(A) Purpose and intent.
(1) The Open Space Recreation District is a floating zone established to provide for the location and development of large-scale recreational uses including recreational vehicle campgrounds, golf courses, zoo/botanical garden/arboretums, and fairgrounds in areas with an agricultural/rural County Comprehensive Plan land use designation. These types of development provide for active and/or passive recreation adding to the opportunities for outdoor exercise, appreciation of scenic areas, and enjoyment and access to open space. As natural resource dependent uses, large recreational developments can consume large areas of land for parking, infrastructure, and related facilities leading to adverse impacts on surrounding properties and neighborhoods. Review and siting of these facilities through a floating zone process will enable the location of these facilities to areas contiguous to a community growth boundary to provide a transition between growth areas and existing agricultural uses, to mitigate or minimize impacts to surrounding properties, mitigate or avoid traffic congestion which improves pedestrian and roadway safety, and to maintain the purpose of the agricultural/rural areas identified by the County Comprehensive Plan.
(B) Size and location.
(1) The Open Space Recreation District may be established where:
(a) The tract of land receiving the Open Space Recreation District has a County Comprehensive Plan land use designation of agricultural/rural; and
(b) The tract of land receiving the Open Space Recreation District has frontage on and direct access to a roadway with at least a collector status, as designated by the County Comprehensive Plan, and is built or will be upgraded by the applicant to said classification requirements. The County Council may waive or modify this requirement where the tract of land receiving the Open Space Recreation District is within two miles of a grade separated interchange on a controlled access freeway/ expressway; and
(c) The tract of land receiving the Open Space Recreation District is within two miles of a grade separated interchange on a controlled access freeway/expressway, or the tract of land is within or contiguous to a community growth boundary as designated on 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; and
(2) The tract of land receiving the Open Space Recreation District shall have a minimum parcel size of: 10 acres for a recreational vehicle campground, and a minimum of 25 acres and a maximum of 200 acres for fairgrounds except where the applicant can demonstrate 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 Open Space Recreation 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 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, 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 Open Space Recreation 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. Those tracts of land receiving the Open Space Recreation 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.
(i) When a tract of land for which the Open Space Recreation Zone is proposed, is located wholly or partly within a Frederick County Priority Preservation Area (PPA), the project shall in addition to the other requirements of this section be evaluated to ascertain consistency with the purpose and intent of the PPA. This evaluation shall include the following factors: existence of prime farmland soils as identified in the USDA Soil Survey for Frederick County, existing agricultural easements surrounding the tract, development potential, and the tract size and location within the PPA. In the event the approving body determines the project as proposed is inconsistent with the purpose and intent of the PPA, the approving body may impose conditions to mitigate the inconsistency or deny the application.
(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 approval 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 of this chapter.
(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) Landscape plans submitted by the applicant shall include a nutrient management plan addressing not only turf areas but also tree, shrub, and flower beds. The plan shall be prepared by a certified nutrient management consultant and follow the best management practices as outlined by the University of Maryland Cooperative Extension Recommendations.
(2) The applicant shall 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 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 Open Space Recreation District. The County Council may add conditions to its approval of the open space recreation project requiring architectural review.
(F) Land use. Land uses permitted within the Open Space Recreation Zoning District are limited to the following:
(1) Recreational vehicle campground
(2) Golf course
(3) Zoo/botanical garden/arboretum
(4) Fairground
(5) Accessory uses shall be limited to those deemed to be incidental accessory uses to an open space recreation use as provided within this chapter (see Article VIII, Division 2. Accessory Uses) or as specifically approved by the Zoning Administrator.
(G) General development standards. The general development standards provided below shall be met at the time of site development plan review.
(1) Setbacks and height.
(a) At a minimum setbacks and height limitations shall be as provided for natural resource 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 § 1-19-10.1000(G)(3)(c). 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) Transportation.
(a) Parking shall not be located within required setback areas, except where otherwise provided within this section.
(b) Parking shall be limited to that number of spaces required by zoning ordinance. An increase in the number of parking spaces may be granted by the Planning Commission where the applicant can demonstrate need based on characteristics of the proposed use, hourly parking demand studies published by the Institute of Transportation Engineers (ITE), or other documentation as approved by the Planning Commission. Parking approved beyond that number required by zoning ordinance shall be constructed of pervious materials.
(c) Parking areas required by zoning ordinance shall be landscaped in accordance with the following minimum standards:
1. Parking areas, other than overflow parking, shall be separated into bays of not more than 10 parking spaces. Between or at the end of each parking bay there shall be planters of at least 5 feet in width. Each planter shall contain 1 tree at least 6 feet in height at the time of planting and groundcover containing at least 2 shrubs for every 100 square feet of landscape area. Trees within parking area planters shall be deciduous and provide at least 20% canopy cover at maturity. The Planning Commission may approve modifications to these standards to accommodate parking area design requirements associated with a fairground, recreational vehicle campground, or environmental site design techniques.
(d) Environmental site design techniques such as bioretention shall be utilized as the initial option for stormwater collection of all paved parking areas.
(3) Green area.
(a) All setback areas, except where otherwise permitted in this section, shall be landscaped and maintained as green space.
(b) Landscaping shall be maintained in a healthy condition.
(c) 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 natural resource 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) Lighting shall be designed and directed away from adjoining properties so as not to cause glare or adverse impacts.
(5) 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.
(H) Specific development standards.
(1) Fairground.
(a) Multiple vehicular entrances and exits shall be provided, and located at least 400 feet away from any road intersection;
(b) A traffic management plan shall be submitted to 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;
(c) Reasonable hours of operation and number of days per event shall be approved by the County Council as part of the Phase I approval.
(d) Landscaping and screening shall be provided with the intent of reducing the impact on neighboring properties and enhancing the visual appeal of the project. All parking areas, other than overflow parking, shall be screened from adjacent properties and roads with plantings including evergreens at least 6 feet in height.
(2) Recreational vehicle campground.
(a) Both tent and recreation vehicles can be accommodated within a recreational vehicle campground, but the campground shall be designed to contain a majority of recreational vehicles.
(b) Each campground will contain individual site electrical and water outlets, toilet and shower facilities, and sanitary facilities as required by the Frederick County Health Department.
(c) Accessory commercial and recreational services, if exclusively used for residents of the campground, are permitted. This may include coin-operated laundry, grocery, swimming pool, or entertainment as approved by the Zoning Administrator.
(d) Maximum density permitted is 15 campsites per acre and a minimum of 3,000 square feet per campsite. All campsites will be at least 50 feet from the property line.
(e) The only permitted permanent residential occupancy will be for the resident owner or manager.
(f) One acre for every 10 acres of the site area will be used for recreation space. This will not include the area within required setbacks.
(g) The minimum distance between campsites will be 20 feet.
(h) All utilities, including but not limited to electric and telephone lines, shall be placed underground in accordance with rules and procedures established by the Maryland Public Service Commission.
(Ord. 09-21-525, 6-4-2009; Ord. 09-22-526, 7-14-2009; Ord. 11-06-572, 5-17-2011; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014)