Pocomoke City City Zoning Code
ARTICLE VIII
Planned Redevelopment District PRD Floating Zone
§ 230-55 Purpose and intent.
The Planned Redevelopment District (PRD) is a floating zone. That means that while regulations are adopted to govern any development within a PRD, no such district is pre-mapped on the City's Official Zoning Map. The PRD is intended to permit master planned developments that the City Council determines are consistent with the Pocomoke City Comprehensive Plan, meet the requirements for PRDs in the Pocomoke City Zoning Ordinance and that are consistent with the following purposes:
A.
Accommodate growth in older sections of Pocomoke City by encouraging and facilitating new development on vacant, bypassed and underutilized land.
B.
Encourage efficient use of land and public services.
C.
Stimulate development investment in areas suffering from economic and/or structural decline.
D.
Encourage investment in infill and redevelopment projects by providing flexible development standards that permit innovative design solutions.
E.
Create high-quality neighborhoods.
F.
Implement the goals, objectives, and policies of the Pocomoke City Comprehensive Plan.
G.
Encourage compact mixed-use development that is pedestrian-scaled.
The PRD does not give any entitlements to develop, but permits development and land use pursuant to an approved Master Development Plan that meets the requirements of the Pocomoke City Zoning Ordinance and that is approved by the City Council at the time the PRD is applied to specific parcels of land. It is further the intent of the PRD to permit flexible development standards for projects. Subject to the specific standards applicable to PRDs, flexible development standards to increase density, reduce lot areas, widths and yards, increase minimum building dimension and allow limited nonresidential uses may be permitted at the discretion of the Mayor and Council subject to proof of good cause and benefit to the development and the community, and upon recommendation by the Planning Commission. Building height and coverage may vary so long as the project average is consistent with the neighborhood scale, fits with best examples of local architecture patterns, and does not constitute a disruptive condition to the identity of the area. |
§ 230-56 Applicability.
The PRD classification may only be applied to areas designated as a Planned Redevelopment District on the Pocomoke City Official Zoning Map.
§ 230-57 Principal permitted uses.
Principal permitted uses in the PRD shall be the principal permitted uses in the R-3 Multifamily District. The Planning Commission may recommend and the City Council may approve small retail, business or office uses within the PRD provided such uses are:
§ 230-58 Conditional uses.
§ 230-59 Development standards.
Except as may be provided below PRD projects shall conform to the regulations and development standards applicable to the R-3 Multifamily Residential Zoning District.
A.
Height regulations.
(1)
Maximum building height shall be in accordance with a Master Development Plan approved as part of a PRD development, however no principal structure shall exceed 40 feet in height and no accessory structure shall exceed 1 1/2 stories or 25 feet in height.
(2)
The Planning Commission may permit architectural features to extend above the forty-foot height limit provided that such features create no additional living space. Examples of such features include the following:
(a)
Fire or parapet walls, cupolas, steeples, flagpoles, smokestacks, masts, water tanks or other roof superstructures.
(b)
Monitors, scenery lofts, penthouses or roof structures for housing elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building.
B.
Area, yard and bulk regulations. Minimum lot area, width and yard requirements shall be in accordance with the approved Master Development Plan for the PRD.
C.
Density. The maximum allowable density (dwelling units per acre) shall be established based on a Master Development Plan recommended for approval by the Planning Commission and approved by the Mayor and Council as part of a PRD development. Residential density exceeding that permitted in the R-3 Multifamily District may be approved by the Mayor and Council subject to proof of good cause and benefit to the development and the community and upon recommendation by the Planning Commission. Densities in excess of the maximum permitted are not an entitlement in a PRD district. If the Planning Commission recommends, and the Mayor and Council find that the quality and characteristics of the proposed PRD project warrant, a density of up to 25 units per gross acre may be permitted.
D.
Open space. PRD projects shall provide on-site open space areas at least equal to 25% of the total land area. For the purposes of this subsection, open space is defined as land intended for active or passive recreation and free of residential or service structures and uses. Parking spaces, driveways and roadway shall not be included when computing open space areas. Upon recommendation of the Planning Commission the City Council may accept an in-lieu fee for all or part of the required open space.
