A.

The purpose of planned residential district No. 3B ^[3] is to provide for the development of certain lands between Pemberton Drive and the Harbor Pointe, Phase II, planned residential district No. 3A, with a multifamily development and a neighborhood business area in a planned and attractive natural environment with connection and continuation of the large area of open space in Phases I and II of Harbor Pointe planned residential district No. 3 and planned residential district No. 3A.

B.

Phase III provides for development of those lands between the community recreation area and cluster lots in Phase II and the neighborhood business area in Phase IV with a care home, apartment building for elderly and handicapped, and single-family, two-family, three-family, or four-family buildings.

C.

Phase IV provides for development of those lands along Pemberton Drive on the west side of Harbor Pointe Drive and north side of Phase III with a low-scale small neighborhood business area designed to primarily serve the residents of Harbor Pointe Drive.

(Prior code § 150-165.54)

(Ord. No. 2785, § 1, 4-10-2023)

The area to be rezoned as planned residential district No. 3B—Harbor Pointe. Phases III and IV, consists of twelve and forty-nine-hundredths (12.49) acres of land being part of land known as the "Bell Farm," situated in the City of Salisbury, Wicomico County, Maryland, on the northerly side of and binding upon the Harbor Pointe Phase II, planned residential district No. 3A and southerly side of Pemberton Drive; adjoining Harbor Pointe Drive and the community recreation area in Phase II, on the east and the lands of Wicomico County Historical Park on the west; the same being as shown on the preliminary subdivision plat of the Phases III and IV area prepared by Davis, Bowen & Friedel, Inc., dated May 1988, with the land surveyor of record, Philip Parker & Associates, noted thereon. The site is shown on Assessment Map No. 37 as Part of Parcels 304 and 296.

(Prior code § 150-165.55)

A.

Permitted uses shall be as follows for Phase III:

1.

Single-family, two-family, three-family, or four-family buildings;

2.

Care home; and

3.

Apartment building for elderly and handicapped.

B.

Permitted uses shall be as follows for Phase IV:

1.

Uses listed in the neighborhood business district, Section 17.32.020.

2.

Day care center or nursery school in accordance with Chapter 17.220.

(Ord. 1779, 2001; Prior code § 150-165.56)

(Ord. No. 2785, § 2, 4-10-2023)

A.

Accessory uses and structures shall be as follows for Phase III:

1.

Maintenance building;

2.

Gazebo;

3.

Uses clearly incidental to, customary to and associated with the permitted use.

B.

Accessory uses and structures shall be as follows for Phase IV:

1.

Kiosk;

2.

Uses clearly incidental to, customary to and associated with the permitted use.

(Prior code § 150-165.57)

Development standards for the planned residential district No. 3B shall be as follows:

A.

Minimum Lot or Building Area Requirements.

1.

Phase III: ten and twenty-four hundredths (10.24) acres as shown on the approved and recorded final development plan;

2.

Phase IV: two and two hundred forty-seven thousandths (2.247) acres as shown on the approved and recorded final development plan.

B.

Minimum Perimeter Setback Requirements.

1.

Minimum perimeter setback requirements for all structures shall be as follows:

a.

Phase III.

i.

Perimeter: forty (40) feet from west property line;

ii.

Harbor Pointe Drive: fifty (50) feet from property line;

iii.

Phase III recreation area: ten feet from property line;

iv.

Phase II cluster lots: thirty (30) feet from property line;

v.

Phase IV: thirty (30) feet from property line.

b.

Phase IV.

i.

Perimeter: one hundred (100) feet from west property line;

ii.

Pemberton Drive: fifty (50) feet from property line;

iii.

Harbor Pointe Drive: fifty (50) feet from property line;

iv.

Phase III: ten feet from property line.

2.

Phase III lot setbacks shall be as shown on the recorded subdivision plat approved by the Planning Commission. Modifications to these setbacks shall require Planning Commission approval prior to recordation of a resubdivision plat.

3.

All other setbacks shall be as shown on the final development plan.

C.

Density requirements shall be as follows:

1.

Phase III:

a.

One Hundred (100) unit care home;

b.

One Hundred (100) unit apartment building for elderly and handicapped; and

c.

Twenty-four (24) units: one-family, two-family, three-family, or four-family cottages.

2.

Phase IV: ten thousand (10,000) square feet of building area for a neighborhood shopping center.

D.

Height requirements shall be as follows:

1.

Phase III: forty-eight (48) feet;

2.

Phase IV: thirty (30) feet.

E.

Parking requirements shall be as follows:

1.

Phase III:

a.

One-family, two-family, three-family, or four-family cottages: a minimum of one (1) space per unit (permitted to be either on or off street);

b.

Lot 25 (Care Home): a minimum of one (1) space per five (5) beds, plus one (1) space per employee on the largest working shift;

c.

Lot 26 (Apartments for the elderly and handicapped): a minimum of one (1) space for every two (2) units, plus one (1) space per employee on the largest working shift;

2.

Phase IV: one space per two hundred (200) square feet of floor area.

F.

Landscaping. Landscaping shall be in accordance with the final landscaping plan as approved by the planning commission.

G.

Sign requirements shall be as follows:

1.

Phase III: Signs shall be in accordance with Section 17.216.070;

2.

Phase IV: Signs, both ground and wall signage, shall be in accordance with a sign plan approved by the Salisbury planning commission.

(Ord. 1989, 2006; prior code § 150-165.58)

(Ord. No. 2785, § 3, 4-10-2023)

A.

Accessways and street entrances shall be provided as shown on the final development plan as recorded.

B.

Entrances from Harbor Pointe Drive and Pemberton Drive shall be provided and constructed in accordance with the requirements of the city department of infrastructure and development.

C.

A turning lane from Pemberton Drive to Phase IV shall be provided and constructed on the public right-of-way dedicated for the future widening of Pemberton Drive as required by the city director of infrastructure and development.

(Prior code § 150-165.59)

(Ord. No. 2459, 10-9-2017)

Amendments to planned residential development district No. 3B shall be in accordance with the procedures established in Chapters 17.12, 17.204 and 17.228.

(Prior code § 150-165.60)

A final development plan shall be prepared, submitted to and approved by the planning commission in accordance with chapter 17.204, Section 17.204.070.

(Prior code § 150-165.61)

Once the preliminary development plan and all related development controls are adopted by the city council, development of the area shall be controlled by the final development plan as approved by the planning commission and recorded in the land records of Wicomico County and any amendments thereto. Where specific regulations are not addressed in this district, all other regulations of Title 17 of the city Code shall govern.

(Prior code § 150-165.62)

Planned Residential District No. 3B—Harbor Pointe, Phases III and IV
City of Salisbury, Maryland