(A) Land use permitted within the PUD District. General land use type and location shall be approved by the County Council in concept at Phase I and specifically by the Planning Commission through site development plan review at Phase II. Land uses permitted within the PUD district are limited to:
(1) Residential. All residential uses including single family, duplex, townhouse, multifamily, or a continuing care retirement community (CCRC).
(2) Commercial. T Those uses permitted within the Village Center zoning district, indoor sports recreation facilities without racetracks, and funeral homes.
(3) Employment. Those uses permitted within the ORI zoning district as approved by the Planning Commission.
(4) Institutional. Institutional uses shall be limited to recreational and community activities, public services and facilities, health care facilities, schools, and institutional uses as provided within § 1-19-5.310 Use Table.
(5) Uses which are customary, accessory or associated with uses as permitted within this section or specifically approved by the Zoning Administrator including: private garages, storage spaces, tool sheds, or other similar uses.
(6) A CCRC PUD or a CCRC as a portion of a PUD may include related accessory uses for the benefit or convenience of the residents and their guests including but not limited to: kitchen and dining facilities, restaurants, places of worship, indoor and outdoor recreational uses, retail and banking facilities, beauty salon and barbershops, gift shops, classrooms, medical offices, medical clinic, laboratory services, exercise and vocational activity areas. A complete listing and range of square footage for each individual accessory use must be shown on the Phase I plan. The County Council may deny or reduce the size, type, location, and/or mixture of the various accessory uses if determined that it is inappropriate for the site or overall area of the CCRC.
(B) Residential land use mixture within the PUD District. A goal of the PUD district is to provide an optimal mixture of housing types, including single family dwellings, townhouses, and multifamily dwellings. It is recognized that each development project is unique and will benefit from its own mixture of housing types. The specific mixture of housing types for each development project shall be established by the County Council at Phase I, based on an evaluation of the following:
(1) Existing County Comprehensive Plan land use designation and the intended dwelling type and density.
(2) Need for a particular dwelling type based on existing and proposed residential dwelling types surrounding the tract of land receiving the PUD district.
(3) The County Comprehensive Plan community design policy of including a variety of dwelling types in all communities in Frederick County.
(4) The mixture of dwellings recommended within the County Comprehensive, Community, and Corridor Plans for the tract of land receiving the PUD district.
(5) The amount and type of moderately priced dwelling units to be constructed.
(C) Commercial land use mixture within the PUD District. In establishing the mixture of land uses in the PUD District the County Council shall include an evaluation of the relationship between proposed residential land uses and surrounding existing and proposed commercial land uses. This evaluation shall establish whether existing and proposed commercial land uses can adequately provide retail, business, and personal services to the proposed residential land use. Where it is determined that existing and proposed commercial and employment land uses will not adequately provide for the proposed residential land use, a minimum amount of commercial and employment land uses shall be required as part of the proposed development. The requirement of additional commercial and employment land uses shall be determined based on an evaluation of the following factors:
(1) Whether the number and type of existing or proposed commercial/employment land uses located within a distance that may be reasonably expected to serve a majority of the proposed residential dwelling units adequately provide retail, business, and personal services to the proposed residential land use.
(2) Whether the design of the proposed development maximizes use of alternate modes of transportation (pedestrian, bicycle, and transit) reducing the need for vehicular movement between residential and commercial/employment land uses.
(3) Whether the proposed development reflects a land use mixture consistent with the County Comprehensive, Community, and Corridor Plans.
(D) Open space/green area within the PUD District.
(1) Open space/green area within the proposed PUD development shall be calculated based on gross project area, and provided at the following minimum rates:
Gross Density | Required Minimum Percentage of Open Space/Green Area Exclusive of Floodplain |
3-6 du/acre | 30% |
6-12 du/acre | 35% |
12-20 du/acre | 40% |
(2) The County Council may require public parks and recreation facilities in addition to open space/green area. (See also § 1-19-10.500.8(A).)
(3) A reduction of not more than 50% of the open space/green area requirement may be granted where the County Council finds that open space/green area requirements are met through the use of low impact development techniques, environmental site design techniques, open space green area located in close proximity to the proposed development (to include public park facilities), or a combination thereof. (See also § 1-19-10.500.8(A)).
(E) Building square footages will be used to determine the land use percentages within mixed-use buildings.
(F) The County Council may in its sole discretion, deny, reduce, or increase the size, type, location, and/or mixture of the various land use components if it determines that the change is appropriate for the site or overall area of the PUD.
(G) As part of Phase II execution, the Planning Commission may approve minor modifications to individual land use location (such as single-family detached, duplex, or townhouse), provided that the location of the overall land use component (residential) within the site has not been modified. Any change in the amount or percentage mix of commercial and/or residential development of a PUD project having Phase I approval, must be approved by the County Council under the provisions of this division.
(H) Design requirements: density, setbacks, and height within the PUD district.
(1) Density.
(a) Gross density of a proposed PUD development shall comply with the following table. The gross density may not exceed the maximum density specified by the County Comprehensive Plan residential land use designation of the subject property:
County Comprehensive Plan Land Use Designation | Dwelling Units per Acre |
Low Density Residential | 3-6 du/ac |
Medium Density Residential | 6-12 du/ac |
High Density Residential | 12-20 du/ac |
(b) Where the tract of land receiving the PUD District has 2 or more residential land use designations, then the density may be calculated as a weighted average of the density ranges as specified for the residential land use designations in which the PUD is proposed.
(c) Where the tract of land receiving the PUD District has both residential and natural resource land use designations, the density may be calculated based on the combined area of the land use designations. (See also § 1-19-10.500.9(B)(2).)
(d) The maximum density of the Planned Development District shall be approved at Phase I by the County Council after review and evaluation of the following factors:
1. Existing and planned availability of public facilities and utilities.
2. Access to existing or planned transportation networks with consideration that the highest density commercial, employment, and residential developments should be located near access to major thoroughfares, public transportation systems, and transit hubs to facilitate smart growth principles and compact development.
3. The physical characteristics of the site proposed for development with particular emphasis on development constraints which may restrict achievable density and dwelling type, including natural features such as:
a. FEMA floodplain boundaries, including 25-foot floodplain buffer;
b. Priority forest conservation and forestation areas as listed under § 1-21-40(B);
c. Jurisdictional wetland boundaries and 25-foot buffers;
d. Hydrography, including perennial and intermittent stream and stream body buffer setback;
e. Steep slopes (over 25%) associated with hydrological features and/or erodible soils;
f. Nonresidential components (i.e. commercial areas); and
g. Roadways and other land proposed to be dedicated for public purpose.
4. The shape of the site proposed for development.
5. The design of the proposed development.
6. Any other relevant information that may have a bearing on the achievable density of the proposed development.
(e) Planned Development Districts are subject to the MPDU requirements set forth in this chapter. Density bonus will be determined as part of the Phase I review process.
(2) Setbacks and height. Setbacks and height shall be established by the Planning Commission at Phase II consistent with the general development standards as provided in § 1-19-10.500.9, reflecting the proposed development pattern and land use within the Phase I project concept plan or portion thereof, reflecting the location of the project within the county with consideration of the existing development pattern surrounding the proposed development, and consistent with the appropriate community and corridor plans.
(Ord. 10-26-561, 11-9-2010; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014; Bill No. 19-10, 7-16-2019; Bill No. 20-07, 8-4-2020; Bill No. 22-28, 10-18-2022)