Leonardtown City Zoning Code
ARTICLE IV
Mixed Use Planned Unit Development PUD-M
§ 155-20 Purpose.
A.
Ingenuity, imagination and design efforts on the part of builders, architects, site planners and developers can produce developments which are in keeping with the traditional neighborhood development character of the Town and the overall land use intensity and open space objectives of this chapter while departing from the strict application of use, setback, height and minimum lot size requirements of the residential zones. The PUD-M District is designed to provide flexibility in development by providing for a mix of residential uses with or without appropriate nonresidential uses, alternative forms of housing and flexibility in the internal relationships of design elements. The purpose of the PUD-M Planned Unit Development Mixed-Uses District is to encourage planned additions to the Town that incorporate design features reflective of the "traditional neighborhood development" characteristics of small, older neighborhoods in the Town. The focus of the development design in this district is shifted from the automobile to the pedestrian. Emphasis is placed on the layout of the streets, the building of a variety of housing types with smaller front yards, the appearance of clearly defined streetscapes and orientation to the existing village center. In design terms, traditional communities are characterized by mixed land uses; grid street patterns; emphasis on pedestrian circulation; intensively used open spaces; architectural character; and a sense of community.
B.
The intent of this article is to permit such flexibility for planned unit developments which:
(1)
Permit a creative approach to the development of land and recognize the community character and heritage of Leonardtown through the layout of streets and alleys in a grid or modified grid form.
(2)
Insure that tracts and lots which may be subdivided will preserve the character of the Town by the continuation of elements such as through streets and alleys, sidewalks and shade trees.
(3)
Provide for an efficient use of land, resulting in smaller networks of utilities and streets and thereby lower housing and maintenance costs.
(4)
Enhance the appearance of neighborhoods through preservation of natural features, the provision of underground utilities and the provision of recreation areas and open space in excess of existing zoning, subdivision and Master Plan requirements.
(5)
Provide an opportunity for new approaches to home ownership.
(6)
Provide an environment of stable character compatible with surrounding residential areas.
(7)
Encourage the use of traditional neighborhood development design principles, including those identified in the publication "Development Design Manual, Town of Leonardtown, Maryland" (December 1999).
§ 155-21 Development principles.
A.
Minimum parcel size, density and uses.
[Amended 5-9-2011 by Ord. No. 149]
(1)
Residential density in the PUD-M District shall not exceed five dwelling units per acre. The total number of residential units shall be determined by multiplying the overall acreage of the development proposed for residential use by five. For purposes of calculating density, lands located in the one-hundred-year floodplain or occupied by tidal or nontidal wetlands shall not be included. Density for those portions of sites with constrained or steep slopes shall be adjusted in accordance with § 155-59.1.
(2)
Land in any PUD-M development may be designated for commercial/retail use. Retail stores in excess of 10,000 square feet are special exception and shall be evaluated as described in Article V.
(3)
Land in any PUD-M development may be designated for light industrial or office use.
(4)
Any land designated for commercial/retail use or light industrial or office use shall be subtracted from the gross acreage of the site and shall not be included in calculating permitted residential density.
(5)
The minimum parcel size that may be designated PUD-M is five acres.
B.
Minimum yard, lot size, type of dwelling unit, height and frontage requirements for each use in the PUD shall be waived, provided that the spirit and intent of this chapter are upheld in the total development for the PUD. The Mayor and Council may, at their discretion, require that adherence to minimum zone requirements be accomplished within all or a portion of the perimeter of the site and shall exercise ultimate discretion as to whether the total development plan does comply with the spirit and intent of this chapter and any design guidelines identified in the Town Development Design Manual that they may consider appropriate to the particular development.
C.
In all cases, open space shall be provided in minimum amounts of at least 30% of the total area of each PUD. Such open space will be for dedication to the Town or for common ownership by the residents of that planned unit development.
(1)
Common open space shall be provided in the form of internal open space and peripheral open space. Internal open spaces should contain a minimum area of 5,000 square feet and should be of a distinct geometric shape, generally rectilinear or square, bounded by streets with curbside parking on a minimum of 50% of its perimeter.
