A.

Purpose

The Planned Senior Community District is established to permit the development of housing designed for older adults and elderly persons. This floating and overlay district provides opportunity for housing that meets the diverse needs of Howard County's growing senior population. Each Planned Senior Community District will provide independent living units for seniors within either single-family or multi-family dwellings, and may also include assisted living or nursing care facilities. The communities developed within the PSC District will be characterized by careful site planning that allows them to be compatible with eastern Howard County's residential neighborhoods.

B.

Requirements for Planned Senior Community

The Planned Senior Community District may be established at a particular location if the following requirements are met:

1.

At the preliminary development plan stage and subsequent stages of plan processing and development, the site shall be served by both public water and public sewer.

2.

The site has direct access to a collector or arterial road designated in the General Plan.

3.

The development shall contain at least 50 dwelling units.

4.

The development shall contain at least two of the following types of housing: single-family detached dwellings, single-family attached dwellings, apartments, assisted living facilities, and nursing homes. At least one of the housing types shall be independent single-family or multi-family dwellings.

5.

Open space shall constitute at least 35% of the gross acreage of the planned senior community.

6.

The community shall include recreation and common areas for residents, including at least pathways and seating areas.

7.

At least 10% of the dwelling units shall be Moderate Income Housing Units.

8.

At least one on-site community building or interior community space shall be provided that contains a minimum of:

a.

20 square feet of floor area per dwelling unit, for the first 99 dwelling units with a minimum area of 500 square feet, and

b.

10 square feet of floor area per dwelling unit for each additional dwelling unit above 99.

9.

The proposed PSC does not comprise parcels which were added to the Planned Service Area to achieve Bay Restoration goals articulated in Plan Howard 2030.

C.

Uses permitted as a Matter of Right prior to the final approval of all required Comprehensive Sketch Plans and/or Site Development Plans and Development Criteria by the Planning Board

1.

Uses allowed in the underlying district, provided all provisions of the underlying district are used.

D.

Additional uses permitted as a Matter of Right subsequent to the Final Approval of all required Comprehensive Sketch Plans and/or Site Development Plans and Development Criteria by the Planning Board

1.

Age-restricted adult housing

2.

Assisted living facilities for residents 55 years of age or older.

3.

Nursing homes

E.

Accessory Uses

1.

Services and businesses that serve the residents of the PSC District, including recreational, educational, health, personal, professional and business services and retail stores.

2.

Home occupations, subject to the requirements of Section 128.0.C.

3.

Small Wind Energy System, building mounted, subject to the requirements of Section 128.0.L.

4.

Accessory ground-mount solar collectors.

(Bill No. 17-2021(ZRA-197), § 1, 5-6-2021)

F.

Bulk Regulations

1.

Maximum Density

a.

Developments providing at least 10% of the dwelling units as Moderate Income Housing Units .....8
dwelling units per net acre.

b.

Developments providing an additional 33% of all units over 8 dwelling units per net acre as Moderate Income Housing Units .....12
dwelling units per net acre.

c.

Assisted living and nursing home beds shall be included in density calculations. One bed equals 0.25 dwelling units for the purpose of determining density only. Assisted living and nursing home beds are not subject to MIHU requirements. .....

2.

Minimum structure and use setbacks:

a.

From arterial or collector public street right-of-way .....50 feet

b.

From other public street right-of-way .....40 feet

c.

From residential lots in RC, RR, R-ED, R-20, R-12 or R-SC Districts .....50 feet

Except structures containing apartments, assisted living facilities or nursing facilities .....75 feet

d.

From open space and other uses in RC, RR, R-ED, R-20, R-12 or R-SC Districts .....30 feet

e.

From zoning districts other than RC, RR, R-ED, R-20, R-12 or R-SC .....30 feet

f.

If a PSC District is separated from another zoning district by a public street, only the setbacks from a public street right-of-way shall apply.

3.

Maximum height shall not exceed:

a.

Apartments .....60 feet

b.

Other principal structures .....34 feet

c.

Accessory structures .....15 feet

4.

