(A) Purpose and intent.
(1) The Institutional District is a floating zone established to provide for the location and development of large-scale public and private institutional uses including public airports, college or universities, private schools, or public schools in areas with an agricultural/rural or institutional County Comprehensive Plan land use designation. Institutional uses fulfill the important function of providing for the educational, health, and social well-being of residents. However, large institutional facilities, because of their size, scale, and intensity, may create adverse impacts on surrounding properties and neighborhoods. These adverse impacts include noise, significant traffic volumes, and consumption of large areas of land for parking, infrastructure, and related facilities. Review and siting of these facilities through a floating zone process will maintain the purpose of the agricultural/rural areas identified by the County Comprehensive Plan by directing development to areas contiguous to concentrations of growth rather than where only services intended for rural and agricultural activities have been provided, will mitigate or minimize impacts to surrounding properties and mitigate or avoid traffic congestion which improves pedestrian and roadway safety.
(B) Size and location.
(1) The Institutional District may be established where:
(a) The tract of land receiving the Institutional District has a County Comprehensive Plan land use designation of either agricultural/rural or institutional. The Institutional District may be applied to a County Comprehensive Plan land use designation of Rural Residential (RurR), Low Density Residential (LDR), or Natural Resource (NR) where the RurR, LDR, or NR land use designations are a minor portion of the overall institutional project or a minor portion of the overall tract(s) receiving the Institutional District. Those portions of the project having a land use designation of Natural Resource may only be developed as provided in § 1-19-10.900(G)(5); and
(b) The tract of land receiving the Institutional District has frontage on and direct access to a roadway with at least a collector status, as designated on the County Comprehensive Plan, and is built to said classification requirements. The County Council may waive or modify this requirement where the tract of land receiving the Institutional District is within 2 miles of an existing grade separated interchange constructed on a controlled access freeway/expressway or within 2 miles of a proposed grade separated interchange constructed on a controlled access freeway/ expressway as shown on the Frederick County Comprehensive Plan; and
(c) The tract of land receiving the Institutional District is within ½ mile of a community growth boundary or is contiguous or within a community growth boundary as designated by the County Comprehensive Plan. For the purposes of this subsection, a property separated from a community growth boundary by a transportation or utility right- of-way (whether fee simple estate or lesser interest in realty) is deemed to be contiguous along the length of such right-of-way; or
(d) Where multiple contiguous parcels of land under one ownership constitute a project, at least one parcel is within or contiguous to a community growth boundary as designated on the County Comprehensive Plan.
(2) The tract of land receiving the Institutional District shall total no more than 100 acres except where the applicant can demonstrate that the increased size is required to meet the needs of the proposed development.
(C) Approval criteria.
(1) Approval or disapproval of a request for the application of the Institutional Zoning District shall be determined through evaluation of several criteria to establish whether the proposed project meets the purpose and intent of the zoning district. In addition to the requirements in § 1-19-3.110.4(A)(1)-(6), the Planning Commission and County Council shall evaluate the project on the following criteria:
(a) The project provides facilities that are planned and located in accordance with the Frederick County community design guidelines and development principles while considering the purpose and intent of the agricultural/rural or institutional land use designation;
(b) The proposed use will be compatible with existing or anticipated surrounding uses in terms of size, building scale and style, intensity, setbacks, and landscaping, or the proposal provides for mitigation of differences in appearance or scale through such means as setbacks, screening, landscaping or other design features. Anticipated surrounding uses shall be determined based upon existing zoning and land use designations;
(c) The project provides a safe and efficient arrangement of land use, buildings, traffic and pedestrian circulation systems, and infrastructure;
(d) The transportation system is adequate to serve the proposed use in addition to existing uses in the area. Evaluation factors include roadway capacity and level of service, on-street parking impacts, access requirements, a traffic management plan, neighborhood impacts, and pedestrian safety;
(e) Natural features of the site have been adequately considered and utilized in the design of the project. Evaluation factors include the relationship of existing natural features to man-made features both on-site and in the immediate vicinity;
(f) Fire/rescue and law enforcement facilities are adequate to serve the proposed project within established county standards.
