Division 59-D-1. Development Plan. [Note]

 

Notes

[Note]

*Editor’s note—Division 59-D-1 is cited in Boyds Civic Association v. Montgomery County Council, 67 Md.App. 131, 506 A.2d 675 (1986); and in Montgomery County v. Greater Colesville Citizens Association, 70 Md.App. 374, 521 A.2d 770 (1987).  Division 59-D-1 [formerly § 111-17] is quoted and discussed in Maryland- National Capital Park & Planning Commission v. Rossmoor Corporation, 265 Md. 267, 288 A.2d 898 (1972). Division 59-D-1 [formerly §§ 111-25 and 111-26] is cited in Maryland-National Capital Park & Planning Commission v. Rossmoor Corporation, 265 Md. 267, 288 A.2d 898 (1972).  Division 59-D-1 [formerly § 111-25] is cited in Gruver-Cooley Jade Corporation v. Perlis, 252 Md. 684, 251 A.2d 589 (1969).  Division 59-D-1 [formerly §§ 111-17(d)(3) and 111-26(d)(3)] is quoted in Gruver-Cooley Jade Corporation v. Perlis, 252 Md. 684, 251 A.2d 589 (1969).  Division 59-D-1 [formerly § 59-63] is cited in Kanfer v. Montgomery County Council, 35 Md.App. 715, 373 A.2d 5 (1977).

Sec. 59-D-1.1. Zones in which required.

Development in the following zones is permitted only in accordance with a plan approved by the district council at the time the land is classified in one of these zones, as provided by article 59-C, “Zoning Districts; Regulations,” and Section D-1.7.  An application for reclassification to any of these zones may be filed only by a person who has a financial, contractual, or proprietary interest in the land sought to be reclassified, except that, in the case of land or rights-of-way owned or controlled by the State of Maryland, the county, or other political subdivision, government entity or agency, or the Washington Metropolitan Area Transit Authority (“WMATA”), a person may file an application, if the application includes an agency agreement or other written authorization from said government entity, agency, or WMATA authorizing that person to include said public land as part of that specific application.

   P-D-Planned development

   MXPD-Mixed use planned development

   Town sector

   Planned neighborhood

   P-R-C-Planned retirement community

   PCC-Planned cultural center

   R-4plex-Residential, fourplex

   R-MH-Planned mobile home development

   TS-R-Transit station, residential

   TS-M-Transit station, mixed

   Country inn

   Mineral resource recovery

(Legislative History: Ord. No. 10-18, § 2; Ord. No. 10-45, § 3; Ord. No. 11-7, § 2; Ord. No. 11-22, § 1; Ord. No. 11-35, § 4; Ord. No. 12-69, § 3.)

   Editor’s note—Section 59-D-1.1 is quoted in Manian v. County Council for Montgomery County, 171 Md. App. 38, 908 A.2d 665 (2006).  Section 59-D-1.1 is cited in Pleasant Investments Ltd. Partnership v. Dept. of Assessments & Taxation, 141 Md. App. 481 (2001).

Sec. 59-D-1.2. Development plan general requirements.

   (a)   In order to assist in achieving the flexibility of the design needed for the implementation of the purposes of these zones, the applicant must submit a development plan as a part of the application for reclassification. A site plan that conforms to all non-illustrative elements of the approved development plan must later be approved under Division 59-D- 3 before any building permit is issued.

   (b)   A copy of the development plan must be submitted to the Planning Board; the applicant may be required to submit additional copies for review by other government agencies and the public.

   (c)   The District Council must not grant reclassification to any of these zones until it has received the Panning Board's recommendation on the development plan. The development plan must satisfy the stated purposes of the applicable zone.

   (d)   The fact that a development plan complies with all of the stated general regulations, development standards, or other specific requirements of the zone does not, by itself, create a presumption that the proposed development would be desirable, and is not sufficient to require the approval of the development plan or the granting of the application.

(Legislative History: Ord. No. 10-45, § 3; Ord. No. 11-7, § 2; Ord. No. 12-69, § 3; Ord. No. 15-63, § 2.)