Requirements regarding lot sizes, setbacks, distances between structures not located on individual lots, building heights and all other bulk regulations for the PSC District not established in this Section shall be established by the Planning Board through approval of a Comprehensive Sketch Plan and Development Criteria, in addition to any requirements imposed by the Zoning Board in the Preliminary Development Plan and Preliminary Development Criteria. The development criteria may also establish setback and height requirements that are more restrictive than the requirements given in this section.

5.

The provisions of Section 128.0 (Supplementary Zoning District Regulations) and Section 133.0 (Off Street Parking and Loading Facilities) shall apply in the PSC District unless different requirements are specifically approved in the Comprehensive Sketch Plan and Development Criteria.

G.

Petition Requirements

A petition for designation of a PSC District shall include the following:

1.

A boundary survey of the property covered by the petition.

2.

A Preliminary Development Plan and Preliminary Development Criteria for the property showing the following:

a.

Existing topography, 100-year floodplain areas, wetlands, forests and other significant vegetation.

b.

The availability and adequacy of utilities.

c.

The location of proposed points of access to the site.

d.

Existing development within 200 feet of the site.

e.

Proposed development of the site, including the general location of buildings, parking areas, open space, recreation areas, pathways, community buildings and other accessory uses.

f.

Proposed vehicular and pedestrian circulation pattern.

g.

Preliminary Development Criteria that establish the maximum density based on the net acreage of the PSC District and the maximum number and types of dwelling units and/or beds for each housing type.

h.

A generalized landscaping plan which indicates proposed landscape buffer types, existing vegetation, topography and other buffering features along the perimeters of the site adjacent to other residentially-zoned land.

i.

Proposed number of parking spaces for residents and visitors.

j.

A phasing plan if the development is to be built in phases.

3.

Design analysis to demonstrate the relationship of the development to surrounding land uses, with cross sections, renderings or elevation drawings showing the scale and character of development.

4.

Proposed covenants and other legal means of enforcing the age restrictions and ensuring the ongoing maintenance of open space, recreation facilities and common areas.

5.

Descriptions of the design features and general size and layout of the proposed dwellings to demonstrate their appropriateness for the age-restricted population. The material submitted must indicate how the use of universal design features will make individual dwelling units adaptable to persons with mobility or functional limitations and how the design will provide accessible routes between parking areas, sidewalks, dwelling units and common areas.

H.

Standards for Approval of a Petition

The Zoning Board may grant a petition for a PSC District based upon findings that:

1.

The proposed district will accomplish the purposes of the PSC District.

2.

The site meets the requirement of Section 127.1.B.

3.

Safe public road access is available to and from the site. This includes a determination that roads serving the proposed development have the capacity to handle the increased use which is likely to result from the volume and density of the proposed development as well as development on surrounding properties. The width, curvature, sight distance, and general conditions of surrounding roads shall be considered in making this finding.

4.

Proposed buildings and site design are compatible with residential development in the vicinity. To achieve this:

a.

Grading and landscaping shall retain and enhance elements that allow the site to blend with the existing neighborhood.

b.

The project shall be designed to be compatible with residential development in the vicinity by providing:

(1)

An architectural transition, with buildings near the perimeter that are similar in scale, architectural style, materials and details to neighboring dwellings as demonstrated by architectural elevations or renderings submitted with the petition, or

(2)

Additional buffering along the perimeter of the site, through retention of existing forest or landscaping, enhanced landscaping, berms or increased setbacks.

5.

Sufficient area is set aside as open space to provide green area and recreational amenities for the residents and transition areas and buffering for adjacent neighborhoods.

6.

Suitable common areas and amenities are provided for residents, including pathways, seating areas, and an adequately sized community building or interior space.

7.

Business uses which are permitted as accessory uses will be sized for use solely by residents of the PSC District. Such uses are integrated with the dwelling units and oriented towards the interior of the project. No signs or other evidence of business facilities will be visible from the periphery of the zoning district.

8.

For a development that will be built in phases, open space areas will be provided in each phase to meet the needs of the residents unless otherwise provided in an earlier phase.

9.