(2)
Internal open spaces should be designed as village commons, town square, or urban parks and should be designed as active gathering places for residents and should include places for strolling, sitting, social interaction and informal recreation.
(3)
Internal open spaces should be landscaped such that a minimum of 80% of the area is covered with trees, shrubs, lawn and ground cover. Landscaping should utilize elements such as formal gardens, walkways, monuments, gazebos, fountains, park benches, and pedestrian-scale lampposts.
§ 155-22 Open space criteria.
A.
Open space proposed for either dedication to the Town or common ownership by the residents of that planned unit development shall be retained as open space for park, conservation or recreational use. All areas proposed for dedication to the Town must be acceptable as to size, shape, location and improvement and shown by the applicant to be of benefit to the general public.
B.
All park and open space areas shall be fully improved by the applicant as required by the Mayor and Council, including all abutting street improvements.
C.
In applications which include proposals for dedication of park and open space areas to the Town, the applicant shall dedicate the same in accordance with the Schedule of Development as approved as a part of the planned unit development applications.
D.
Common recreation areas, facilities and open space shall be provided in locations easily accessible to the living units served and where they do not impair the privacy and view of individual dwellings.
E.
When parcels are retained for common park, open space and recreation use in a common ownership by the residents of the planned unit development, plans for the improvement and maintenance of those areas shall be approved by the Town.
F.
Each proposal for such use, including park areas, private accessways, private parks and recreational facilities and common service facilities, shall be accompanied by appropriate legal documents which assure adequate management and maintenance of common facilities.
(1)
Legal instruments providing for dedications, covenants, homeowners' associations and subdivision controls shall:
(a)
Place title of common property in a form of common ownership by the residents of the planned unit development, e.g., a duly constituted and legally responsible home association, cooperative, etc.
(b)
Appropriately limit the use of common property.
(c)
Place responsibility for management and maintenance of common property. The Mayor and Council, at their discretion, may require the applicant to enter into a contract with the Town for maintenance of commonly held properties.
(d)
Place responsibility for enforcement of covenants.
(e)
Permit the subjection of each lot to assessments for its proportionate share of maintenance costs.
(2)
Title of all land dedicated to public use shall be unencumbered at the time of conveyance.
§ 155-23 General criteria.
Development design within this district should place emphasis on the layout of the streets, the building of a variety of housing types with smaller front yards, the appearance of clearly defined streetscapes and orientation to the existing village center. In design terms, traditional communities are characterized by mixed land uses; grid street patterns; emphasis on pedestrian circulation; intensively used open spaces; architectural character; and a sense of community. This zone is to provide for a mixture of residential types with certain provisions for commercial activities to serve primarily a resident population. This zone is particularly pedestrian-oriented and is related to the more intensive uses of a town center, although the commercial activities are of a scale that is less intensive than those permitted in the commercial zones.
A.
Design objectives are as follows:
(1)
Dwellings, shops and workplaces generally located in close proximity to each other; the scale of which accommodates and promotes pedestrian travel for trips within the Town.
(2)
Modestly sized buildings fronting on, and aligned with, streets in a disciplined manner, uninterrupted by parking lots.
(3)
A generally rectilinear pattern of streets, alleys and blocks reflecting the street network of the existing Town which provides for a balanced mix of pedestrians and automobiles.
(4)
Squares, greens, landscaped streets and parks woven into the street and block patterns to provide space for social activity, parks and visual enjoyment.
(5)
Promotion of civic buildings for assembly or other civic purposes.
(6)
A recognizable, functionally diverse, visually unified town center, focused on a village green or square.
(7)
A development size and scale which accommodates and promotes pedestrian travel rather than vehicle trips within the Town.
B.
Multifamily units, including duplexes, townhouses, and apartments, shall represent no more than 20% of the total number of residential units permitted in a mixed use planned development unless the open space provided for in § 155-21C is at least 50% of the total area of the development, in which case multifamily units shall represent no more than 35% of the total number of residential units permitted in the development. The density of development for those portions of the site proposed for multifamily use shall not exceed 10 units per acre. In an area where townhouses are proposed, unless such is waived by the Planning and Zoning Commission, there shall be no more than five townhouse units in any contiguous group, and a variety of building setbacks, color, building materials and facades shall be provided for each contiguous group.
