ORDINANCE NO. 1978
AN ORDINANCE OF THE MAYOR AND THE COUNCIL
OF THE CITY OF SALISBURY, MARYLAND PURSUANT TO CHAPTER 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 THE APPROVED
PRELIMINARY DEVELOPMENT PLAN AND THE TEXT OF CHAPTER 17.150.050, AYDELOTTE FARM
PRD #7.
WHEREAS, the ongoing application, administration, and enforcement of Title 17, Zoning, of the Salisbury Municipal Code, demonstrates a need for its periodic review, evaluation, and amendment that will keep Title 17 current; and,
WHEREAS, the Mayor and City Council may amend Title 17, Zoning, of the Salisbury Municipal Code pursuant to the authority granted by Article 66B of the Maryland Annotated Code and in accordance with specific provisions of Chapter 17.228, Amendments and Rezoning of Title 17, Zoning; and,
WHEREAS, the Mayor and City
Council have requested that the Salisbury Planning and Zoning Commission
periodically review Title 17 in light of existing development trends and
practices and current City development policies as well as to review all
individual amendment requests from private citizens;
WHEREAS, a Public Hearing on said Preliminary Development Plan and text amendments to the Development Standards in Aydelotte Farm PRD #7, Section 17.150, Title 17, Zoning, of the Salisbury Municipal Code 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,
WHEREAS, the Planning Commission did recommend approval of the proposed Revised Preliminary Development Plan and text changes at a Public Hearing on June 16, 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:
AMEND THE TEXT OF SECTION
17.150 AS FOLLOWS:
Chapter 17.150
PLANNED RESIDENTIAL DISTRICT NO. 7 – AYDELOTTE
FARM
THE VILLAGES AT AYDELOTTE FARM
Sections:
17.150.010 Purpose.
17.150.020 Area of reclassification.
17.150.030 Permitted uses.
17.150.040 Accessory uses and structures.
17.150.050 Development standards.
17.150.060 Street standards.
17.150.070 Special Conditions.
17.150.080 Amendments.
17.150.090 Final development plan.
17.150.100 Control of development during construction
and after completion.
17.150.010 Purpose.
A.
The
purpose of Planned Residential District No. 7 is to provide for the development
of the THE VILLAGES AT Aydelotte
Farm with a planned community consisting of a variety of housing types and
minor neighborhood service uses located in harmony with the natural features of
the site. The development is designed to
preserve natural wooded slope areas along two on-site streams, to preserve
non-tidal wetlands areas, and to provide a nine acre intensive use
recreational area as part of one hundred thirty-three acres of planned open
space and recreation.
B.
The
development further provides right-of-way for and is further designed to
accommodate a major collector road that is included in the Northeast Metro Core
Development Management Plan and identified as the Northeast Collector.
C.
The
following regulations have been designed to carry out these purposes and are
further implemented on the AMENDED
development standards plan dated July 15, 1992 MAY 10, 2005 as approved by the Mayor and City Council.
17.150.020 Area of reclassification.
The area to be rezoned
as Planned Residential District No. 7 – THE
VILLAGES AT Aydelotte Farm, consists of one hundred seventy-five acres of
land, more or less, located at the northerly terminus of existing Aydelotte
Road and also on the north side of Middle Neck Drive Extended, Peggy Branch,
west side of Parkhurst Manor and Kathleen’s Delight subdivisions, south side of
Nottingham Woods subdivision, and Gordy Road Extended and east side of Middle
Neck Branch; the same being shown on the REVISED
Preliminary Subdivision Plat prepared by Davis, Bowen, and Friedel, Inc.,
dated July 15, 1992 PARKER AND
ASSOCIATES DATED MAY 10, 2005.
17.150.030 Permitted uses.
Permitted uses shall be as follows:
A.
Apartment
AND CONDOMINIUM buildings, townhouses,
cluster developments, in accordance with Chapter 17.176;
B.
Dwellings,
one and two-family; patio dwellings;
C.
Neighborhood
business uses, as set forth in Chapter 17.32;
D.
Park
and playground, public and private;
E.
Other
uses as permitted in an R-10 Residential District as listed in Chapter 17.156.
17.150.040 Accessory uses and structures.
A.
Residential
accessory uses, as set forth in Chapters 17.156 and 17.160;
B.
Uses
and structures clearly incidental or customary to, associated with any
permitted use.
17.150.050 Development standards.
A. Individual Parcel Standards.
1. Parcel
A – Recreation or Residential Alternative Uses.
a.
Minimum
land area: eight acres.
b.
Setbacks
shall be not less than:
i.
Street: twenty-five (25) feet.
ii.
