DEPARTMENT OF PLANNING & ZONING INTEROFFICE MEMORANDUM

TO: Board of Commissioners VIA: Julian M. Willis, County Administrator Mary Beth Cook, Director FROM: Judy Mackall, Zoning Planner Carolyn V. Sunderland, AICP, Planning Commission Administr. DATE: February 13, 2020 SUBJECT: Work Session — Analysis of the Current Residential Density Requirements

Background: As part of the Calvert County Zoning Ordinance Update staff is seeking to address concerns with the current density criteria. Staff begun by performing an analysis of residential density requirements as set forth in the current zoning ordinance, then identified the issues that result when applying the current density criteria, and have provided recommendations to address these issues.

Discussion: The analysis is composed of four separate sections: 1) Attachment A, An Analysis of the Current Residential Density Requirements, Issues and Recommendations, 2) Attachment B, Understanding How Density is Determined, 3) Attachment C, Chart - A Summary of the Current Density Options by Primary Zoning , and 4) Attachment D, Zoning Definitions. Attachment A will be presented by staff for discussion and consideration, while Attachments B-D have been provided for reference.

Attachment A, identifies nine significant issues affecting property owners resulting from the application of the current density criteria and formulas. Recommendations are also provided to consider how density computations may be changed to provide for more simpler and effective application during the zoning ordinance update.

Attachment B, describes the differences between Primary Zoning and Overlay Districts, the types of residential density options available to property owners within each district, and the formulas required to determine the number of lots permitted by each density option.

Attachment C, is a "quick reference" chart that summarizes all of the density options and their formulas by zoning district.

Attachment D, provides a list of zoning definitions based primarily on the current zoning ordinance for reference.

Fiscal Impact: None

Conclusion/Recommendation: Staff recommends the Calvert County Board of County Commissioners review and discuss the density analysis and provide guidance for revisions to current residential density criteria for inclusion into the current zoning ordinance update.

Attachments: Attachments A — For Discussion Attachments B - D — For Information Only Presentation Slides ATTACHMENT A

Analysis of the Current Residential Density Requirements, Issues and Recommendations

Issue #1 - Inconsistent Application of Density Criteria - Gross Tract vs. Net Tract Area: In the FFD, RCD, RD and Critical Area/Resource Conservation Area (RCA), density is calculated on the net tract area. In the TC, Critical Area/Intense Development Area (IDA), and Limited Development Areas (LDA & LDA-3), density is calculated by the site's gross tract area. • Determining net tract area, requires knowing the wetland acreage present on-site. Often, applicants must hire a professional to conduct a wetland delineation and report before the net tract area can be accurately calculated. • While the Calvert County Zoning Ordinance (CCZO) requires wetlands be deducted from the gross tract area prior to calculating density, it does not require the deduction of other sensitive environmental features, (e.g. 100-year floodplain, steep slopes, streams, etc.), which are also designated as "non-disturbance" areas by the ordinance.

Recommendation: Use Gross Tract Area to Calculate Density in All Primary Zoning Districts This change would provide consistency in the application of all density formulas and allow staff, developers and the public to more easily and accurately determine permitted densities. This change would not apply to Overlay Districts such as the Critical Area, Resource Conservation Area (RCA), where using net tract area is state mandated.

Issue #2 - Calculating Conventional Density With Exception Lots Is Too Complicated: Prior to calculating Conventional Density, the applicant's Land Surveyor must submit a "title history" for the subject property. The purpose of the title history is to document: 1) if the property was a parcel of record (or "parent tract") on or before the adoption date of the first zoning ordinance and/or regulations; 2) if the parcel qualifies as a parent tract, for use of certain lot exceptions; 3) whether any lot exceptions have previously been used to create lots or parcels; and 4) what entitlements remain that may be incorporated into the current density formula. The original intent of lot exceptions was to provide property owners the ability to create up to five lots below the minimum lot area requirement. In doing so, it saved the property owner acreage, which could ultimately increase lot yield.

In most cases, the title histories must go back over 50 years. Depending upon the size of the parent tract and the number of previous out-conveyances, the title history can be extensive, complicated and therefore, costly for the property owner. Furthermore, the original conventional density formula (outside of the centers) have been modified twice since its adoption, (first in 1999, then in 2003), resulting in 75% density reduction. Because of the reductions, the benefits derived from ha full set of five (5) lot exceptions, the 75% reduction factor results in an increase in density of no more than one lot; 5 (lot exceptions) ± 4 (75% reduction factor) = 1.25, rounded down to 1 additional lot.

Recommendation: Eliminate the Use of Lot Exceptions and Need for Extensive Title Histories It has been over 50 years since lot exceptions were adopted into the zoning ordinance. As such, many property owners have used some or all of their lot exceptions with previous subdivisions. Changes in the conventional density formula have marginalized the advantages of having lot exceptions. Therefore, replacing the current conventional density formula with a simpler method (i.e. using units per gross acres or a minimum lot size requirement) would: 1) decrease the need for extensive title histories, 2) reduce subdivision costs for the applicants, and 3) allow landowners to calculate their own conventional density.