[Amended 8-10-2020 by Ord. No. 203]
C.
Each planned unit development shall provide for visual and acoustical privacy of each dwelling unit. Fences, walks and landscaping shall be provided for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses and the reduction of noise.
D.
Parking shall be provided convenient to all dwelling units (maximum walking distance of 150 feet) and, for all uses, meeting the minimum requirements of Article XI. Driveways, parking areas, walks and steps shall be well paved, maintained and lighted for night use. Screening of parking and service areas shall be encouraged through ample use of trees, shrubs, hedges and screening walls.
E.
Access and circulation shall adequately provide for fire-fighting equipment, furniture moving vans, fuel trucks, refuse collection, deliveries and snow removal.
F.
All planned unit developments shall provide for underground installation of utilities, including telephone and power in both public and private rights-of-way. Provision shall be made for acceptable design and construction of storm sewer facilities, including grading gutters, piping and treatment of turns to handle stormwaters, prevent erosion and formation of dust.
G.
A variety of open space and recreational areas is encouraged, including children's informal play in close proximity to individual dwelling units according to the concentration of dwellings, formal parks, picnic areas, playgrounds, areas of formal recreation activity (such as tennis courts), scenic open areas and communal recreational facilities (such as swimming pools).
H.
Sidewalks shall be provided along both sides of all streets unless the Planning and Zoning Commission determines, in certain locations, that circumstances do not warrant sidewalk sections. The pedestrian circulation system and its related walkways shall be insulated as completely as possible from the street system in order to provide separation of pedestrian and vehicular movements. This shall include, when deemed to be necessary by the Planning and Zoning Commission, pedestrian underpasses or overpasses in the vicinity of schools, playgrounds, local shopping areas and other neighborhood uses which generate a considerable amount of pedestrian traffic.
[Amended 5-9-2011 by Ord. No. 149]
I.
Street lights shall be provided and shall not exceed 18 feet in height and be placed at no more than seventy-five-foot intervals on both sides of the street.
J.
Fences, four feet in height or less, are permitted in front yards. Frontage fences should be designed to take into account the amenity of the street, surveillance and safety, the security of children and pets and property, and the use of front landscape space.
K.
Residential units proposed on all single-family lots shall be located at the "build-to" line, which shall be established by the developer and which shall be located between 15 and 25 feet from the front lot line.
L.
When proposed, a front porch shall be placed on the build-to line of the front yard of all lots proposed for single-family use. A front porch shall have a minimum depth of seven feet and a minimum width of 14 feet. In addition to providing for the continuance of the predominant architectural style of existing neighborhoods in Leonardtown, the front porch is intended to provide cover and shade as well as a change in the scale of a building in order to serve as a transition from the height of the dwelling to the front yard, sidewalk, and street.
M.
A minimum of 80% of all buildings on a block shall conform to the build-to line, with the remaining 20% allowed to vary by being further set back or permitted to come forward no greater than 25% of the distance between the right-of-way and the build-to line for residential structures.
N.
The Mayor and Council may modify the strict application of these standards where it is felt that such would further the objectives of the planned unit development, except it may not grant a variance in the total number of units permitted or the maximum percentage of multiple-family units.
O.
Site planning for commercial uses: internal relationships. Commercial buildings shall be so grouped in relation to parking areas that after customers arriving by automobile enter the shopping center, establishments can be visited with a minimum of internal automotive movement. Facilities and access routes for deliveries, servicing and maintenance shall, so far as reasonably practicable, be separated from customer access routes and parking areas. Areas where deliveries to customers in automobiles are to be made or where services are to be provided for automobiles shall be so located and arranged as to prevent interference with pedestrian traffic within the center.
(1)
Sites should be developed in a coordinated manner to complement adjacent structures through placement, architecture and size or mass. Where possible, commercial uses requiring floor areas in excess of 10,000 square feet should be designed to appear as several distinct, albeit attached, structures, each with a floor area no greater than 6,000 square feet to reduce the visual impact of a single larger building mass in keeping with the scale of existing structures in Leonardtown.
