC. The purpose of this optional SRC review would be for the Petitioner to have advance notice of any issues in the Optional Design Project that would not comply with all technical requirements of any of the reviewing agencies.

7.

At the point that the Petitioner decides to proceed with the Optional Design Project and so notifies the Department of Planning and Zoning, the Department of Planning and Zoning shall schedule the Optional Design Project for a Planning Board hearing. The Department of Planning and Zoning shall prepare a Technical Staff Report on the Optional Design Project, and formally issue this Technical Staff Report at least two weeks prior to the scheduled Planning Board hearing.

8.

The Planning Board shall hold its public hearing on the Optional Design Project and may take into consideration any comments presented at that public meeting. The Planning Board may;

a.

Approve the Optional Design Project as proposed, based upon findings that the proposed Optional Design Project will accomplish the purposes of the CR Overlay District;

b.

Approve the Optional Design Project with revisions or conditions, based upon findings that the revised Optional Design Project will accomplish the purposes of the CR Overlay District, or

c.

Deny the Optional Design Project.

9.

The Planning Board shall issue its formal decision on the Optional Design Project in a Decision and Order. If the Optional Design Project is approved, all approved exhibits of the Optional Design Project shall be stamped as approved by the Planning Board and signed by the Planning Board Chairperson.

(Bill No. 46-2016(ZRA-159), § 1, 10-5-2016)

I.

Site Development Plan Conformance with Optional Design Project Plan

No Site Development Plan shall be approved for an Optional Design Project unless the Site Development Plan conforms substantially to all exhibits of the Optional Design Project as approved by the Planning Board. Except as provided below in Section 121.1.J. below for pre-authorized minor modifications, any modifications to any Planning Board approved features of the Optional Design Project must be approved by the Planning Board.

J.

Minor Additions and Modifications to the Optional Design Project Plan

Minor additions and modifications to the Optional Design Project Plan approved by the Planning Board and meeting the criteria below shall not require Planning Board approval.

1.

Minor additions to structures, with a floor area no larger than 10% of the existing floor area of the main floor, not to exceed 5,000 square feet.

2.

Minor new accessory structures if the location does not interfere with the existing approved site layout (e.g. circulation, parking, loading, storm water management facilities, open space, landscaping or buffering).

3.

Minor additions to parking lots comprising no more than 25% of the original number of parking spaces required, not to exceed 25 spaces.

4.

Clearing or grading that does not exceed 5,000 square feet in area.

5.

Similar minor modifications as determined by the Department of Planning and Zoning, including reductions in the number of residential units and the intensity of the unit mix.