Page 1 of 14 Issue #3 - Too Many Grandfather Provisions (Dates): Currently, there are many dates in the zoning ordinance that can impact density, lot type, and the time frame for obtaining final subdivision approval. All of these dates must be reviewed against the submitted title history for their impact on the proposed subdivision. The more significant dates include:

Grandfather Date Provision June 29, 1967 Residential parent tract (three 1-ac. and two 3-ac. lot exceptions) April 4, 1972 Non-residential parent tract (parcels created after this date must obtain subdivision approval to be deemed buildable) October 21, 1974 Residential parent tract (up to five 3-acre lot exceptions) April 22, 1980 Adoption of Family Conveyance (FC) under Article 7 (waiver of road frontage requirements) 1, 1986 Residential parent tract for creation of Critical Area — Intra-family Transfer lots February 23, 1988 Adoption of the Adequate Public Facilities Ordinance January 1, 1993 Adoption of cluster provision and open space requirements April 20, 1999 Adoption of the 50% reduction in conventional density November 2, 1999 Adoption of the Family Conveyance (FC) provisions under Article 5 (double the CD density for creation of FC lots) December 12, 2003 Adoption of the 75% reduction in conventional density May 1, 2006 Non-residential parent tract for creation of FC lots March 25, 2008 Land excluded from Agricultural Preservation District (APD) before this date is subject to zoning ordinance in effect at the time the APD was recorded. July 12, 2013 Amendments to the age-restricted housing requirements and criteria October 1, 2012 Amendments to definitions of major and minor subdivisions as a result of the Growth Tier Act. April 26, 2017 Revisions to FC provisions to allow more flexibility

Recommendation: Reduce and/or Sunset the Number of Grandfather Provisions Reducing the number of grandfather provisions that must be taken into account during the development review and approval process would: 1) decrease submittal requirements (i.e. title histories) and reduce costs to the applicant, 2) simplify the review process, making it easier for applicants and consultants to understand, and 3) decrease staff review time, increasing the efficiency of the process.

Issue #4 - Too Many Density Options: In addition to the various densities established for APDs and the Critical Area (IDA, LDA, LDA-3 and RCA); in the FFD, RCD and RD, there are currently a number of density options available to property owners as summarized below:

Density Option Description Zoned Density Maximum of one lot per 20 (net) acres. Lands excluded from APD parcels Uses the density calculations in effect at the (the "package deal") time the APD was created. Conventional Density The use of lot entitlements to increase density. TDR Lot Density (FFD and RCD only) Maximum of one lot per 10 (net) acres.

Page 2 of 14 Density Option Description Receiving Area (RA) Lot Density TDRs required for lots above conventional (RCD and RD only): density: Outside the one-mile radius of any town center: • RCD Maximum of one lot per four (net) acres • RD Maximum of one lot per two (net) acres Inside the one-mile radius of any town center: • RCD Maximum of one lot per one (net) acre • RD Maximum of four lots per one (net) acre Family Conveyance (FC) Double the number of permitted CD lots up to a combined maximum of seven lots (CD + FC lots)

Many of these density options, however, are rarely used because property owners generally want to achieve the highest possible lot yield from their land.

Recommendation: Reduce the Number of Density Options Only three basic density options need to be provided for residential development within the various Primary Zoning Districts: 1) Conventional Density, the density permitted "by right" without the application of TDRs; 2) Transfer Zone Density, the maximum permitted density with the application of TDRs; and 3) Family Conveyance Density, which allows additional lots above the conventional density without TDRs; if certain conditions are met. Densities specified for specific Overlay Districts (i.e. APDs and Critical Area) would remain the same.

Issue #5 - Overlapping Zoning Districts: It is not uncommon for a single tract of land to be subject to two or more zoning districts (e.g. FFD, Critical Area/RCA and APD). When this occurs, the density for each district must be calculated separately. Generally, when an Overlay District is involved, the more restrictive density applies. Even on the same parcel, density from one zoning district may not be transferred to another district. Furthermore, each zoning district may specify a different set of development requirements. Consequently, a single parcel may produce varying lot yields and ultimately distinctly different characteristics (i.e. cluster vs. non-cluster designs).

Recommendation: Consider Converting Some Overlay Districts to Primary Districts When a parcel is subject to both a Primary Zoning District and one or more Overlay Districts, staff must perform multiple density calculations in order to determine the actual permitted density. Furthermore, some Overlay Districts have different requirements than the underlying primary district. Consequently, a proposed project must be reviewed against multiple sets of zoning provisions before determining compliance.

Issue #6 - Use of the Asterisk (*) in CCZO, Section 5-2: Per CCZO, Section 5-2.01.D.2., "The Planning Commission may modify those provisions designated with an asterisk (*) to the minimum extent needed to resolve conflicts between individual provisions of the Ordinance, or to address unique site constraints."

