ORDINANCE
NO. 1966
AN ORDINANCE OF THE MAYOR AND THE COUNCIL OF THE
CITY OF SALISBURY, MARYLAND PURSUANT TO CHAPTERS 17.108 AND 17.228 OF TITLE 17,
ZONING, OF THE SALISBURY MUNICIPAL CODE, AND SECTION 4.04 OF ARTICLE 66B OF THE
ANNOTATED CODE OF MARYLAND, FOR THE PURPOSE OF AMENDING IN ACCORDANCE WITH
CHAPTER 17.112, ST. ALBAN’S COMMONS PRD #9 ON THE WESTERLY SIDE OF BEAGLIN PARK
DRIVE, THE NORTHERLY SIDE OF VILLAGE AT SALISBURY LAKE PDD #3, THE EASTERLY
SIDE OF ST. ALBAN’S DRIVE AND THE SOUTHERLY SIDE OF MT. HERMON ROAD (MD RTE.
350).
WHEREAS, an
application for reclassification of zone from Regional Commercial and St.
Alban’s Commons PRD #9 to a Planned Development District known as Village at
Salisbury Lake has been received in accordance with Chapters 17.108, 17.112,
and 17.228 of Title 17, Zoning, of the Salisbury Municipal Code;, and,
WHEREAS,
a Public Hearing on a Preliminary Development Plan for Village at Salisbury
Lake PDD #3 was held by the Planning Commission in accordance with the provisions
of Chapters 17.108, 17.112, and 17.228, of Title 17, Zoning, of the Salisbury
Municipal Code on June 16, 2005 and continued on July 21, 2005 and August 18,
2005; and,
WHEREAS,
the Planning Commission did recommend approval of the proposed Preliminary
Development Plan and establishment of Planned Development District #3 Villages
at Salisbury Lake in accordance with the provisions of Chapters 17.108 and
17.228 at a Public Meeting on August 18, 2005;
NOW, THEREFORE, BE IT
ENACTED AND ORDAINED BY THE COUNCIL OF THE CITY OF SALISBURY, MARYLAND, that
Title 17, Zoning, of the Salisbury Municipal Code are hereby amended by adding
the wording in bold print and deleting the wording with strike-throughs as
follows:
CHAPTER 17.117
Planned Residential DEVELOPMENT District No. 9 2
St. Alban’s Commons
Amended 6/25/01 by Ordinance #1812 and
6/26/03 by Ordinance #1880
Section 17.117.010. Purpose.
Section 17.117.020. Area
of Reclassification.
Section 17.117.030. Permitted
uses.
Section 17.117.040. Accessory
uses and structures.
Section 17.117.050. Development
standards.
Section 17.117.060. Street
standards.
Section 17.117.070. Amendments.
Section 17.117.080. Final
Development Plan.
Section 17.117.090. Control
of Development During Construction and After Completion.
Section 17.117.010. Purpose.
The
purpose of Planned Residential DEVELOPMENT
District No. 9 2 is to
provide for the development of certain lands on the west side of Beaglin Park
Drive, the north side of Glen Avenue, THE VILLAGE AT SALISBURY LAKE PDD #3, the east side of St. Alban’s
Drive and the south side of Mt. Hermon Road with a mixed-use development
including a traditional neighborhood with a mix of housing types as well as
four commercial DEVELOPMENT pads. The development is designed in a manner that
will provide open space, perimeter setbacks with berms and landscaping, and
assure compatibility with this transitional neighborhood.
The
following regulations have been designed to carry out these purposes and are
further implemented in the approved Preliminary Development Site Plan and
approved Development Standards Plan dated 12/29/98 and the Preliminary
Development Site Plan dated 1/23/03.
Section 17.117.020. Area
of Reclassification.
The
area to be rezoned as Planned Residential DEVELOPMENT District No. 9 2 – St. Alban’s Commons, consists of 26.3056 4.19 acres of land binding upon the
west side of Beaglin Park Drive, the north side of Glen Avenue THE VILLAGE AT SALISBURY LAKE, the east
side of St. Alban’s Drive and the south side of Mt. Hermon Road, the same being
as shown on the Preliminary Subdivision Plat prepared by Frederick Ward
Associates, Inc., dated 12/29/98 (revision date) and a Preliminary Development
Plan prepared by Parker and Associates and dated 1/23/03. The site is further identified as PART OF Parcel No. 2504 and 2520
2581, PADS 8 AND 9 on City of
Salisbury Assessment Map No. 109 and Parcel No. 2502 2505 on City of Salisbury Assessment
Map No. 121.
Section 17.117.030. Permitted
uses.
A. Permitted residential uses shall be
as follows:
1.
Single family, two family, three family or four family
buildings (townhomes).
2.
Condominium units.
3.
Apartment buildings.
B. Permitted and special exception commercial uses shall be as
follows:
1. All
those uses permitted inherently or by special exception in the Neighborhood
Business District (Chapter 17.32).
Section 17.117.040. Accessory
uses and structures.
Accessory
uses and structures shall be as follows:
A.
Home occupation.
B.
Office within an apartment solely for the purpose of ongoing
management.
C.