(2)
Whenever possible, commercial buildings on the same site should be clustered and incorporate plazas, courtyards, pocket parks, and other pedestrian use areas.
(3)
Sites occupied by commercial uses should be designed to avoid the appearance of domination by automobiles. Positive methods to achieve this guideline include:
(a)
Orienting buildings to fronting streets and placing some of the parking at the rear and/or sides;
(b)
Designing the required parking area into a series of smaller, discrete, connected lots rather than a large uninterrupted parking lot(s);
(c)
Providing sidewalks and well-defined pedestrian walkways through parking areas and from public sidewalks into the site. Well-defined walkways utilize pavers, changes in color, texture, and composition of paving materials and vertical plantings such as trees and shrubs. The minimum width of walkways should be five feet.
[Amended 5-9-2011 by Ord. No. 149]
P.
Building design for commercial uses.
(1)
Buildings should reflect an individual design that has considered site location, conditions, intended use, and the character/building mass of surrounding development. Building designs should reflect an individual style and form and not merely current trends.
(2)
A consistent visual identity should be applied to all sides of buildings visible to the general public. All sides should have an equivalent level of quality of materials, detailing and window placement. Abrupt ending of architectural details should be avoided with no radical change in details, features or materials.
(3)
Large buildings should avoid long, blank, uninterrupted walls. Positive methods to achieve this objective include building wall offsets regarding modulation, changes in colors and materials, placement of windows and doors, use of porches, porticos or canopies, changes in floor level, and projections that provide building shadows that visually break up long, flat building facades.
(4)
Large buildings should avoid long, blank, uninterrupted roof planes. Positive methods to achieve this objective include height variations to give the appearance of distinct elements or offsets in the roof line to provide architectural interest and variety to the massing of the building and to relieve the effect of a single, long roof.
(5)
Large buildings should use modulation (defined as a measured setback or offset in a building face) to reduce overall bulk and mass. The planes of exterior walls should not run in one continuous direction more than 50 to 60 feet without an offset or setback. Offsets should be a minimum of three to five feet.
(6)
Large buildings should use articulation in a clear rhythm to reduce their perceived size. Articulation is the giving of emphasis to architectural elements (like windows, entries, balconies, etc.) that create a complementary pattern of rhythm, dividing large buildings into smaller identifiable pieces. Articulation in the form of doors, windows and other framed building openings that articulate architectural elements break up the look of a long, blank wall.
(7)
Buildings facing streets should incorporate pedestrian-scaled entrances. Pedestrian-scaled entrances are those that provide an expression of human activity or use in relation to building size. Doors, windows, entrances and other features should be designed to respond to the size of the human body and not give the appearance of anonymity or overwhelming the building's users.
(8)
Building design should incorporate traditional building materials such as masonry, stone, heavy timbers, brick or other natural-appearing materials.
(9)
Building colors should accent, blend with, or complement surroundings. Bright or brilliant colors should be reserved for trim and accents.
(10)
Outdoor storage areas, mechanical equipment and trash receptacles should not be visible from adjacent streets and pedestrian walkways. The method of screening such areas from view should be architecturally integrated with the building with respect to materials, shape and size.
(11)
Materials used for site features such as fences, screen walls, and signs should be appropriate to the zone district where the development is located and should complement building design through materials, color, shape and size.
Q.
Any project or development consisting of 50 or more dwelling units, such as large-scale multiple-family dwellings, shall provide recreational space for the private use of its residents. Recreational space includes, but is not limited to, the following:
[Added 1-13-2014 by Ord. No. 160]
§ 155-24 Application and review procedure.
A.
The applicant is encouraged to seek the advice of the Town's administrative staff, and/or professional designers, architects, planners, engineers and lawyers in the preparation of plans and documents to implement a planned unit development.
B.
In order to benefit the applicant by providing information and guidance before entering into binding commitments or incurring substantial expense, review of planned unit development applications shall proceed in two stages: the concept plan stage and the engineering stage.
(1)
The concept development plan and a proposed design code, which establishes the framework for a planned unit development, shall be reviewed by the Planning and Zoning Commission.
