Revisions to Garrett County Land Development Ordinances

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Revisions to Garrett CountyLand Development
Ordinances

• Public Meeting October 14, 2009

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Purpose of Tonights Meeting

• Present and explain the draft ordinance revisions
• Answer questions
• Allow the Planning Commission to hear from the
  public
• Prior to the Planning Commission finalizing its
  recommended package and holding a formal public
  hearing.

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What is in the Code Revision Package?

• Revisions to three key County ordinances
• Garrett County Subdivision Ordinance
• Garrett County Sensitive Areas Ordinance
• Deep Creek Watershed Zoning Ordinance
• Revisions to the maps that accompany these
  ordinances
• Land Classification map the reference map for
  the Subdivision Ordinance
• Sensitive Areas map
• Deep Creek Watershed zoning map
• Does not affect incorporated towns

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Organization
Garrett County County Commissioners Planning
Commission Department of Planning and Land
Development ERM
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Why are changes being proposed?

• Implement the 2008 Comprehensive Plan
• New County and State policies
• Responses to changes in market, landscape,
  environmental conditions and regulations, and
  development practices
• Clean up, clarifications, and corrections
• First major updates since 1997

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Major policies addressed in the revisions

• Better protection for
• Agricultural and forest land
• cluster provisions
• Scenic views and landscapes
• Better reflect future public sewer area around
  Deep Creek Lake
• Replace the LR and RD districts with LR1, LR2, AR
  and RR districts
• Recognize areas around Deep Creek Lake that will
  remain in agriculture and forest for the
  foreseeable future
• Standards for new commercial buildings, primarily
  in McHenry and Thayerville
• Requirements for traffic impact studies and road
  improvements
• Protect water quality in water supply wells
• Wind energy devices

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Where did these new policies come from?

• 2008 Comprehensive Plan
• 2004 Deep Creek Lake Watershed Study

Very extensive amount of public input
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Better protection for agricultural and forest land
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The Cove Overlook
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US 219 Silver Knob
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US 50 Red House
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Pleasant Valley
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Situation when Comprehensive Plan Process Began
(2006)
1995 Comprehensive Plan Map

• State directives
• Concentrate development in suitable areas
• Protect and conserve resources
• Consider agricultural and forest land as
  sensitive areas
• State Land Use Visions 2000, HB 1141 2006

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1,799 new units in rural area 1990 to 2005
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Subdivision
1,010 new lots created on 9,147 acres, 1997 to
2006
Average lot size 9.1 acres
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Subdivision Examples
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Valley View, 1998 Major Subdivision Off of
Garrett Highway AR, 15 lots 131 acres
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Mount Nebo Estates, 2002 Major Subdivision Off
of Hare Hollow Road AR, 9 lots 107 acres
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White Plains 2004 Exempt Subdivision Off of
Garrett Hwy AR 5 lots - 185 acres
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Mill Creek, 2005 Major Subdivision Off of
Charley Bowser Road AR, 20 lots 88 acres
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Sunnyside Estates, 2005 Major Subdivision Off
of Sunnyside Road AR, 8 lots 29 acres
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John Hermann, Jr., 2004 Minor Subdivision Off
of Dixon Road AR, 3 lots 83 acres Minor subs
twice the acreage of majors
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What could happen The Cove Overlook
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(No Transcript)
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Hypothetical Major Subdivision - Standard Lot
Layout Off of Cove Road AR, 20 lots 150 acres
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Approach in Comprehensive Plan and proposed
ordinances

• Refined mapping to better reflect agricultural
  and forest resources.
• Allow rural development at current density but
  cluster it to retain resource land
• No change in R area regulations
• Retain extensive amount development capacity

Development capacity in R and Deep Creek Lake
Areas /- 80 years (Comp Plan p 3-16, 4-13)
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Hypothetical Major Subdivision Clustered Lot
Layout Off of Cove Road AR, 20 lots 30 acres
(120 Acres Remain in Agriculture)
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Loss of scenic views. New building not in keeping
with the character of the community
Where did these new policies come from?
2004 Deep Creek Lake Watershed Study
Compatibility of new structures with existing
character.
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• Road improvements protect the safety of
  motorists and pedestrians

Consider scenic views in subdivision design.