There are a number of provisions in Section 5-2 intended to protect unique features within the County's landscape, such as forested areas, wildlife habitat, existing cropland, pastures, meadows, scenic vistas, historic resources, and rural character. These provisions, however, are also marked with an asterisk, which can potentially allow applicants to avoid meeting those requirements. For example, Section 5- 2.D.4.a. & b. require retention of historic and farm structures as part of the subdivision process. However, since the provisions have an asterisk, it is often difficult for staff to garner support to invoke the requirements, especially if compliance poses a hardship on the applicant. As a result, applicants can

Page 3 of 14 often achieve higher lot yields at the expense of preserving existing environmental, historic and cultural features.

Recommendation: Reconsider the Use of the Asterisk Preserving the natural, historic and cultural resources of Calvert County is a primary goal of the recently adopted Comprehensive Plan. These goals are expressed in 10 visions, three of which include: • Our landscape is dominated by forests and fields. • Our wetlands, streams, and forests and the Chesapeake Bay and Patuxent River support thriving plant and animal . • We are stewards of our cultural heritage.

In order to successfully meet the goals and visions of the Comprehensive Plan, the use of asterisk should be reconsidered. At a minimum, the criteria for use of the asterisk could be tightened or eliminated from certain provisions altogether. In lieu of the asterisk, incentives could be incorporated into the ordinance to encourage applicants to preserve and protect these special features during site development.

Issue #7 — The Current Zoning Ordinance Does Not Promote Land Preservation: Per CCZO, Section 5-2.01.C.1, all single-family detached subdivisions outside of Town Centers shall be clustered, except as provided in paragraph 2.c. and 3 of this Section. Cluster Subdivisions are defined by Article 12 as, 'A form of development for single-family residential dwellings that permit a reduction in the lot area requirements, provided that there is no increase in the number of permitted lots under a conventional (design) subdivision and the resultant land is devoted to open space". The zoning ordinance provides exceptions to the cluster requirements, which include: • Land within designated APDs • Land within Conservation Districts and the Critical Areas • Land zoned RD • Land located within the one-mile radius of Town Centers • Subdivisions that are to be limited to seven or less lots in perpetuity (as of May 1, 2006), and • Subdivisions where all lots are a minimum of 20 acres in size and are restricted from further subdivision.

In addition, two other provisions were introduced into the zoning ordinance to encourage property owners to perpetually limit development of their land into minor subdivisions (seven or fewer lots). The incentives included exemptions from the Adequate Public Facilities Ordinance (APFO) and from meeting public road and construction requirements. Furthermore, the adoption of the Growth Tier Map placed a significant amount of the County's land in Tier IV, which restricts residential development to minor subdivisions only.

Prior to 2003, clustering was mandatory for parcels 20 acres or greater in size. But since then, subdivision applications have increasingly moved away from cluster designs to typical large lot layouts. For example, a 200 acre farm (with no wetlands and no lot exceptions) located in FFD/Tier IV can only create a minor subdivision of seven lots. Minor subdivisions are exempt from clustering; therefore, the land owner could create seven lots, each 28.5 acres in size. However, if the land owner were required to meet the current cluster requirements, which restricts development to 20% of the gross tract area (or in this case, 20 acres), the landowner could create seven lots, each 3.0 acres in size, and preserve 180 acres in open space for continued farming.

Below is a chart that provides a breakdown of land preservation in Calvert County as of November 2019.

Page 4 of 14 Preservation Type Acreage % of Acres Preserved APD 23,972.55 58.37 State Easement 8,012.99 19.5 Parks 785.95 1.91 Open Space 8,303.6 20.22

Total acres preserved equals 41,075.09.

Recommendation: Re-Evaluate Cluster Subdivision Design as a Tool for Land Preservation Consideration should be given to reinstituting mandatory clustering for all residential development outside of APDs and town centers, as a tool to support the County's land preservation efforts and help meet the goals and visions of the newly adopted Comprehensive Plan. In addition, priority could be given to preserving the County's unique landscape (as discussed under Issue #6) as part of meeting the open space requirement and specifying that a minimum percolation of the open space is usable for public or community recreation.

Issue #8 - Application of TDRs from an APD to a Transfer Zone: In the FFD and RCD, the number of TDRs allocated for land within a designated APD is calculated at a rate of one TDR per acre. If the property owner has 1-acre lot exceptions remaining, they may be included in the TDR formula at a rate of four TDRs per 1-acre lot exception. For APDs located within the RD, TDRs area allocated at a rate of four per acre. In addition to the Allocation of TDR, the property owner of an APD may create up to three lots, in addition to a house on the residue, based upon a density of one lot/dwelling per 25 acres. Five TDRs must be deducted for lot or primary dwelling in the APD. To illustrate how the allocation and application of TDRs impacts the County's overall density, an analysis is provided below using the 200 acre farm discussed in Issue #7.