E.
Length of building. Generally, any horizontal dimension of a building should not exceed 200 feet. The Planning Commission may recommend and the Mayor and Council may approve larger buildings if it is determined that such buildings are generally consistent with City architectural patterns and will not adversely impact adjacent property values or the existing neighborhood character.
F.
Parking. Off-street parking standards applicable in the R-3 Multifamily District shall apply except that the Planning Commission may require additional off-street parking if it is determined that parking demand related to the proposed uses may exceed off-street parking capacity and overflow parking may adversely impact adjacent streets.
G.
Accessory uses. Accessory uses in the PRD shall be those accessory uses permitted in the R-3 Multifamily District.
§ 230-60 Procedure for approval of a PRD District Floating Zone amendment and Master Development Plan approval.
A.
Purpose. The purpose and intent of the PRD floating zone amendment process is to permit specific and detailed mapping of areas and to provide for the creation of a Master Planned Development.
B.
Preliminary application. Preliminary application for a floating zone amendment for a PRD and Master Development Plan approval shall be made to the City Council. Preliminary applications shall include:
(1)
A written petition for location of a PRD District and approval of a Master Development Plan, signed by the owners, and contract purchasers, if any, of the property that is the subject of the petition.
(2)
A narrative describing the following:
(a)
Statement of present and proposed ownership of all land within the development;
(b)
Overall objectives of the proposed Master Development Plan and a statement of how the proposed development concept corresponds to and complies with the purpose and intent the PRD and the Pocomoke City Comprehensive Plan;
(c)
Method of providing sewer and water service and other utilities, such as, but not limited to, telephone, gas, and electric services;
(d)
Storm drainage areas and description of stormwater management concepts to be applied;
(e)
Method of and responsibility for maintenance of open areas, private streets, recreational amenities, and parking areas;
(f)
If a petitioner desires to develop the property in phases, a preliminary phasing plan indicating:
[1]
The phase(s) in which the project will be developed, indicating the approximate land area, uses, densities, and public facilities to be developed during each phase.
[2]
If different land use types are to be included within the Master Development Plan, the plan should include the mix of uses anticipated to be built in each phase.
(3)
A Master Development Plan, which includes:
(a)
Boundary survey of the area subject to the application;
(b)
Graphic and tabular presentation of proposed site development information that clearly depicts the following:
[1]
Total acreage of subject property and identification of all adjoining landowners;
[2]
Existing topography and vegetation features and proposed grading, landscaping, drainageways, utility lines, easements and other physical features;
[3]
Description of proposed land uses and proposed area, yard and bulk standards;
[4]
Location and site of all buildings and structures;
[5]
Area devoted to parking facilities, access roads, walkways, driveways, parking areas and exterior lighting;
[6]
Drawing showing floor plans of residential units front and rear elevations and side elevations;
[7]
Maximum number of dwelling units and approximate densities; and
[8]
Location of common open space areas, sensitive resource areas (environmental or cultural), and proposed public facilities.
C.
Referral of preliminary application to Planning Commission. Upon receipt of an application for a PRD floating zone, the City Council shall refer the application to the Planning Commission for review in accordance with paragraph D below.
D.
Planning Commission review and recommendation - Floating Zone Amendment and Master Development Plan.
(1)
The Planning Commission shall review the floating zone amendment request and Master Development Plan for compliance with the requirements of this Ordinance and consistency with the Pocomoke City Comprehensive Plan. The Planning Commission shall evaluate how the proposal meets the Pocomoke City Comprehensive Plan and other factors; and may retain outside consultants at the expense of the developer to assist the Planning Commission in the evaluation of the proposed PRD.
(a)
The Planning Commission shall evaluate the degree to which the floating zone request and Master Development Plan incorporates and/or addresses the PRD purposes and furthers the goals and objectives of the Pocomoke City Comprehensive Plan.
(b)
The Planning Commission may make reasonable recommendations to the petitioner regarding changes to the Master Development Plan proposal, which, in the judgment of the Commission, shall cause the proposal to better conform to the requirements of the Pocomoke City Comprehensive Plan and the purpose and intent of the PRD. The petitioner may resubmit the Master Development Plan to the Planning Commission in consideration of the Commission's comments.