(g) If the tract of land receiving the Institutional Floating Zoning District is designated other than No Planned Service (NPS) on the water and sewerage master plan then the project will be developed using publicly owned community water and sewer or a duly approved multi-use system. Those tracts of land receiving the Institutional Floating Zoning District and reflecting a designation of NPS shall utilize methods other than publicly owned community water and sewer meeting the requirements of and receiving approval from the Maryland Department of the Environment/the Frederick County Health Department.
(h) Environmental, geological, and hydrological features of the site and surrounding area have been adequately considered in the design of the project.
(D) Review and approval procedures.
(1) Phase I justification and floating zone reclassification. The procedure for Phase I approval will be the same as for zoning map amendments as established in §§ 1-19-3.110.1 through 1-19-3.110.6.
(2) Phase II execution. The procedure for Phase II approval shall follow the applicable subdivision or site development plan review process. Prior to applying for Phase II where publicly owned community water and sewer are available to serve the proposed project, a classification of W-5, S-5 on the Frederick County Water and Sewerage Master Plan shall be obtained. Subdivision shall occur in accordance with county subdivision regulations. Site development plan review shall occur in accordance with §§ 1-19-2.160, 1-19-3.300 through 1-19-3.300.4.
(E) Application.
(1) The application submitted must include 15 copies of each of the following:
(a) A map of the applicant's entire holding at a convenient scale;
(b) A vicinity map at a scale of 1 inch equals 2,000 feet or more to the inch, indicating the location of the property with respect to surrounding property and streets. The map will show all streets and highways within 2,000 feet of the applicant's property;
(c) An environmental features map of the property showing the existing surface of the land and the location of soil types and natural features such as streams, rock outcrops and wooded areas, at a minimum of 5 foot contour intervals, unless otherwise specified;
(d) A generalized overall land use plan at 1" = 100 scale, showing the type, location, acreage and density of all proposed land uses as well as the general street layout and circulation pattern;
(e) A concept plan at 1" = 50 scale showing the location of all proposed lot lines; the location, proposed use, size and height of all existing and proposed buildings; the location of all roads, parking lots, truck loading areas and access and egress drives; and the location and type of all public, recreational or cultural facilities and areas;
(f) A phasing schedule describing the timing and sequence of development;
(g) A traffic management plan shall be submitted and approved by the Community Development Division detailing the control and flow of vehicle traffic during events including emergency access. The plan shall also describe the responsible parties and necessary steps required for successful implementation;
(2) The applicant shall also submit a justification statement addressing each of the approval criteria as well as the following:
(a) Relationship of uses within the project and with existing uses in the neighborhood;
(b) Long-term implications on local development patterns, facilities and services;
(c) The timing of the construction of the project as it relates to the provision of facilities and services;
(d) Availability and suitability of pedestrian and vehicular access, and transportation systems;
(e) A statement identifying all related incidental accessory uses and activities associated with the primary use of the property including hours of operation, frequency of activity, and average number in attendance.
(3) The County Council may require that architectural renderings of buildings, streetscapes or public areas be presented to assure that the appearance, size and type of building material or other aspects of the design are in keeping with the purposes and intent of the institutional district. The County Council may add conditions to its approval of the institutional project requiring architectural review.
(F) Land use. Land uses permitted within the Institutional Zoning District are limited to the following:
(1) Public airports
(2) College or university
(3) Private school
(4) Public school
(5) Accessory uses shall be limited to those deemed to be incidental accessory uses associated with an institutional use as provided within this chapter (see also § 1-19-10.900(H)(1)(a) and (b), and Article VIII, Division 2. Accessory Uses) or as approved by the Zoning Administrator.
(G) General development standards. The following general development standards shall be met at the time of Phase II execution unless modified by the Planning Commission as provided in § 1-19-10.900(G)(6).