PRD
perimeter: thirty (30) feet.
iii.
100-year
flood plain: ten feet.
iv.
Adjoining
c. Height:
thirty-five (35) feet maximum.
d. Parking: in accordance with the requirements of
Chapter 17.220.
e.
Residential
standards alternative: the same as
Parcel B.
2. Parcel
B –Residential.
a. Minimum land area: six acres.
b. Density: not to exceed seven units/acre.
c. Height: thirty-five (35) feet maximum.
d. Distance between
buildings: thirty (30) feet minimum.
e.
Setbacks
shall be not less than:
i.
Street: twenty-five (25) feet.
ii.
SIDE: TEN (10) FT.
iii.
REAR: THIRTY (30) FT.
iv.
PRD
perimeter: thirty (30) feet.
v.
100-year
flood plain: ten feet.
vi.
Adjoining
f. Parking: 1.8 spaces per unit minimum.
3. Parcel
C –Residential – Single-family detached.
a. Minimum land area: eighteen acres.
b. Density: not to exceed three units/acre.
c. Height: thirty-five (35) feet maximum.
d.
Setbacks
shall be not less than:
i.
Street: twenty-five (25) feet.
ii.
Side: ten feet.
iii.
Rear: thirty (30) feet.
iv.
100-Year
floodplain: ten feet.
e.
f.
g.
Parking: two spaces per unit minimum.
4. Parcel
D –Residential.
a. Minimum land area: six acres.
b. Density: not to exceed four units/acre.
c. Height: thirty-five (35) feet maximum.
d. Distance between
buildings: thirty (30) feet minimum.
e.
Setbacks shall be not less than:
i. Street:
twenty-five (25) feet.
ii.
Side: ten feet.
iii.
100-Year floodplain:
ten feet.
f.
Parking: 1.8 spaces
per unit minimum.
4. Parcel
I –Residential/ PARCELS D AND
E - Neighborhood Business.
a. Minimum land area: seven
ONE (1) acre.
b.
Density: not to exceed:
i. Residential: seventeen (17) units/acre.
ii. Neighborhood business: fifty thousand (50,000) THIRTY (30,000) square feet gross floor
area;
c. Height: sixty-five (65) FORTY (40) feet maximum.
d. Distance between
buildings: thirty (30) feet minimum.
e.
Setbacks
shall be not less than:
i. Street:
twenty-five (25) feet.
ii Side: twenty-five (25) feet.
f.
Parking:
i. Residential: 1.8 spaces per unit minimum.
ii. Neighborhood
business: a minimum of one space per
three hundred (300) square feet of floor area used for such uses.
5. Parcel
E –Residential.
a. Minimum land area: seven acres.
b. Density: not to exceed ten units/acre.
c. Height: thirty-five (35) feet maximum.
d. Distance between
buildings: thirty (30) feet minimum.
e.
Setbacks shall be not less than:
i. Street:
twenty-five (25) feet.
ii.
Side: ten feet.
iii.
100-Year floodplain:
ten feet.
f.
Parking: 1.8 spaces
per unit minimum.
6. Parcel
F –Residential (CONDOMINIUM).
a. Minimum land area: thirteen (13) SEVEN (7) acres.
b. Density: not to exceed sixteen (16) TEN (10) units/acre.
c. Height: forty-five (45) FIFTY-FIVE (55) feet maximum.
d. Distance between
buildings: thirty (30) feet minimum.
e.
Setbacks
shall be not less than:
i. Street:
twenty-five (25) feet.
ii.
Side: ten feet.
iii.
100-Year
floodplain: ten feet.
iv.
Adjoining
NE Metro Core Collector road: fifty (50)
feet.
f.
Parking: 1.8 spaces per unit minimum.
7. Parcel
F PARCEL G - Residential (CONDOMINIUM).
a. Minimum land area: thirteen (13) SEVEN (7) acres.
b. Density: not to exceed sixteen (16) TEN (10) units/acre.
c. Height: forty-five (45) FIFTY-FIVE (55) feet maximum.
d. Distance between
buildings: thirty (30) feet minimum.
e.
Setbacks
shall be not less than:
i. Street:
twenty-five (25) feet.
ii.
Side: ten feet.
iii.
100-Year
floodplain: ten feet.
iv.
Adjoining
NE Metro Core Collector road: fifty (50)
feet.
f.
Parking: 1.8 spaces per unit minimum.
8. Parcel
H –Recreation.
a. Minimum land area: ten acres.
b.
Setbacks shall be not less than:
i. Street:
twenty-five (25) feet.
ii.
Side: twenty-five
(25) feet.
c.