• 45 people at Saturday meeting August 7, 2004
• 371 people completed a questionnaire
• Many thoughtful written comments

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New State Visions (2009)
1. Quality of Life and Sustainability A high
quality of life is achieved through universal
stewardship of the land, water and air, resulting
in sustainable communities and protection of the
environment 10. Resource Conservation
Waterways, forests, agricultural areas, open
space, natural systems, and scenic areas are
conserved.
State considers Garrett Countys regulations as
among least protective in the State
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Philosophical Approach to the Regulations

• Respect property rights
• Balance property rights with legitimate community
  interests - recognizing the fine line
• Increase overall property values by maintaining
  and enhancing this beautiful county
• No loss in residential development density
• Exemptions for small, minor development
• Keep the regulations as simple and easy to
  administer as possible
• Minimize decision-making that requires judgment
  calls (discretion)

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Notes about understanding the draft changes

• All information and maps are on
  www.garrettcounty.org
• Section numbering follows the new County Code
• Zoning is Chapter 157 (replaces the blue covered
  book)
• Discrepancies have been cleared up
• Documents contain explanatory notes.

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Major proposed revisions

• Deep Creek Watershed Zoning Ordinance
• New AR and RR zoning districts
• New Scenic Protection Overlay District
• Guidelines for commercial buildings
• Expansion of certain nonconforming buildings
• Wind energy devices

• Subdivision Ordinance
• Revised subdivision requirements for AR and RR
  Land Classifications
• Guidelines for subdivisions adjacent to Scenic
  Byways
• Road improvements and access

• Sensitive Areas Ordinance
• Protect Source Water Protection Areas

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Revisions to subdivision requirements for AR and
RR Areas
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Agricultural Resource and Rural Resource Areas

• The Subdivision Ordinance
• Currently covers the entire County
• AR and RR are land classifications.
• Currently require minimum lot size of 3 acres.
• Subdivision Ordinance does not regulate land use.

• The Zoning Ordinance
• Covers the Deep Creek Watershed
• AR and RR are proposed zoning districts.
• Same requirements as the AR and RR land
  classifications.
• Zoning regulates land use.
• Permitted uses similar to the Lake Residential
  (LR) zoning district.

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AR and RR Land Classifications and Zoning
Districts
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Basic standards for AR and RR subdivision

• Most new subdivisions would have subdivision lots
  plus a resource parcel.
• The resource parcel must contain at least 66
  percent of the original parcel acreage.
• Maximum density
• One dwelling unit per 3 acres
• Plus one dwelling unit on the resource parcel.
• Minimum lot size
• No minimum in the Subdivision Ordinance.
• 30,000 square feet in the Zoning Ordinance
• Will be determined primarily by Health Department
  requirements.

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Resource parcels

• At least 66 percent of the original parcel.
• Contiguous areas of forests and farmland.
• Would include environmental features less suited
  for development (wetlands, steep slopes,
  floodplains).

• Could be large home sites, forests, farms, or
  open space for the subdivision.
• Identified on the subdivision plat.

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Cluster versus conventional lot layout
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Exemptions from Resource Parcel Requirement

• No resource parcel is required for
• Subdivision of a parcel of 15 acres or less.
• Subdivision that creates no more than three new
  lots, each 3 acres or smaller.
• Subdivision that creates lots of 50 acres or
  larger.
• Subdivision that creates lots of 25 acres or
  larger for transfer to members of the immediate
  family.

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Design standards

• Design standards do not apply if the resource
  parcel contains at least 80 percent of the
  original parcel area.
• If the resource parcel is between 66 and 80
  percent of the original parcel, subdivision will
  be reviewed based on design standards
• Protecting contiguous areas of forests and
  farmland
• Minimizing clearing and grading
• Minimizing disturbance of areas with
  environmental constraints
• Preserving views of rural landscapes from public
  roads

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Scenic Protection Overlay District
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Comprehensive Plan Recommended Actions

• Establish Scenic Protection Areas
• Create overlay zone to protect views of and from
  Deep Creek Lake.
• Regulate how buildings are sited and trees are
  cleared on 15-30 percent slopes.
• Slopes greater than 30 already have development
  restrictions under the Sensitive Areas Ordinance.

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Scenic Protection Overlay District

• Includes hillsides visible from Deep Creek Lake
  and its shoreline.
• Divided into two sub-areas
• Crestlines Areas in which a structure could be
  silhouetted against the skyline.
• Slope Protection Areas Slopes below the
  crestline.