(a)
The concept development plan application and proposed design code, together with the recommendations of the Planning and Zoning Commission, shall be reviewed by the Mayor and Council and, after public hearing, approved, approved with modification or disapproved by the Mayor and Council.
(b)
The Mayor and Council may deny a planned unit development application if, in their judgment, the proposed development is not consistent with the intent and purpose of this section.
(c)
The initial concept development plan application may be reviewed and approved concurrently with the adoption of a Zoning Map for parcels to be annexed to the Town.
(2)
After the approval of the concept development plan application, the site plan or subdivision plat, detailing the engineering elements of a planned unit development, with Planning and Zoning Commission recommendations, shall be submitted to and approved or disapproved by the Mayor and Council. The applicant for a planned unit development shall have the burden of proof, which shall include the burden of persuasion on all questions of fact which are to be determined by the Mayor and Council and the Planning and Zoning Commission.
[Amended 5-20-2008 by Ord. No. 139]
C.
Procedures for the preparation and filing of a concept development plan are as follows:
(1)
The complete concept development plan shall be filed with the Town Clerk and accompanied by the required fees, as established by the Mayor and Council.
(2)
Upon receipt, the Town Clerk shall advertise the application for public hearing. The public hearing date shall be established only after the Planning and Zoning Commission has reviewed the subject application for a maximum period of 60 days from the acceptance of the application by the Town Clerk.
(3)
The Planning and Zoning Commission may transmit the application to any interested agency for comment. Such agencies may return their comments and recommendations to the Planning and Zoning Commission within 30 days. That Commission shall then review the concept development plan and forward its recommendations to the Mayor and Council, who shall hold the public hearing.
(4)
Following the public hearing, the Mayor and Council may approve, approve with modification or deny the concept development plan in whole or in part, based upon the finding that:
(a)
The proposed planned unit development does not affect adversely the Town Master Plan or this chapter.
(b)
The proposed planned unit development will not adversely affect the health and safety of residents or workers in the area and will not be detrimental to the use or development of adjacent properties or the general neighborhood.
(c)
The proposed planned unit development will meet the stated objectives and the standards and performance criteria.
(5)
No deviation from the concept development plans so approved for a planned unit development shall be permitted without the approval, as herein provided, of the Mayor and Council or the Planning and Zoning Commission, as the case may be.
(a)
Any deviation without the necessary approval shall serve automatically to revoke the original approval and void future actions pursuant to the planned unit development.
(b)
Any increase of 5% or more in the number of dwelling units of any type over the number approved in the exploratory stage approval shall be deemed a substantial deviation.
(c)
Any increase or decrease of 5% or more in the amounts of land designated for commercial or light industrial uses is considered a substantial deviation.
(d)
Any other proposed deviation must be approved by the Mayor and Council.
(6)
The concept development plan application shall contain:
(a)
A written description of the intended plan of development.
(b)
A sketch plan at a hundred-foot scale and proposed design code supporting the above statement, illustrating:
[1]
The preliminary location and grouping of dwelling units, nonresidential uses, schools and recreation facilities.
[2]
The number of dwelling units proposed and their general location, conceptual illustrations of typical units reflecting their intended exterior appearance and identifying those areas to be subdivided and those to be renter-occupied.
[3]
A preliminary vehicular and pedestrian circulation system, including driveways, walkways, parking areas and streets to be dedicated.
[4]
A system of open space and recreational uses, with estimates of acreage to be dedicated and that to be retained in common ownership.
[5]
A topographic map at a two-hundred-foot scale showing contour intervals at five feet, including all existing buildings, wooded areas, floodplains, wetlands, streams and other significant environmental features.
(c)
A preliminary statement indicating how the problems of maintenance and ownership of common facilities will be resolved.
(d)
A preliminary schedule of development, including the staging and planning of:
(e)
Each of the above elements shall be listed as to their relative order of improvement, with an estimated time schedule for their accomplishment. It is, among other things, the intent of this requirement that the schedule of development be such that a staged implementation of the planned unit development would not result in land use conditions which would establish a precedent for the use of adjoining undeveloped property for purposes other than that shown on the approved planned unit development.