Under the CCZO, if the farm was not in an APD: The Conventional Density in the FFD (at one lot per 20 net acres) equals 10 lots; however, the maximum number of lots permitted in the Tier IV is seven (7). So, the Conventional Density = 7 lots, with no TDRs allocated or required.

Allocating TDRs and APD Density: With 200 acres, at one TDR per gross acre, a total of 200 TDRs is allocated to the APD. Five (5) TDRs required for the creation of each lot within the APD. 4 (max. lots permitted in the APD) x 5 (no. of TDRs req. per lot) = 20 TDRs 200 (TDRs allocated to the APD) — 20 (no. of TDRs req'd. for four (4) lots) = 180, the TDRs remaining that may be sold to create additional lots in a designated Transfer Zone (TZ).

Number of TDRs required to create TZ lots, based on house/unit type: 5 TDRs = one single-family detached (SFD) house on lot > 10,000 sq. ft. (FFD, RCD and RD) 3 TDRs = one SFD house on lot < 10,000 sq. ft. (in TCs with sewer only) 2 TDRs = one townhouse (in TCs with sewer only) 1 TDR = one multi-family unit, apartments (in TCs with sewer only)

Note: TCs without sewer require 5 TDR for the creation of each TZ lot (same as SFDs on lots > 10,000 sq. ft. in size.

Page 5 of 14 Total number of additional units/lots that may be created from the APD's remaining TDRs: 180 (TDRs) ÷ 5 (TDRs/SFD/large lot) = 36 (TZ) lots + 4 (APD) lots = 40 total lots 180 (TDRs) ÷ 3 (TDRs/SFD/small lot) = 60 (TZ) lots + 4 (APD) lots = 63 total lots 180 (TDRs) ± 2 (Townhouses units/lots) = 90 (TZ) lots + 4 (APD) lots = 94 total lots 180 (TDRs) ± 1 (Multi-family units) = 180 (TZ) lots + 4 (APD) lots = 184 total units

So, for the 200 acre farm, the Conventional Density equates to seven lots. The allocation of TDRs for the APD and subsequent transfer and application of those TDRs to create additional TZ lots, translates to additional density of between 40 and 184 units, depending on the zoning, lot size and house type.

Recommendation: Recalibrate the Current Allocation of TDRs to Better Align With Proposed Densities When the reductions in residential density took place in 1999 and 2003, the allocation of TDRs (at one TDR per APD acre) was not adjusted accordingly. The result has been a significant increase in the amount of density that may be transferred from land within an APD as opposed to the density that would have been permitted if the same land were not an APD, but developed instead. The situation was augmented when the number of TDRs required for residential units in the town center (with sewer) was reduced, in an effort to stimulate development. To offset this imbalance, consideration should be given increasing or recalibrating the number of TDRs required for all types of residential units/lots created outside of the town centers. For instance, TDRs could also be required for accessory apartments, tenant houses, and Airbnbs. The number of TDRs could also be increased for larger "estate" lot development in lieu of providing a cluster subdivision design.

Issue #9 - Allowance of Tenant Houses: Tenant houses are considered accessory dwellings to the primary house. Consequently, they do not count against the permitted density, except in the Critical Areas/RCA. For tenant houses, the following regulations apply;

• Up to three tenant houses may be placed on a farm provided that: ➢ There is a minimum of 25 acres for each tenant house. ➢ The owner can demonstrate the property meets the definition of a farm. ➢ The tenant house shall be at least 60 ft. from any other dwelling.

However, because tenant houses are not considered primary residential dwellings, no TDRs are required and no limit on size of the tenant house. While many of the tenant houses are originally built for family members or farm workers, once the property changes ownership, they are often converted to rental units or out-conveyed by deed without going through the subdivision process. This situation then, can effectively increase the County's overall density without the use of TDRs.

Recommendation: Consider Counting Tenant Houses Toward the Maximum Permitted Density or Require TDRs To better regulate density and growth, staff recommends the following changes should be considered: • Like accessary apartments, tenant houses should be restricted in size and subordinate to the primary dwelling.

Page 6 of 14 • At a minimum, outside of the town centers, tenant houses should count toward a parcel's permitted density. If the proposed unit exceeds the conventional density TDRs should be required prior to issuance of the building permit. Once a parcel has reached it maximum permitted density, these types of DUs would not be permitted.

Page 7 of 14 ATTACHMENT B

Understanding How Density is Determined

In Calvert County, Zoning Districts that permit residential development consist of two types, Primary Zoning Districts and Overlay Districts.

Primary Zoning Districts are established to provide appropriate locations for different types of Land Uses. The appropriate location of a particular land use is determined by environmental suitability, locations of public facilities, infrastructure and services, land productivity, and existing land uses in the vicinity. Primary Zoning Districts can be divided into two different uses, Residential and Non-Residential.