Public recreational facilities.
D.
Uses
and structures clearly incidental to, customary to and associated with the
permitted use.
Section 17.117.050. Development
standards.
Development
standards for Planned Residential DEVELOPMENT
District No. 9 2 shall be
as follows:
A. Minimum
lot requirements – Townhouses:
1. Lot
area: two thousand five hundred (2,500)
sq. ft.
2. Lot
width: twenty-five (25) feet.
3. All
other uses to be subdivided in accordance with the approved Planned Development
District Plan.
B. Minimum yard and perimeter requirements
– Townhouses:
1. Front
yard: 20 feet
2. Front
yard – corner units: 15 feet.
3. Side
yard: 20 feet between buildings.
4. Rear
yard: 30 feet from rear lot line
5. Perimeter
–
6. Perimeter
– St. Alban’s Drive: 25 feet from
right-of-way.
C. Minimum
yard and perimeter requirements – Condominiums/Garden Apartments:
1. Front
yard: 30 feet from right-of-way.
2. Front
yard – setback from parking lot: 20
feet.
3. Side
yard: 20 feet (35 feet between
buildings).
4. Perimeter
–
5. Perimeter
– St. Alban’s Drive: 30 feet from
right-of-way.
D. Minimum
yard and perimeter requirements – Commercial Lots:
1. Front
yard: 50 feet, except that the setback
for Parcel #2502 shall be 25 feet.
2. Side
yard: 10 feet.
3. Residential
setback: 15 feet.
E. Density: The total number of units on the site shall
not exceed THAT SHOWN ON THE PRELIMINARY
DEVELOPMENT PLAN DATED those as
specifically listed as follows:
1. Townhouses: 52.
2. Garden
apartments: 120
3. Condominium
units: 72
4. Commercial
lots: 4
F. Height: Not to exceed 35 feet or three stories.
G. Parking
SHALL BE
1. Townhouses: No less than 102 spaces.
2. Garden
apartments: No less than 216 spaces.
3. Condominium
units: No less than 130 spaces.
4. Commercial
lots: in accordance with Section 17.196 of the
Code.
H. Landscaping and Open Space. Landscaping and open space, including
perimeter berms and plantings, shall be provided in accordance with the
Preliminary Development Plan dated 12/29/98, subject to any subsequent
modifications thereto required by the Salisbury Planning Commission or City
Council. Landscaping of the
commercial lots shall be provided in accordance with Comprehensive Development
Plans to be approved by the Planning Commission for each lot.
I. Signs.
Signs shall be installed in accordance with Section 17.216 of the
Salisbury Municipal Code.
Section 17.117.060. Street
standards.
Accessways
and street entrances shall be provided as shown on the Preliminary Development
Site Plan dated 12/29/98 and a Preliminary Development Site Plan dated
1/23/03 subject to any subsequent modification thereto required by the City
Council, the Salisbury Department of Public Works, or the State Highway
Administration and shown on the Final Development Plan.
Section 17.117.070. Amendments.
Amendments
to Planned Development District No. 9 2 shall be in accordance with the procedures established in
Chapters 17.108, 17.112, and 17.228.
Section 17.117.080. Final
Development Plan.
Development
of the site shall be in general conformance with the approved Comprehensive
Site Plan and Landscaping Plan dated 12/29/98, approved by the City Council and
a Preliminary Development Plan dated 1/23/03 approved by the City Council
incorporating Parcel #2502 into St. Alban’s Commons. The Preliminary Development Site Plan shall
be recorded in the Land Records of Wicomico County.
A
Comprehensive Development Plan shall be approved by the Planning Commission for
each commercial lot. Development of
Parcel #2502 shall be subject to the subdivision covenants and restrictions and
subsequent modifications as necessary for St. Alban’s Commons PRD #9 PDD #2, execution of appropriate shared
facilities agreements for stormwater management WITH THE VILLAGE AT SALISBURY LAKE PDD #3, and submission of
an ANY amended overall PRD
Site Plan for St. Alban’s Commons PRD #9 PDD #2 FOR THE DEVELOPMENT OF incorporating Parcel #2502 into
the PRD.
Section 17.117.090. Control
of Development During Construction and After Completion.
Development
of Planned Residential DEVELOPMENT
District No. 9 NO. 2 shall be
controlled by the Final Development Plan as approved by the Planning Commission
and any amendments thereto. Where
specific regulations are not addressed in this District, all other regulations
of Title 17, Zoning, of the Salisbury Municipal Code shall govern.
AND BE IT FURTHER
ENACTED AND ORDAINED BY THE COUNCIL OF THE CITY OF SALISBURY, MARYLAND,
that this Ordinance shall take effect from and after the date of its final
passage but in no event until ten (10) days after the date of the Council’s
Public Hearing, and,
THE ABOVE ORDINANCE
was introduced at a meeting of the Council on the _28th_ day of November_,
2005, and having been published as required by law, in the meantime, was
finally passed at its meeting on the _____
day of _______, 2005.
____________________________
Michael
P. Dunn
President
of the City Council of
the
City of
Approved by me this _____ Witness:
day of ____________, 2005.
___________________________ __________________________
Mayor of