Height: thirty-five
(35) feet maximum;
d. Parking: in accordance with the requirements of
Section 17.196.030.
8. PARCEL H – RESIDENTIAL (TOWNHOUSES).
a.
MINIMUM LAND AREA: THIRTY (30) ACRES.
b.
DENSITY: NOT TO EXCEED 5.5 UNITS/ACRE.
c.
HEIGHT: THIRTY-FIVE (35) FEET MAXIMUM.
d.
SETBACKS SHALL BE NOT
LESS THAN:
i. STREET: TWENTY-FIVE (25) FEET.
ii.
SIDE: TEN FEET.
iii.
REAR: THIRTY (30) FEET.
iv.
100-YEAR
FLOODPLAIN: TEN FEET.
e.
PARKING: 1.8 SPACES PER UNIT MINIMUM.
9. Parcel
I –Residential/Neighborhood Business.
g. Minimum land area: seven
acres.
h.
Density: not to
exceed:
i. Residential: seventeen (17) units/acre.
ii. Neighborhood business: fifty thousand (50,000) square feet gross
floor area;
i.
Height: sixty-five
(65) feet maximum.
j.
Distance between buildings:
thirty (30) feet minimum.
k.
Setbacks shall be not less than:
i. Street:
twenty-five (25) feet.
Ii Side: twenty-five (25) feet.
l.
Parking:
i. Residential: 1.8 spaces per unit minimum.
ii. Neighborhood business: a minimum of one space per three hundred
(300) square feet of floor area used for such uses.
9. PARCEL I – RESIDENTIAL (TOWNHOUSES).
a.
MINIMUM LAND AREA: THIRTY (30) ACRES.
b.
DENSITY: NOT TO EXCEED 5.5 UNITS/ACRE.
c.
HEIGHT: THIRTY-FIVE (35) FEET MAXIMUM.
d.
SETBACKS SHALL BE NOT
LESS THAN:
i. STREET: TWENTY-FIVE (25) FEET.
ii.
SIDE: TEN FEET.
iii.
100-YEAR
FLOODPLAIN: TEN FEET.
e.
PARKING: 1.8 SPACES PER UNIT MINIMUM.
10. Parcel
J –Residential.
a. Minimum land area: seven (7) acres.
b. Density: not to exceed fifteen (15) units/acre.
c. Height: thirty-five (35) feet maximum.
d. Distance between
buildings: thirty (30) feet minimum.
e.
Setbacks shall be not less than:
i. Street:
twenty-five (25) feet.
ii.
Side: ten feet.
iii.
100-Year floodplain:
ten feet.
f.
Parking: 1.8 spaces
per unit minimum.
10. PARCEL J – RESIDENTIAL – SINGLE-FAMILY
DETACHED.
a.
MINIMUM LAND AREA: EIGHT (8) ACRES.
b.
DENSITY: NOT TO EXCEED THREE UNITS/ACRE.
c.
HEIGHT: THIRTY-FIVE (35) FEET MAXIMUM.
d.
SETBACKS SHALL BE NOT
LESS THAN:
i. STREET: TWENTY-FIVE (25) FEET.
ii.
SIDE: TEN FEET.
iii.
REAR: THIRTY (30) FEET.
iv.
100-YEAR
FLOODPLAIN: TEN FEET.
e.
f.
g.
PARKING: TWO SPACES PER UNIT MINIMUM.
11. Parcel
K –Residential.
a. Minimum land area: four acres.
b. Density:
not to exceed seventeen (17) units/acre.
c. Height:
thirty-five (35) feet maximum.
d. Distance between buildings: thirty (30) feet minimum.
e.
Setbacks shall be not less than:
i. Front Yard: twenty-five (25) feet.
ii.
Side yard: ten feet.
iii.
100-Year floodplain:
ten feet.
f.
Parking: 1.8 spaces
per unit minimum.
12. Parcel
L –Residential.
a. Minimum land area: seven (7) acres.
b. Density: not to exceed nine units/acre.
c. Height: thirty-five (35) feet maximum.
d. Distance between
buildings: thirty (30) feet minimum.
e.
Setbacks
shall be not less than:
i. Front:
twenty-five (25) feet.
ii.
100-Year
floodplain: ten feet.
iii.
Adjoining
f.
Parking: 1.8 spaces per unit minimum.
B. Building Entrance Location. All entrances to apartment buildings shall be
no greater than eighty (80) feet from a parking lot. Fire hydrants shall be installed as required
by City policy.
C. Landscaping. A detailed landscaping plan shall be
submitted with each phase of the development.