(1) Setbacks and height.
(a) At a minimum setbacks and height limitations shall be as provided for institutional uses in the Agricultural District in § 1-19-6.100 Design Requirements for Specific Districts.
(b) Along common property lines between the proposed development and an agricultural activity the setback shall be increased to 150 feet to include a landscaped area as set forth in § 1-19-10.900 (G)(3)(b). If the proposed development meets the definition of agricultural activity then the increased setback is not required. The Planning Commission may approve the reuse and location of development in the setback area if all identified adjacent agricultural activities have permanently ceased as determined by the Zoning Administrator.
(c) Along common property lines between the proposed development and a residential use the setback shall be increased to 150 feet.
(2) Parking, loading, landscaping, and lighting shall be provided in accordance with this chapter.
(3) Green area.
(a) All setback areas, except where otherwise permitted in this section, shall be landscaped and maintained as green space.
(b) As provided for in § 1-19-10.900(G)(1)(b) an increased setback shall be created to reduce conflicts between agricultural and non-agricultural uses. The setback area shall be maintained with natural vegetation or planted to emphasize native species rather than turf grass, creating a vegetative screen with the following minimum standards:
1. Two staggered rows of non-invasive species of trees and shrubs containing predominantly evergreen foliage;
2. Trees shall be a minimum of 6 feet in height at the time of installation;
3. In addition to the required plant materials the setback area may contain floodplain, stream setbacks, utilities, and environmental site design techniques to address stormwater management. As otherwise permitted by this chapter, unpaved parking and passive recreation areas may be located within the buffer area; however, a minimum setback as provided for institutional uses in the Agricultural District in § 1-19-6.100 shall be maintained. Where the setback area is utilized to meet forest resource ordinance requirements a duplication of plant materials is not required.
(4) Natural features. Insofar as practical, the landscape shall be preserved in its natural state by:
(a) Minimizing tree and soil removal or disturbance;
(b) Siting buildings to protect and enhance the relationship between buildings and the natural terrain;
(c) Retaining existing tree lines, forest buffers, and rock formations reducing visual impacts of development on surrounding properties and rights-of-way.
(5) Where the Institutional District has been applied to a County Comprehensive Plan designation of Natural Resource, the Natural Resource area may not be developed with additional dwelling units or additional commercial/employment structures, and roadways and vehicular crossings shall be minimized.
(6) As part of the Institutional District Phase II approval, the Planning Commission may approve modifications to setbacks, height, parking, loading, landscaping, screening, and buffering requirements, and general development standards, in accordance with the following:
(a) Modifications to parking, loading, landscaping, screening, and buffering requirements shall be limited to modifications as provided for within Article VI: District Regulations.
(b) All other modifications may be granted where the applicant or Planning Commission authorized representative can demonstrate need based on characteristics of the proposed use, physical site constraints, or other documentation as approved by the Planning Commission.
(H) Specific development standards.
(1) College or university.
(a) A college or university may include related incidental accessory uses necessary for the operation of the facility or the benefit or convenience of the residents or guests including but not limited to: administrative facilities, housing, athletic training facilities, recreational facilities, support services (bookstore, dining halls, post office, maintenance and storage facilities), place of worship, cemetery, and related utilities.
(b) At the time of Phase I approval additional uses may be identified and approved based on their direct relationship to primary college or university activities existing, or planned as part of the current application. These uses include: conference center (meeting rooms/guest accommodations), retail establishment, child care center, employment center, and retirement housing. These uses and related facilities shall be operated in association with the college/university and function for the use and benefit of students, faculty, administration and alumni(ae).
(Ord. 09-21-525, 6-4-2009; Ord. 09-22-526, 7-14-2009; Ord. 10-31-566, 12-21-2010; Ord. 13-25-653, 10-31-2013; Ord. 14-23-678, 11-13-2014; Bill No. 17-07, 5-16-2017)