   Editor’s note—Section 59-D-1.2 is quoted in Manian v. County Council for Montgomery County, 171 Md. App. 38, 908 A.2d 665 (2006).  Section 59-D-1.2 is cited in Pleasant Investments Ltd. Partnership v. Dept. of Assessments & Taxation, 141 Md. App. 481 (2001).

Sec. 59-D-1.3. Contents of development plan.

The development plan must clearly indicate how the proposed development meets the standards and purposes of the applicable zone. The development plan must include the following, in addition to any other information which the applicant considers necessary to support the application:

   (a)   A natural resources inventory prepared in accordance with a technical manual adopted by the Planning Board and, in addition:

      (1)   other natural features, such as rock outcroppings and scenic views; and

      (2)   historic buildings and structures and their approximate ages.

   (b)   A map showing the relationship of the site to the surrounding area and the use of adjacent land.

   (c)   Except for the town sector zone, a land use plan showing:

      (1)   The general locations of the points of access to the site.

      (2)   The locations and uses of all buildings and structures.

      (3)   A preliminary classification of dwelling units by type and by number of bedrooms.

      (4)   The location of parking areas, with calculations of the number of parking spaces.

      (5)   The location of land to be dedicated to public use.

      (6)   The location of the land which is intended for common or quasi-public use but not proposed to be in public ownership, and proposed restrictions, agreements or other documents indicating the manner in which it will be held, owned and maintained in perpetuity for the indicated purposes.

      (7)   The preliminary forest conservation plan prepared in accordance with Chapter 22A.

   (d)   Except for the town sector zone, a development program stating the sequence in which all structures, open spaces, vehicular and pedestrian circulation systems and community recreational facilities are to be developed. For the town sector zone, a development program stating the sequence of the following in relation to the development of the residential and commercial areas specified in subsection 59-D-1.3(f), below:

      (1)   Dedication of land to public use.

      (2)   Development of the arterial road system.

      (3)   Development of pedestrian and bicycle circulation systems.

      (4)   Development of community facilities and open space.

      (5)   Development of regional stormwater management facilities.

   (e)   The relationship, if any of the development program to the county's capital improvements program.

   (f)   For the town sector zone, a land use plan showing:

      (1)   The residential areas, specifying the maximum population and type of units proposed for each designated residential area.

      (2)   The retail commercial areas included within each residential area, if any.

      (3)   The locations and extent of the principal proposed nonresidential uses, including the town center, recreational and other community facilities, public uses and the industrial or other major employment areas. (For land intended for common or quasi-public use but not proposed for public ownership, agreements or other documents must be included that indicate the manner in which it will be held, owned and maintained in perpetuity.)

      (4)   All streets of arterial standards or greater.

      (5)   A detailed land use plan, within the requirements of subsection 59-D-1.3(c) above, that is part of a town sector zone development plan or development plan amendment that is pending on February 12, 1985, or that was approved between September 15, 1977, and February 12, 1985, shall be deemed to be a supplementary plan within the provisions of this subsection 59-D-1.3(f); and any subsequent amendments shall comply with the requirements of this subsection. Any amendment to a town sector zone development plan submitted after February 12, 1985, shall comply with the requirements of this subsection 59-D-1.3(f).

   (g)   For the town sector zone, a supplementary plan accompanying the land use plan specified in subsection 59-D-1.3(f) showing:

      (1)   The general locations of points of access to the site.

      (2)   The general locations of all residential buildings by dwelling unit type, including moderately priced dwelling units that are the responsibility of the applicant in accordance with the requirements of chapter 25A, and the general location of parking areas.

      (3)   The general locations of all nonresidential buildings by use, size and structure type and the general locations of parking areas.

      (4)   The general locations of all community facilities and open spaces.

      (5)   The general location of on-site stormwater management facilities and/or the relationship of the site to regional stormwater management facilities, if any. (The drainage area shall be indicated.)