The Primary Zoning Districts Primarily Residential Primarily Non-Residential Farm and Forest District (FFD) Rural Commercial District (RC) Residential Community District (RCD) Marine Commercial District (MC) Residential District (RD) Employment Center District (EC) Light Industrial (I-1) Town Center District (TC)1 1 Residential densities within each TC District are governed by separately adopted Town Center Master Plans and Zoning Ordinances. As such, the TC densities will not be addressed in this text.

The Calvert County Zoning Ordinance (CCZO) defines an Overlay District as, "A special district created for the purpose of imposing special regulations on designated areas of the County." Land uses within the Overlay Districts may be residential and/or non-residential, subject to CCZO, Article 3 (Land Uses by Zoning District). When a proposed residential development is subject to both a Primary District and Overlay District, the more restrictive requirements generally apply.

The Overlay Districts Historic District (APD) Agricultural Preservation District (APD)2 Critical Area (CA)3

All Primary and Overlay Zoning Districts, except the Wetlands District (WL), allow for residential development of at least one single-family detached dwelling per buildable lot or parcel.

In the I-1, RC, MC and EC Districts, only one single-family (detached) dwelling is permitted per buildable lot or parcel of record as of May 1, 2006, except: • Additional Family Conveyance (FC) lots are permitted in the I-1 and EC Districts, subject to the provisions of Article 5. • Based on the Family Conveyance provisions (see below), within the I-1 and EC Districts, up to four lots (one conventional density and three FC lots), may be created if the lots meet the minimum area requirements.

Except for the APD, the remaining residential Zoning Districts provide various density options for property owners. Density within a designated APD is set by the adopted Calvert County Agricultural Rules and Regulations, which is a separate ordinance. Densities within the Critical Area Overlay District are set by state law and consequently will not be addressed in this text.

Page 8 of 14 Density: Density is defined in the CCZO as, "The number of dwelling units (excluding accessory apartments) per unit of land."

In addition, there are two types of density options within the CCZ: those options that do not require the application of Transfer Development Rights (TDRs) to create dwelling units (DUs/lots) and those options that do require the application of TDRs to increase the density.

Density options that do not require TDRs are generally known as "by right", "base" or "conventional" density. The following are density options considered to be conventional density: • Zoned Density • Conventional Lot Density • Family Conveyance Lot Density

Density options that allow for the number of DUs/lots to exceed the permitted base density options are only available within zoning districts designated as a "Receiving Area" (RA) or "Transfer Zone" (TZ). The CCZO defines a Transfer Zone as, "An area in Calvert County where Transfer Development Rights (TDRs) may be used to increase residential density." The zoning districts currently designated as TZs include FFD, RCD, RD and TC.

The TZ density options include: • TDR Lot Density • Receiving Area (RA) Lot Density: • Outside of the one-mile radius of Town Centers • Within the one-mile radius of Town Centers

A total of five TDRs that must be applied for each DU/lot created above the conventional density.

Determining Density: It should be noted that the number of residential lots permitted within each zoning district and by each of the various density options, is based upon a mathematical formula. The actual lot yield on any given property may be less than the result of the mathematical formula, based upon a number of factors such as parcel size and configuration, on- site topographical and environmental features, impact of soils on percolation tests, and other regulatory requirements.

In the FFD, RCD, RD and CA/RCA, all density is calculated from the net tract area. The net tract area is determined by the gross (total) tract area minus any on-site wetland acreage.

Calculating Base Density Options: Zoned Density: Within the FFD, RCD and CA/RCA, the zoned density is based upon one lot per 20 net acres. With the exception of APD Density, Zoned Density produces the lowest yield of all zoning options. Within the APD the density is generally based upon one lot per 25 acres.

Exception Lots/Conventional Density: Parcels located within the FFD and RCD may be entitled to create lots below the minimum area requirements depending on the date they were first created. These lots are called "exception lots" or "lot size exceptions." Under the current zoning ordinance a maximum of five lot size exceptions can be created based upon the following timeframes and criteria:

Page 9 of 14 • For parcels of records as of June 29, 1967 (the adoption date of the first zoning ordinance), three of the five exception lots may be no less than 1 acre in size and two of the five exception lots may be no less than 3 acres in size. The remaining lots must be based upon a 5-acre lot size.

• For parcels recorded between June 29, 1967 and October 21, 1974, all five exception lots must be no less than 3-acres in size. The remaining lots must be based upon a 5-acre lot size.

• Parcels recorded after October 21, 1974, carry no exception lots; all lots must be based upon a 5-acre lot size.

Unused lot size exceptions are included in the calculations to determine the conventional density. Including lot size exceptions into the formula can sometimes increase density, generally by one additional CD lot.

Essentially, the same formula has been used to calculate conventional density since the adoption of the first zoning ordinance and the establishment of exception lots. However, during the 1990's, the county's growth was outpacing the government's ability to provide adequate facilities for the public. Consequently, on April 20, 1999, the Board of County Commissioners (BOCC) amended the CCZO, to reduce the conventional density in all residential zoning districts by 50%. On December 12, 2003, the BOCC amended the CCZO again, to reduce the conventional density by an additional 25%. These changes to the conventional density were addressed by adding a density reduction factor at the end of the original formula. Under the current ordinance, it is known as the "divide by 4" density reduction factor.

