PLANNED REDEVELOPMENT OVERLAY DISTRICT by pptfiles

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									 1                                  ARTICLE VI
 2                    PLANNED REDEVELOPMENT OVERLAY DISTRICT
 3
 4   SECTION 601              PLANNED REDEVELOPMENT (PR) OVERLAY DISTRICT
 5
 6   A. PURPOSE
 7
 8           The purpose of the Planned Redevelopment Overlay District (PR) is to provide a
 9           mechanism for the redevelopment, rehabilitation, and general improvement of
10           certain older areas within the Town of Easton that have fallen into a somewhat
11           neglected or dilapidated state or have simply been used for a purpose that no
12           longer serves the health, safety or general welfare of the neighborhood. PR
13           applications may be submitted only if the project is located within the Planned
14           Redevelopment Overlay District. However, this mechanism is optional and shall
15           not be required of all projects located within this zone. Projects not being
16           developed in accordance with PR District standards shall be developed in
17           accordance with the development standards of the underlying base zoning district.
18
19           The nature, size, scale or intensity of a proposed uses may cause a particular site
20           not to be suitable for a specific PR proposal. Therefore, there is no general
21           presumption that an application for such a use at a particular location is valid,
22           inures to the general benefit of the Town, is compatible with surrounding uses, or
23           is in compliance with the Town’s Comprehensive Plan. Instead, each application
24           will be evaluated according to its particular location and the degree to which the
25           developer is willing or able to propose a development plan which ameliorates
26           possible adverse impacts and furthers the goals and objectives of this Section and
27           the Ordinance generally.
28
29
30   B.      DEVELOPMENT STANDARDS
31
32           Development within the Planned Redevelopment Overlay District shall meet the
33           following requirements:
34
35                   (1)      The area proposed for a planned redevelopment shall be in one (1)
36                            ownership, or, if in several ownerships, the proposal shall be filed
37                            jointly by all the owners of the property included in the
38                            development plan.
39
40                   (2)      The site shall be of a configuration suitable for the development
41                            proposed.
42
43                   (3)      Public water and sewerage shall be available.
44
45                   (4)      The site shall be located adjacent to adequate transportation
46                            facilities capable of serving existing traffic and that expected to be

     TOWN OF EASTON                                                                        2004 Edition
     ZONING ORDINANCE DRAFT                                                                ARTICLE VI
                                                   6-1
 1                            generated by the proposed development.
 2
 3                   (5)      The owners or developers must indicate that they plan to begin
 4                            construction of the development within one (1) year after final
 5                            approval. If there is no action on the part of the applicant at any
 6                            point in the process for a period of one (1) year, the Planned
 7                            Redevelopment application shall be null and void and it will be
 8                            necessary to begin the PR review process over from the beginning
 9                            in order to develop in accordance with such provisions unless a
10                            time extension is requested by the developer and granted by the
11                            Planning Commission.
12
13                   (6)      The overall residential density of a Planned Redevelopment project
14                            shall not exceed twenty (20) units per gross residential acre. For
15                            the purposes of this subsection, the gross residential area shall
16                            include all land within the area intended to be used for residences,
17                            residential parking space, and reservation for community
18                            recreation and education facilities. Any land mapped as floodway
19                            by the Federal Emergency Management Agency, and non-
20                            residential uses shall be excluded in computing the gross area. The
21                            Planning Commission may require a lower density if review of the
22                            proposed development indicates that the maximum allowable
23                            density is excessive for the surrounding area.
24
25                   (7)      Adequate Common Open Space shall be provided for new infill
26                            development projects. Such space shall include land area to be
27                            developed as recreational areas or which is designated for the
28                            common use of all occupants of the planned redevelopment but
29                            shall not include streets, off-street parking areas or incidental
30                            landscaping within off-street parking areas.       The Planning
31                            Commission must be furnished satisfactory evidence that such
32                            open space will be continued and that provision is made for its
33                            perpetual maintenance.
34
35                   (8)      For new infill development projects, the setback, lot size, lot
36                            coverage, height, and yard requirements shall be established for
37                            each individual project by the Planning Commission.             In
38                            establishing these requirements the Planning Commission shall
39                            consider such factors as the proposed intensity of the project and
40                            the existing character of the neighborhood.
41
42                   (9)      Adequate parking shall be provided for the proposed use as
43                            approved by the Planning Commission.
44
45
46   C.      APPLICATION PROCEDURE