Landscaping shall generally be in accordance with the REVISED Preliminary DEVELOPMENT Landscaping Plan – C1.5
– as approved by the Planning Commission and the more detailed landscaping
requirements in Section G, Landscaping, contained in the General Explanation of
Character of Development, Section I, Preliminary Development Plan Submission,
dated September 20, 1991 DATED MAY 10, 2005.
D. Open space. Open space shall be provided as shown on the open
space plan – C1.4 – dated July 15, 1992. REVISED PRELIMINARY DEVELOPMENT PLAN DATED MAY 10, 2005. Details of open space, use, access, and
development areas shall be shown on Final Development Plans for each phase of
development.
E. Architectural Elevations. Architectural elevations for each building
shall be submitted with Final Development Plans for each phase of development.
F.
Subdivision
Plat, Community Association, and Condominium Documents. A final subdivision plat shall be submitted
with Final Development Plans for each parcel.
The overall VILLAGES AT
Aydelotte FARM Community Association
documents regarding maintenance of open space identified on the open space
plan – C1.4 – dated July 15, 1992, REVISED
PRELIMINARY DEVELOPMENT PLAN DATED MAY 10, 2005 shall be approved by the
Planning Commission and recorded with the final subdivision plat for the first
parcel of development. Individual
condominium and homeowner’s association documents shall be approved by the
Planning Commission and recorded for each parcel of development.
G.
Signs. Signs shall be in accordance with Sections
17.216.060, 17.216.070, and 17.216.140.
H.
1.
No
part of any accessory building or structure shall be located closer than five
(5) feet to a rear, side, or floodplain line.
On a corner lot, no accessory building shall be located closer than
twenty-five (25) feet to the curbline of an abutting street.
2.
No
accessory building shall occupy more than fifty (50) percent of a required rear
or side yard on a single-family residential lot.
3.
A
swimming pool may be located in the side or rear yard no closer than
twenty-five (25) feet to a street right-of-way.
The combined total lot coverage of a swimming pool and all accessory
buildings and structures shall not exceed seventy-five (75) percent of the
required rear yard or side yard area.
17.150.060 Street standards.
A. Streets
and temporary access shall be provided as shown on the Preliminary Subdivision
Plat dated July 15, 1992, DATED
MAY 10, 2005 subject to any subsequent modification thereto required by the
City Council or City Department of Public Works.
B.
All
streets shall be developed in accordance with standards and profiles required
or approved by the City Department of Public Works.
C.
17.150.070 Special conditions.
A.
The recreation area shown as Parcel H on the development
standards plan shall be developed with at least one basketball court and one
tennis court by the end of development of Phase I. The recreation area shall be completed by the
end of development of Phase III.
A. Parkhurst Drive on the east side of the site
shall be terminated at the property line of Aydelotte Farm and blocked with a
berm or permanent landscaping before construction of Phase I, except that such
berm or landscaping shall be in a manner so as to permit access for
agricultural-use vehicles until the cessation of agricultural operations or the
commencement of construction of Parcel C.
B.
The
forty (40) foot private right-of-way (handle) on the east side of the site to
Parker Road shall be conveyed to any adjoining property owners willing to
accept the additional land by no later than the end of development of Parcel C.
C.
The
owners of the site shall provide in fee simple a right-of-way of eighty (80)
feet for the public construction of the new major northeast collector road
through the site and a sixty (60) foot right-of-way for the extension of
D.
In
the event that Parcel A is not utilized as a public recreation area, the parcel
may be developed as residential in accordance with the same standards as Parcel
B as defined in Section 17.150.050.
17.150.080 Amendments.
Amendments
to Planned Development District No. 7 shall be in accordance with the
provisions of Section 17.108.090 of the City Code.
17.150.090 Final development plan.
A.
The
REVISED PRELIMINARY comprehensive
development plan dated July 15, 1992, MAY 10, 2005 as approved by the Planning Commission together
with the development standards plan, and the open space plan, dated July
15, 1992, shall be recorded in the Land Records of Wicomico County. Development of the site shall be in general
conformance with these plans.
B.
A
final development plan for each parcel of development or any proposed phase of
development shall be submitted to and approved by the Planning Commission in
accordance with Section 17.108.100.
17.150.100 Control of development after completion.
A.
Specific
development of Planned Residential District No. 7 shall be controlled by the
Final Development Plan as approved by the Planning Commission and any amendment
thereto.
B.
Where
specific regulations are not addressed in this Chapter, all other regulations
of Title 17 shall govern. In the event
of any conflict between the provisions of this Chapter and other provisions of
Title 17, the requirements of this Chapter shall apply.
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 _____ day of _________, 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