(f)
A plat or metes and bounds description of the area within the proposed planned unit development.
(g)
The name and address of the owner or owners and their agents.
D.
Procedures for the preparation and filing of the site plan or subdivision plat are as follows:
(1)
Upon the approval of the exploratory application by the Mayor and Council, the applicant shall prepare and submit to the Planning and Zoning Commission the required studies and material. The process of review shall proceed in accordance with the approved schedule of development; however, the detailed studies may be filed for all or a portion of the subject tract, as required by the Planning and Zoning Commission in each individual case.
(2)
The Planning and Zoning Commission shall recommend to the Mayor and Council approval or disapproval of the submitted documents in accordance with the development principles, standards and performance criteria of this article, within the limitations of the exploratory application approved by the Mayor and Council. The Mayor and Council shall have final approval or disapproval of the submitted documents.
[Amended 5-20-2008 by Ord. No. 139]
(3)
Upon approval of the site plan or subdivision plat, the applicant shall prepare final record plats, covenants and other required legal instruments. The Planning and Zoning Commission shall approve these upon a finding that they conform to the approved application, that the performance criteria of this chapter are adhered to and that the necessary legal documents, covenants and plats are capable of and can be recorded simultaneously. Minimum units of execution and the staging of such shall be as provided for in the schedule of development.
(4)
Following the approval of the site plan or subdivision plat for all or any portion of a planned unit development, the applicant shall cause a subdivision plat of said approval to be filed in the land records of St. Mary's County prior to the sale of any lots. The subdivision plat shall conform to the Town's Subdivision Regulations.[1]
(5)
The site plan shall contain the following elements, to be submitted in accordance with the requirements and procedures of the Planning and Zoning Commission:
(a)
A one-hundred-foot-scale site plan showing:
[1]
The location of all proposed structures.
[2]
Existing grades and proposed rough grading.
[3]
Preliminary elevations for all proposed streets to be dedicated.
[4]
Wetlands, floodplains, streams, other significant natural features, existing and proposed roads and sidewalks, existing and proposed utility lines and structures, forests, required buffer yards and any other items the Planning and Zoning Commission may require.
[5]
Proposed improvements of common and/or public area.
(b)
Preliminary drawings of typical single-family, multiple-family and townhouse units to be constructed:
(c)
Storm drainage and engineering plans for sanitary sewer and water lines, including easements for underground utilities.
(d)
Final drafts of legal agreements and documents which will be used to satisfy the requirements of § 155-21C, including drafts of proposed deeds of dedication and other legal documents necessary for the transfer of land and structures to public and common ownership and the maintenance and resale, lease, sublease or repurchase of the same thereafter.
(e)
Estimates of the costs of maintenance and common facilities and means of financing.
(f)
A final schedule of development.
(g)
Additional material deemed necessary by the Planning and Zoning Commission to properly review the various elements of the planned unit development.
E.
Sectionalized plats.
[Added 5-9-2011 by Ord. No. 149]
(1)
Within the PUD-M District, the Town Council may approve a final plat for a section or portion of a development that has received preliminary plat approval when it determines that it is impractical or undesirable to require the final plat(s) for the entire subdivision at one time. Such approval of a portion or section of the development in no way precludes final platting of the entire subdivision in accordance with the approved preliminary plat, provided that each final plat is submitted in proper sequence. Proposed, subdivisions or developments to be developed in sections or stages shall delineate the specific proposed boundaries of each section to be developed and the plan and schedule for phasing development over time.
(2)
Final plats for portions or sections of subdivisions within the PUD-M District shall provide for the appropriate improvements, open space and other public amenities shown on the preliminary plat. When such sequential approval of a development in sections occurs, the Town may require a performance bond or other surety in a form suitable to the Town Attorney to assure completion of the improvements in the amount equal to 110% of the approved cost estimate for improvements associated with that section, plus an annual escalation to account for the costs of inflation during the construction period.
(3)
Where components of a development receive final plat approval in sections or phases and include commercial uses, no commercial uses may be constructed until 85% of the residential uses within that phase or section have been constructed or are under construction, unless the Town Commissioners determine that development of the commercial components are appropriate prior to construction of residential uses.