     TOWN OF EASTON                                                                      2004 Edition
     ZONING ORDINANCE DRAFT                                                              ARTICLE VI
                                                  6-2
 1           Applications for PR projects shall be reviewed in accordance with the following
 2           procedures, depending upon the type of project.
 3
 4                   (1) Applications that represent new infill development shall proceed in
 5                       accordance with the requirements of Section 806 301 of this
 6                       Ordinance.
 7
 8                   (2) Applications for the adaptive reuse of existing buildings shall be
 9                       reviewed as follows:
10
11                       a. Requests to change to a permitted use (in the underlying zoning
12                          district) that requires less parking than the precious previous use
13                          shall be approved with no review beyond that required for a
14                          building permit (if any).
15
16                       b. Requests to change to a permitted use (in the underlying zoning
17                          district) that requires more parking than the pervious previous use
18                          shall be reviewed in accordance with the Site Plan Review
19                          standards as outlined in Section 806 301 of this Ordinance.
20
21                       c. Requests to change to a use that is not permitted in the underlying
22                          zoning district may be reviewed in accordance with the standards
23                          for Site Plan Review (Section 301 806) as a Special Exception and
24                          processed in accordance with the provisions of Section 803.5.B
25                          1303.5.B of this Ordinance.
26
27                   (3) Applications for renovations, alterations or additions to existing
28                       improved lots which violate the prescribed setback of the underlying
29                       zoning district, but are no closer to the property line than the existing
30                       structure shall be reviewed by the Town Planner. The application shall
31                       furnish the Town Planner with a site plan with enough information to
32                       permit an adequate review of the request. If approved by the Town
33                       Planner, nothing more than a building permit shall be required for such
34                       requests. Nothing in this provision, however shall permit construction
35                       in violation of the Town’s Building Code without a Variance from said
36                       Code.
37                       Applications for renovations, alterations or additions to existing
38                       improved lots which both violate the prescribed setbacks of the
39                       underlying zoning district and are closer to the property line than the
40                       existing structure(s) shall be reviewed by the process prescribed above
41                       for new infill development (i.e. the Site Plan Review Standards of this
42                       Ordinance as prescribed in Section 301 806).
43
44   D.      AMENDMENTS TO APPROVED PR APPLICATIONS
45
46           Amendments to approved PR applications shall be reviewed under the same

     TOWN OF EASTON                                                                      2004 Edition
     ZONING ORDINANCE DRAFT                                                              ARTICLE VI
                                                  6-3
 1           standards prescribed above for new projects.
 2   E.      DESIGNATION OF FUTURE PLANNED REDEVELOPMENT OVERLAY
 3           DISTRICTS
 4
 5           In the future, additional lands may be designated as Planned Redevelopment
 6           Overlay. The process for so doing is as follows:
 7
 8                   (1)      An application for Planned Redevelopment Overlay District
 9                            Zoning shall be filed with the Town Planner and forwarded to the
10                            Planning and Zoning Commission for a recommendation before
11                            proceeding to the Town Council.
12
13                   (2)      The application for PR Overlay District Zoning shall include a map
14                            of the area proposed for the designation and shall be accompanied
15                            by a metes and bounds description of the proposed zoning
16                            boundaries as well as a complete listing of the names and
17                            addresses of all property owners within the proposed PR Overlay
18                            District.
19
20                   (3)      The area proposed for PR Overlay District Zoning shall be
21                            contiguous and at least five (5) acres in size, unless the proposed
22                            PR Overlay District is an extension of an existing PR Overlay
23                            District.
24
25                   (4)      The application for establishing a new PR Overlay District shall be
26                            accompanied by a land use and housing/building survey which
27                            analyzes the appropriateness of the existing zoning, the conditions
28                            of the housing or commercial or industrial buildings within the
29                            proposed PR zone, etc.
30
31                   (5)      The application shall include a petition or similar device indicating
32                            the support of the owners of at least fifty-one (51%) percent of the
33                            lots within the proposed PR District.
34
35                   (6)      The Planning and Zoning Commission may require whatever
36                            additional studies or reports it deems necessary to adequately
37                            analyze the application.
38
39                   (7)      The Planning Commission shall make and forward a
40                            recommendation to the Town Council who shall schedule and hold
41                            a Public Hearing on the application in accordance with the
42                            provisions of Section 1403 903 of this Ordinance.
43
44                   (8)      The Town Council shall vote as to whether or not to approve the
45                            proposed PR Overlay District. Before approving a request, the
46                            Town Council must make the following findings:

     TOWN OF EASTON                                                                       2004 Edition
     ZONING ORDINANCE DRAFT                                                               ARTICLE VI
                                                   6-4
 1
 2                            a.    The structures within the proposed PR District are
 3                                  predominately in need of rehabilitation, deteriorated, or
 4                                  built to zoning (or before any zoning) that no longer is
 5                                  appropriate for the area.
 6
 7                            b.    The creation of the PR Overlay will allow for the
 8                                  rehabilitation and redevelopment of an area of the Town of
 9                                  Easton that is in need of such action.
10
11                            c.    The creation of the PR Overlay District will not cause
12                                  undue traffic nor overburden the Town's community
13                                  facilities (water, sewer, solid waste, etc.).
14
15       F. If the Town Council makes an affirmative finding of fact as to each of the criteria
16          listed above, the Council may enact an ordinance granting the proposed PR
17          application. The fact that an application for a PR Zoning Map Amendment
18          complies with the specific requirements listed above shall not require the Town
19          Council to grant the application. The ordinance shall be subject to approval by
20          the Mayor in accordance with the provisions of the Town Charter relating to
21          mayoral vetoes. In determining whether or not to enact an ordinance, the Council
22          may consider, in addition to the factors outlined above, other factors it deems
23          appropriate including but not limited to the degree to which the proposed PR
24          development:
25
26               (1) helps accomplish the coordinated, adjusted, and harmonious development
27                   of the Town and its environs in accordance with present and future needs;
28
29               (2) promotes health, safety, morals, order, convenience, prosperity, and
30                   general welfare; including among other things, adequate provisions for
31                   traffic, the promotion of public safety, adequate provision for light and air,
32                   conservation of natural resources, the prevention of environmental
33                   pollution, the promotion of the healthful and convenient distribution of
34                   population;
35
36               (3) exemplifies good civic design and arrangement and the stewardship of the
37                   Chesapeake Bay and the land as a universal ethic;
38
39               (4) encourages the conservation of resources, including a reduction in
40                   resource consumption;
41
42               (5) is located in at a location suitable for it given existing and reasonably
43                   foreseeable development; and
44
45               (6) encourages appropriate and sustainable economic growth.
46

     TOWN OF EASTON                                                                       2004 Edition
     ZONING ORDINANCE DRAFT                                                               ARTICLE VI
                                                  6-5
 1   The "change/mistake" rule, as codified in Maryland Annotated Code Article 66B Section
 2   4.05 is not applicable to PR Zoning Map Amendment applications.
 3
 4   The Town Council shall have the authority to impose conditions upon the grant of a PR
 5   Zoning Map Amendment application and may require the recordation of covenants and
 6   restrictions, in a form approved by the Town Attorney, to assure compliance with said
 7   conditions or with any of the provisions of the Ordinance.
 8
 9   If the Town Council fails to enact an ordinance granting the PR application, no
10   application for a PR Zoning Map Amendment will be accepted for filing by the Town for
11   a period of one year after the date of the Council’s decision or the date of finality of any
12   judicial review of the Council’s decision, whichever is later.
13
14   Site Plan Review and Action. Upon Mayor and Town Council approval of a PR District
15   Zoning Map amendment, the applicant shall prepare and submit for review by the
16   Planning Commission a preliminary and a final site/subdivision plan in accordance with
17   the site plan requirements specified in Subsection 806.3 B 301.3.B. of this Ordinance
18   and/or the requirements of the Town of Easton Subdivision Regulations. The design of
19   the preliminary and final site plan and/or subdivision shall be consistent with the
20   ordinance granting the PR application.
21
22
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     TOWN OF EASTON                                                                     2004 Edition
     ZONING ORDINANCE DRAFT                                                             ARTICLE VI
                                                 6-6

								
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