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Exemption

• If a property owner demonstrates that a property
  is not visible from the lake or shoreline, it is
  exempt from the requirements of the Scenic
  Protection Overlay District.

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Scenic Protection Overlay requirements

• Help to protect views of forested hillsides from
  the lake and shore.
• Allow new subdivision.
• Allow construction of homes on existing lots.
• Add design guidelines and tree planting standards
  for new dwellings
• Do not apply to sheds and other accessory
  structures.

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Overlay district standards address three goals

• Avoid buildings silhouetted against the skyline.
• Design new dwellings to fit with the natural
  topography.
• Use trees to buffer views of new buildings from
  the lake.

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Use trees to buffer views of new buildings

• Retain mature trees during construction.
• Provide trees between new houses and the lake.
• Protect existing trees
• Plant new trees.
• Trees at maturity should buffer views of the
  house from the lake or shoreline.

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Provide at least one large canopy tree or two
small/medium canopy trees

• In the Crestline sub-area, for each 15 linear
  feet of building façade facing the lake.
• In the Slope Protection sub-area, for each 30
  linear feet of building façade facing the lake.

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Alternative method of compliance

• Rather than provide the required number of trees,
  demonstrate that trees will provide a summer tree
  screen no less than
• 80 for structures in the Crestline sub-area and
  
• 60 in the Slope Protection Area sub-area.

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Subdivisions Adjacent to Scenic Byways
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Scenic Byways

• Garrett County has seven scenic byways designated
  by the State of Maryland,
• Includes I-68, MD 495, MD 135, and MD 38.
• Also includes routes that incorporate County
  roads
• Portions of Rock Lodge Road
• Oakland to Bittinger, via Herrington Manor Road,
  Swallow Falls Road, Mayhew Inn Road, US 219,
  Glendale Road, and Rock Lodge Road
• Grantsville to Bloomington, via New Germany Road,
  Big Run Road, and Savage River Road
•  

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Guidelines for subdivision adjacent to a scenic
byway

• Locate subdivision lots
• Near treelines or forests,
• Behind topographic features
• Clustered near other structures
• Away from the crest of hills
• Maintain trees along the roadway.
• Identify and preserve scenic views of mountains,
  vistas or Deep Creek Lake.
• Provide access from a non-scenic road if
  reasonably available.

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Road Safety and Improvements

• Require a traffic impact analysis for
  subdivisions of 50 or more lots.
• Authorize County to require sidewalks in portions
  of the Deep Creek Watershed.

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Other Topics

• Source Water Protection Areas
• Wind energy devices
• Design of commercial buildings
• Nonconforming structures

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Source Water Protection Areas

• Source Water Protection Areas provide water
  recharge for public drinking water systems.
• Areas were identified in the 2007 Garrett County
  Source Water Protection Plan.
• Sensitive Areas Ordinance would restrict storage
  of hazardous substances within these areas.

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Wind Energy Devices

• Wind Energy Devices are not mentioned in the land
  use ordinances.
• Proposed revisions to Deep Creek Watershed Zoning
  Ordinance

• Allow wind energy devices accessory to an
  individual dwelling or farm.
• Maximum height for wind energy devices 50 feet
  for residential, 100 feet for agricultural.
• Prohibit industrial wind energy devices.

• Land use is not regulated outside of the Deep
  Creek Watershed Zoning area.

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Design Guidelines for Commercial buildings

• Proposed design guidelines apply to new buildings
  that are
• Visible from a public road.
• In the TR, TC or GC District
• Intended for commercial use.
• Standards encourage
• High quality materials
• Sloped roofs
• Variety in architectural elements avoid long
  blank walls

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Expansion of nonconforming structure

• Currently, a structure within a required yard
  may be expanded along the same setback line.

• Proposed revision If structure is within 30
  feet of a dwelling on an adjacent lot, or within
  50 feet of a dwelling across a road, the
  expansion must comply with the setback (unless a
  variance is granted).

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Next Steps
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Information and Comments John Nelson Director,
Garrett County Planning and Land Development
Office Phone [phone] E-mail
johnn_at_garrettcounty.org Project updates on the
web at http//www.garrettcounty.org/PlanningLand/
PlanningZoning/Revisions.aspx