Therefore, in the FFD and RCD, the Exception Lots/Conventional Density is calculated using the following formula.

Gross tract acreage — Any onsite wetlands acreage = Net tract acreage,

Net tract acreage — Number of acres required to create each remaining lot size exception = Remaining net tract acreage + 5 (5-acre lot/density factor) = Number of 5 ac. lots, rounded down to the nearest whole number,

Number of remaining lot size exceptions + Number of 5-acre lots = Total number of lot increments,

Total number of lot increments + 4 (reduction in density factor) = Number of permitted CD Lot, rounded to the nearest whole number.

We call the result of this calculation "lot increments" because we must first divide that number by a "reduction in density factor" before determining the actual CD density. Under the current zoning ordinance, the reduction in density factor is 75% (or a division by 4) for all residential development outside of the town centers.

Family Conveyance (FC) Lot Density: In the I-1, EC, FFD, RCD, and RD zoning districts, the number of lots derived from the Exception Lot/Conventional Density formula may be doubled for family conveyance purposes, up to a combined total of seven (7) lots. FC lots are created without the application of TDRs, unless, they are sold to someone other than another eligible family member within seven years of the initial conveyance.

Calculating Transfer Zone Density Options (Outside of the Town Centers):

TDR Lot Density: As noted above, the FFD and RCD zoning districts are currently designated Transfer Zones. Therefore, additional lots (above the base density options) may be created with the application of TDRs, up to a maximum of one lot per 10 net acres. Five (5) TDRs are required for each lot created above the Conventional Density. The TDR Lot Density is calculated as follows:

Page 10 of 14 Net tract acreage ± 10 (TDR Lot density factor) = Maximum number of lots permitted by TDR Lot density, rounded down to the nearest whole number,

Maximum number of lots permitted by TDR Lot density (above) — Number of permitted CD Lots = Number of TDR Lots (that require TDRs),

Number of TDR Lots X 5 (Number of TDRs required per lot) = Total number of TDRs required.

Receiving Area (RA) Lot Density: The RCD and RD zoning districts, also receiving areas for TDRs, allow for increased density above the base density options. In both districts, there are two different RA Lot Density thresholds depending on the relative location of a property to the nearest town center: • Outside of the one-mile radius of a Town Centers • Within the one-mile radius of Town Centers

The maximum permitted RA Lot Density for RCD outside of the one-mile radius of a Town Center is one unit per four (4) net acres, which may be determined by the following formula:

Net tract acreage ± 4 (RA/RCD, outside one-mile radius density factor) = Maximum number of lots permitted by RA Lot density in the RCD, outside of the one-mile radius of a Town Center, rounded down to the nearest whole number,

Maximum number of lots permitted by RA/RCD density (above) — Number of permitted CD Lots = Number of RA Lots (that require TDRs),

Number of RA Lots X 5 (Number of TDRs required per lot) = Total number of TDRs required.

The maximum permitted RA Lot Density for RCD within of the one-mile radius of a Town Center is one (1) unit per net acre, which may be deteiniined by the following folinula:

Net tract acreage, rounded down to the nearest whole number = Maximum number of lots permitted by RA Lot density in the RCD, within of the one-mile radius of a Town Center, rounded down to the nearest whole number,

Maximum number of lots permitted by RA/RCD density (above) — Number of permitted CD Lots = Number of RA Lots (that require TDRs),

Number of RA Lots X 5 (Number of TDRs required per lot) = Total number of TDRs required.

The maximum permitted RA Lot Density for RD, outside of the one-mile radius of a Town Center, is one unit per two (2) net acres, which may be determined by the following formula:

Net tract acreage ± 2 (RA/RD, outside of the one-mile radius density factor) = Maximum number of lots permitted by RA Lot Density in the RD, outside of the one-mile radius of a Town Center, rounded down to the nearest whole number,

Maximum number of lots permitted by RA/RD density (above) — Number of permitted CD Lots = Number of RA Lots (that require TDRs),

Number of RA Lots X 5 (Number of TDRs required per lot) = Total number of TDRs required.

Page 11 of 14 The maximum permitted RA Lot Density for RD, within the one-mile radius of a Town Center, is four (4) units per net acre, which may be determined by the following formula:

Net tract acreage X 4 (RA/RC, within the one-mile radius density factor) = Maximum number of lots permitted by RA Lot density in the RCD, within the one-mile radius of a Town Center, rounded down to the nearest whole number,

Maximum number of lots permitted by RA/RCD density (above) — Number of permitted CD Lots = Number of RA Lots (that require TDRs),

Number of RA Lots X 5 (Number of TDRs required per lot) = Total number of TDRs required.