The development incorporates universal design features from the Department of Planning and Zoning guidelines that identify the required, recommended and optional features. The petition shall include descriptions of the design features of proposed dwellings to demonstrate their appropriateness for the age-restricted population. The material submitted shall indicate how universal design features will be used to make individual dwellings adaptable to person with mobility or functional limitations and how the design will provide accessible routes between parking areas, sidewalks, dwelling units and common areas.

10.

The development will be subject to covenants or other legal restrictions enforcing the age restrictions required for this zoning district. The legal entity that will implement and maintain the age restrictions, as well the open space and common facilities, is clearly identified. The legal entity shall be able to provide effective enforcement to supplement County enforcement of Zoning Regulations.

11.

The location of the proposed site is in conformity with the General Plan.

I.

Recommendation of Planning Board

The Planning Board shall hold a public meeting on the petition and make a recommendation to the Zoning Board, based on the "Standards for Approval of a Petition" given in Section 127.1.G.

J.

Decision by the Zoning Board

1.

The Zoning Board shall hold a public hearing on the petition and may approve, approve with modifications or deny the preliminary development plan and criteria, stating the reasons for its decision. The Zoning Board's Decision shall be based on the "Standards for Approval" given in Section 127.1.G.

2.

If the petition is approved a reproducible copy of the Preliminary Development Plan and Criteria including all text material, shall be provided by the petitioner and certified as approved by the Zoning Board. A verified copy of the same shall be forwarded to the Department of Planning and Zoning and the petitioner.

K.

Amendments to Preliminary Development Plan and Criteria

1.

A petition to amend either a Preliminary Development Plan or the Preliminary Development Criteria which govern the residential density, housing types, and the phasing of development, may be submitted by the developer.

2.

The petition shall be reviewed in accordance with the procedures established in Section 127.1. I. and J. The petition may be approved if the Zoning Board determines that the Planned Senior Community, with the proposed amendments, will satisfy the standards given in Section 127.1.H.

L.

Initial Plan Submission and Development Criteria

1.

The initial plan submission shall encompass the entire area shown on the Preliminary Development Plan. The initial plan submission will be a comprehensive sketch plan for a subdivision or a Site Development Plan for a condominium or rental development. The initial plan submission and Development Criteria shall consist of a plan or series of plans at an appropriate scale, as well as text and drawings, setting forth:

a.

The environmental and landscape features of the site and immediate environs, including topography, steep slopes, forests, streams, floodplains, wetlands, historic sites, cemeteries, and other features. Immediate environs shall mean a distance of at least 200 feet from the boundary of the Planned Senior Community.

b.

The boundaries and acreage of each housing type.

c.

The location and use of all open space land, including the location of any community space, paths, outdoor seating and any recreational facilities and other public uses.

d.

The location of existing and proposed public roads, stormwater management and utilities.

e.

Development criteria for each type of housing and common areas. The development criteria shall include the preliminary development criteria approved by the Zoning Board and the following additions:

(1)

bulk regulations specifying lot sizes, setbacks, distances between buildings not on individual lots, structure height, and other bulk requirements; and

(2)

landscaping and parking standards.

2.

Decision by the Planning Board

a.

Planning Board approval of the initial plan submission and Development Criteria shall be required. Before acting upon the Comprehensive Sketch Plan or Site Development Plan and Development Criteria, the Planning Board shall receive comments from the Department of Planning and Zoning and the Subdivision Review Committee and shall hold a Public Hearing.

b.

The Planning Board may approve, approve with modifications or disapprove the Comprehensive Sketch plan or Site Development Plan and Development Criteria, stating the reasons for its action. The Planning Board's Decision shall be based on the standards for approval in Section 127.1.L.

c.

The Planning Board may, at the time of approval of the Comprehensive Sketch Plan, require the subsequent approval by it of a Site Development Plan, for any portion of the development or category of land use.

d.

If the plan is approved, the petitioner shall provide a reproducible copy of the approved initial plan submission and, on a separate sheet, the Development Criteria. The plan and criteria shall be certified as approved by the Planning Board.

e.

Approval of the initial plan submission and Development Criteria shall bind the lands covered with the full force and effect of specific Zoning Regulations.

3.

Standards for Approval of initial plan submission and Development Criteria

The Planning Board shall approve the Comprehensive Sketch Plan or Site Development Plan if it concludes that the plan, subject to any modifications required by the Board, will satisfy the following criteria:

a.