(2)
After deliberations the Planning Commission shall return the Master Development Plan, with any suggested revisions, together with written comments and recommendations concerning the floating zone to the City Council for action pursuant to the floating zone and Master Development Plan approval process.
E.
City Council Approval of Floating Zone and Master Development Plan.
(1)
The City Council shall review the Master Development Plan and other documents, together with such comments and recommendations as may have been offered by the Planning Commission.
(2)
The City Council may approve or disapprove the proposed floating zone map amendment and associated Master Development Plan, and shall follow the procedures set forth in Article XVII for the approval of district changes and other amendments. Concurrently with the approval of a floating zone, the City Council shall also approve the Master Development Plan, which, in addition to the provisions of the PRD, shall govern the subdivision and/or development of the property. In approving the PRD floating zone map amendment, the City Council shall make findings of fact, including, but not limited to the following matters: population change, availability of public facilities, present and future transportation patterns, compatibility with existing and proposed development for the surrounding areas, and the relationship of the proposed amendment to the Pocomoke City Comprehensive Plan. The City Council may approve the PRD map amendment if it finds that the proposed floating zone amendment is:
(3)
After approval of a floating zone amendment by the City Council, two complete copies of the approved Master Development Plan shall be filed with the City Clerk. One additional complete copy of the approved Master Development Plan shall be filed with the Planning Commission for reference during its subsequent review and approval of subdivision plats and/or site plans.
(4)
When a PRD Development is to be constructed in phases, final subdivision plat(s) shall not be required for a phase until such time as applications have been filed for a federal, state, or local permit for construction of that particular phase.
(5)
As part of the final Master Development Plan approval, the City Council may approve a date for initiation of the proposed development.
F.
Additional required procedures.
(1)
The administrative procedures for approval of a site plan for property located within the PRD are set forth in the Pocomoke City Zoning Ordinance. Site plans shall conform to the approved Master Development Plan.
(2)
The administrative procedures for approval of a subdivision located within the PRD District shall be those of the Pocomoke City Subdivision Regulations set forth in the City Code. Final subdivision plats shall conform to the approved Master Development Plan.
(3)
Any development, site plan or subdivision approval for land in a PRD shall be consistent with the provisions of the PRD, and the specific Master Development Plan applicable to the property, as approved or amended by the City Council.
G.
Amendment of Master Development Plan.
The procedure for amendment of an approved Master Development Plan shall be the same as for a new application, except that minor amendments of a Master Development Plan may be approved by the Planning Commission at a regular meeting. The Planning Commission shall provide a summary of any minor amendments they approve to the City Council for information purposes.
Using the guidelines set forth below, the Planning Commission shall determine whether the proposed amendment is a "minor amendment". An amendment shall be deemed a "minor amendment", provided that such amendment:
(1)
Does not conflict with the applicable purposes and land use standards of this Ordinance;
(2)
Does not prevent reasonable access of emergency vehicle access or deprive adjacent properties of adequate light and air flow;
(3)
Does not significantly change the general character of the land uses of the approved Master Development Plan;
(4)
Does not result in any substantial change of major external access points;
(5)
Does not increase the total approved number of dwelling units or height of buildings; and
(6)
Does not decrease the minimum specified setbacks, open space area, or minimum or maximum specified parking and loading spaces.
The phrase "minor amendments" includes, but is not limited to, changes to: the location, number or types of uses within the PRD Development or any phase(s) thereof, subject to 3, above; internal road locations or configurations; the number, type or location of dwelling units, subject to 5, above; and the location of public amenities, services or utilities. |
Any amendment of a Master Development Plan that may adversely impact upon the delivery or the City's cost of public utilities, public services, public infrastructure, or otherwise adversely affects amenities available to the public or the public health and safety shall not be considered a minor amendment. |
H.
Conflict with other articles. Provisions of the PRD Floating zone when found to be in conflict with other provisions of the Pocomoke City Zoning Ordinance and/or the Pocomoke City Subdivision Regulations shall supersede those other provisions with which they conflict.