Page 12 of 14 ATTACHEMENT C

Chart — A Summary of the Current Residential Density Options by Primary Zoning District* Receiving Area (RA) Lot Family Zoning Zoned Conventional TDR Lot Density Conveyance (FC) Districts Density Density (CD) Density (Maximum Density Permitted Density)

FFD 1 DU per 20 Apply 2 X CD = No. of 1 DU per N/A net ac. CD permitted FC lots, 10 net ac. Foiiiiula CD lots + FC lots — CD lots — cannot exceed TDR lots 7 lots. RCD 1 DU per 20 Apply 2 X CD = No. of 1 DU per Net ac. ± 4, round (outside the net ac. CD permitted FC lots, 10 net ac. down to the one-mile Formula CD lots + FC lots — CD lots — nearest whole radius of a cannot exceed TDR lots number = TC) 7 lots. RA Density — CD lots = RA Lots that req. TDRs. RCD 1 DU per 20 Apply 2 X CD = No. of 1 DU per Net ac., round (within the net ac. CD permitted FC lots, 10 net ac. down to the one-mile Foiiiiula CD lots + FC lots — CD lots = nearest whole radius of a cannot exceed TDR lots number = TC) 7 lots. RA Density — CD lots = RA Lots that req. TDRs. RD (outside Net ac. ±. 4, Same 2 X CD = No. of N/A Net ac. ÷ 2, round the one-mile round down as permitted FC lots, to the nearest radius of a to the nearest Zoned CD lots + FC lots whole number = TC) whole Density cannot exceed RA Density — CD number. 7 lots. lots = RA Lots that req. TDRs. RD Net ac. ± 4, Same 2 X CD = No. of N/A Net ac. X 4, round (within the round down as permitted FC lots, to the nearest one-mile to the nearest Zoned CD lots + FC lots whole number = radius of a whole Density cannot exceed RA Density — CD TC) number. 7 lots. lots = RA Lots that req. TDRs. *Footnotes: Excludes I-1, MC, RC Districts, which are primarily non-residential in use (see permitted density above). Densities in the HD Overlay are set by the underlying zoning district. In the CA Overlay District, if the county density is more restrictive, then it supersedes the permitted CA density.

Page 13 of 14 ATTACHMENT D

Zoning Definitions

Accessory Apartment = A second dwelling unit either within or added to a single-family detached dwelling, or in separate accessory structure on the same lot as the principal dwelling that functions as a complete, independent living facility with provisions for cooking, eating sanitation, and sleeping.

APAB = Calvert County Agricultural Preservation Advisory Board.

CCZO = Calvert County Zoning Ordinance.

Clustering -A form of subdivision design for single-family development that permits a reduction in the minimum lot size requirements to achieve the maximum number of permitted lots. The remaining land is devoted to open space.

Conventional Density (CD) or Base Density = The number of lots or dwelling units (DUs) permitted without the application of Transfer Development Rights (TDRs).

Density = The number of lots or dwelling units permitted by the applicable zoning ordinance.

District Overlays = Agricultural Preservation Districts (APD), Transfer Zones (TZ), Critical Area (CA), and Historic Districts (HD).

Family Conveyance (FC) Lots, Article 5 = Allows doubling the CD from a parcel of record created on or before November 2, 1999, up to a total of seven (three CD + four FC) lots created for eligible family members. Family Conveyance lots do not require the application of TDRs, unless they are out-conveyed to a non-family member within seven years from the date of initial transfer.

Family Conveyance (FC) Lots, Article 7 = Allows for the creation of up to three FC lots, in addition to an existing house on the residue from a parcel of record created on or before April 22, 1980, without meeting the road frontage requirements; may be accessed from an ingress/egress easement only.

Major Subdivision = The creation of eight or more residential lots as of October 1, 2012; a subdivision for non-residential development purposes; the creation of a public right-of-way.

Minor Subdivision = the creation of seven or less residential lots as of October 1, 2012.

Net Tract Area = gross tract area minus wetland acreage present on-site.

Primary Zoning Districts = Farm and Forest District (FFD), Rural Community District (RCD), Residential District (RD), Wetlands District (WL), Light Industrial (I-1), Rural Commercial (RC), Marine Commercial (MC), Employment Center (EC) and Town Center (TC).

Tenant House = A farm dwelling other than the main farm house for occupancy by a person or family associated with the farm operation.

Transfer Density = The number of lots or DUs permitted above the CD with the application of TDRs (also referred to as the Maximum Permitted Density).

Page 14 of 14 Calvert County Board of County Commissioners March 3, 2020 Work Session

Analysis of the Current Residential Density Requirements

Purpose

• As part of the Calvert County Zoning Ordinance (CCZO) Update staff would like to simplify the density calculations and have prepared the following: i.) An analysis of the current residential density requirements 2.) Identified issues associated with applying the density criteria 3.) Recommendations to address the issues • The information is being presented for consideration, discussion and guidance for inclusion in the zoning ordinance update.