The Comprehensive Sketch Plan or Site Development Plan and Development Criteria are consistent with the approved Preliminary Development Plan and Preliminary Development Criteria.

b.

The phasing of development is consistent with the phasing schedule indicated in the Preliminary Development Plan.

c.

The Comprehensive Sketch Plan or Site Development Plan and Development Criteria specify how the standards in Section 127.1.G will be met.

d.

Minor deviations between the Comprehensive Sketch Plan/Development Criteria and the approved Preliminary Development Plan/Preliminary Development Criteria may be approved by the Planning Board provided there is no increase the number of residential units and provided the deviation complies with the following:

(1)

Minor modifications to structures, with a floor area no larger than 20% of the existing floor area of the main floor.

(2)

Minor new accessory structures or accessory uses 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 modifications to parking lots comprising no more than 20% of the original number of parking spaces required.

(4)

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

4.

Additions and amendments to the initial plan submission

a.

The developer of a Planned Senior Community may propose revisions to a previously approved Comprehensive Sketch Plan or Site Development Plan, provided that the entire plan, with revisions, is submitted for review.

b.

Any proposed addition or amendment to the Comprehensive Sketch Plan or Site Development Plan and Development Criteria shall be reviewed in accordance with this Section.

M.

Site Development Plan

1.

Approval by the Planning Board

a.

Planning Board approval of a Site Development Plan is required if the Planning Board has reserved that authority for itself when approving the Comprehensive Sketch Plan for a subdivision.

b.

The Planning Board shall consider a proposed Site Development Plan at a public meeting.

2.

Standards for Approval of Site Development Plan

The Planning Board shall approve a Site Development Plan if it finds that the plan:

a.

Is consistent with the approved Preliminary Development Plan, Comprehensive Sketch Plan and Development Criteria;

b.

Satisfies the requirements of Section 127.1.K.

c.

Makes effective use of landscaping to provide buffers where needed and to enhance the site design.

N.

Minor Additions and Modifications

Minor additions and modifications to Site Development Plans previously approved by the Planning Board that meet the criteria below shall not require Planning Board approval. Also, minor new projects which have been granted a Waiver of the Site Development Plan requirement by the Director of Planning and Zoning do not need Planning Board approval. However, all changes of use involving exterior site alterations require Planning Board approval.

1.

Minor projects not requiring Planning Board approval:

a.

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.

b.

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

c.

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

d.

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

e.

House model revisions to approved Site Development Plans for single-family detached developments and for no more than 25% of the total number of dwelling units on the Site Development Plans for single-family attached or apartment developments.

f.

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.

2.

Adjustments to Bulk Requirements

The Planning Board may approve parking or bulk requirements for a particular lot or parcel which differ from those required by the applicable development criteria in accordance with the following procedures:

a.

The Planning Board shall hold a public meeting on the proposed Site Development Plan.

b.

If no Site Development Plan is available, an accurate plot plan drawn to scale shall be submitted for Planning Board review at the public meeting. The plan shall clearly indicate the requirement from which relief is sought and the requested relief.

c.

In addition to the notice for public meetings required by the Planning Board's Rules of Procedure, the property which is the subject of the application shall be posted with the date, time and place of the meeting for at least 15 days immediately before the public meeting.

d.

The proposed adjustment shall be granted if the Planning Board finds that:

(1)

The adjustment is in harmony with the purpose of the PSC District;

(2)

The adjustment will not alter the essential character of the neighborhood or district in which the lot is located; will not impair the appropriate use or development of adjacent property; and will not be detrimental to the public welfare; and

(3)

The adjustment either:

(a)

Is needed due to practical difficulties or unnecessary hardships which arise in complying strictly with the development criteria; or

(b)

Results in better design than would be allowed by strict compliance with the Development Criteria.

e.

The Planning Board shall approve, approve with conditions, or deny the requested adjustment, stating the reasons for its actions.

O.

Appeal of Planning Board Decision

Appeals from decisions of the Planning Board shall be made to the Board of Appeals in accordance with Section 16.900(j)(2) of the Howard County Code.