      (6)   The proposed development sequence of residential areas, including moderately priced dwelling units, and nonresidential uses.

      (7)   The preliminary forest conservation plan prepared in accordance with Chapter 22A.

   This supplementary plan shall encompass, at a minimum, the same land area as the land use plan prescribed in subsection 59-D-1.3(f), above; it shall be consistent with that plan. For an amendment to a previously approved development plan, the supplementary plan shall also include sufficient information on neighboring area(s) to demonstrate the relationship of the proposed amendment to the overall land use plan as previously approved, including portion(s) that are not proposed for amendment. This plan shall be approved by the Planning Board in the course of its recommendation on either a development plan accompanying a zoning application or a development plan amendment. It shall be forwarded to the District Council for its information and assistance in approving a town sector land use plan as prescribed in subsection 59-D-1.3(f), above, and making the findings required by section 59-D-1.6, below. This supplementary plan may be revised in the process of subdivision review and approval, as prescribed by chapter 50, or site plan review and approval, as prescribed by division 59-D-3, subject to the following requirements:

      (1)   The revisions must be consistent with the approved land use plan prescribed in subsection 59-D-1.3(f);

      (2)   The revisions must be in accord with the purposes of the zone, as stated in section 59-C-7.21, particularly the intent to maintain self-sufficiency, diversity of dwelling types, and an urban density coupled with large open areas; and

      (3)   An updated supplementary plan, incorporating all revisions, must be submitted whenever a revision is proposed or approved within this process.

   (h)   In the zones indicated by "X" below, the following shall also be shown:

 

	P-D	"Mixed Use PD"	Town sector	P-N	R-MH	TS-R	TS-M
(1) The maximum population proposed for each residential area.		X	X	X
(2) A diagram showing the general build and height of the principal buildings and their relationship to each other and to adjacent areas.		X				X	X
(3) The gross floor area of buildings, by type of use, and the FAR.		X				X	X
(4) The location of each single-wide and double-wide mobile home.					X
(5) An economic analysis supporting the inclusion of any proposed local commercial facilities as permitted in accordance with sections 59-C-7.132(a) and 59-C-7.33(c)(1).	X			X
(6) The density category applied for, as required in subsection 59-C-7.14(a).	X

 

   (i)   If a property proposed for development lies within a special protection area, the applicant must submit water quality inventories and plans and secure required approvals in accordance with Article V of Chapter 19. The development plan should demonstrate how any water quality protection facilities proposed in the preliminary water quality plan can be accommodated on the property as part of the project.

(Legislative History: Ord. No. 10-18, § 2; Ord. No. 10-45, § 3; Ord. No. 10-53, § 20; Ord. No. 11-7, § 2; Ord. No. 11-62, § 7; Ord. No. 12-1, § 1; Ord. No. 12-15, § 1; Ord. No. 12-69, § 3; Ord. No. 12-84, § 3.)

Sec. 59-D-1.4. Review and recommendation by planning board.

The planning board shall consider whether the application and the accompanying development plan fulfill the purposes and requirements of the applicable zone, and shall recommend approval, approval with recommended modifications or disapproval thereof, particularly considering, in regard to the development plan, those matters which the district council must consider in acting upon the application as set forth in section 59-D-1.6.

(Legislative History: Ord. No. 9-5, § 4; Ord. No. 10-45, § 3.)

   Editor’s note—Section 59-D-1.4 is quoted in Manian v. County Council for Montgomery County, 171 Md. App. 38, 908 A.2d 665 (2006). 

Sec. 59-D-1.5. Review and recommendation by hearing examiner.

In addition to the requirements of division 59-H-5 the hearing examiner shall consider the development plan as a part of the application for purposes of conducting the required public hearing and preparing the report and recommendation to the district council.

(Legislative History: Ord. No. 10-45, § 3.)

   Editor’s note—Sections 59-D-1.5 is cited in Manian v. County Council for Montgomery County, 171 Md. App. 38, 908 A.2d 665 (2006). 

Sec. 59-D-1.6. Approval by District Council.