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1 Issue #1: Inconsistent Application of Density Criteria • In some zoning districts, density is calculated on net tract area. In other districts, density is calculated on gross tract area. • Net tract area = gross tract area minus wetland acreage present on-site. • Determining net tract area often requires the applicant to pay for a Wetland Delineation and Report. Recommendation: Use gross tract area to calculate density in all primary zoning districts. This change will provide better consistency simplify the density formulas and reduce in the LVE COUNTYC A application of density formulas and reduce costs. 3

Issue #2: Calculating Conventional Density with Exception Lots Before determining density, applicant must pay to obtain a title history to: • Document if the property is eligible to use lot exceptions, • If so, what type of lots exceptions, • Which lot exceptions have been used, and • Which lot exceptions remain that may be incorporated into the current density formula. Recommendation: Eliminate the use of lot exceptions and need for extensive title histories. This would reduce

CALVERT subdivision costs and allow landowners to calculate their COUNTY own conventional density. 4

2 Issue #3: Too Many Grandfather Provisions (Dates) • Currently, there are many dates in the CCZO that can impact density, lot type, and the time frame for obtaining final subdivision approval. • All dates must be reviewed against the title history for their impact on the proposed subdivision application. Recommendation: Reduce the number of grandfather provisions, which would 1) decrease submittal requirements 2) reduce costs to the applicant, 3) simply the review process, and 4) cut review time for subdivision submittals. CALVERT i COUNTY 5

Issue #4: Too Many Density Options • There are a hierarchy of different density options available for each primary zoning district. • Many of these density options are rarely used because landowners generally want to achieve maximum lot yield. Recommendation: Only three (3) basic density options need to be provided for primary zoning districts: • Conventional Density • Transfer Zone Density • Family Conveyance Density CALVERT CpUNTY 6

3 Issue #5: Overlapping Zoning Districts • It is not uncommon for a single parcel to be subject to two or more zoning districts. • This requires a separate density calculation for each zoning district. • Different zoning districts often result in different lot yields on the same parcel. Recommendation: Overlay districts should supersede primary districts and take precedence for determining density. This will simplify and reduce the subdivision review and approval CALVERT COUNTY process. 7

Issue #6: Use of Asterisk (*) in CCZO, Section 5-2 • Per CCZO, Section 5-2.o1.D.2., the Planning Commission may modify provisions designated with an asterisk. • In many cases it is difficult for staff to garner support to invoke these requirements, especially if compliance poses a hardship. • As a result, applicants can often increase density at the expense of not preserving existing environmental, historic and cultural features. Recommendation: Discontinue use of the asterisk. Preserving the natural, historic and cultural resources of the county is a primary goal of the recently adopted Comprehensive Plan. CALVERT COUNTY 8

4 Issue #7: Current CCZO Does Not Promote Land Preservation

• Prior to 2003, clustering was mandatory for parcels 20 acres or greater in size. Since then, subdivision applications have increasingly moved away from cluster designs to typical large lot layouts due to three (3) CCZO provisions:

1.) Exceptions to cluster requirements including in lieu of clustering, limiting development to a minor subdivision (seven lots or less). 2.) Exempting subdivisions from the Adequate Public Facilities Ordinance (APFO) and meeting public road and construction requirements, by limiting development to a minor subdivision. 3.) Adoption of the Growth Tier Map placed a significant amount of land in Tier IV, which restricts residential development to a minor subdivision only.

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Issue #7: Continued

Recommendation: Consideration should be given to reinstituting mandatory clustering for all residential development outside of APDs and Town Centers as a tool to support land preservation efforts. In addition priority should be given to preserving the County's unique landscapes as part of meeting open space requirements specifying a portion to be usable for public or community recreation.

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5 Issue #8: Application of TDRs from an APD to a Transfer Zone

• For example, a 200 acre farm, the conventional density equates to seven lots which would equal 35 TDRs. However, the current formula to allocate TDRs for the APD and subsequent transfer and application of those TDRs translates to an additional density of between 4o to 184 units, depending on the zoning, lot size, and house type.

• This is because when the reductions in residential density took place in 1999 and 2003, the allocation of TDRs (at one TDR per APD acre) was not adjusted accordingly.

Recommendation: Recalibrate the current allocation of TDRs to

CALVE RT better align with actual permitted densities. COUNTY 11

Issue #9: Allowance of Accessory Dwelling Units

• Tenant houses are considered accessory dwellings to the primary house. Consequently they do not count against the permitted density or require TDRs.

• While many of the tenant houses are originally built for farm workers, once the property changes ownership, they are often converted to rental units or out-conveyed by deed without going through the subdivision process.

Recommendation: Consider counting tenant houses toward the maximum permitted density and/or require TDRs. CA LVE RT COUNTY 12

6 Recommendations/Next Steps:

• Staff recommends the BOCC review and discuss the issues and staff recommendations.

• Provide guidance on which issues to address in the Zoning Ordinance update.

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