OF  City of Cambridge DEPARTMENT OF PUBLIC WORKS PLANNING & ZONING 1025V Washington: St. Cambridge, Maryland 21613 Telephone: 410-228-1955 Fax: 410-228-3814  MARYLAND 84  Planning Commission Agenda  The City of Cambridge Planning Commission will conduct an in-person meeting on Wednesday, Due to the Election Dayl holiday, this meetingi is not being held on Tuesday November 5th. TownHalstreams.com The meeting will be streamed live at: nttps://townhallstreams.com  November 6th, 2024 at 6:00 p.m. at Council Chambers, 305 Gay Street. Normally, the meeting occurs on the first Tuesday of every month.  WEBEX SESSION 83256#  The conference call-in instructions are:  nttps//cityorcambridgemd.webex.com/ctyolcambrdgemd/Aphp/MID-m9a32atdea2a692806  9ae0a90a76abf6d  Meeting number: 25588434900  Password: KC2M6C8XhNR (52266289 when dialing from a video system)  Wednesday, November 6, 2024 6:00 PM 121 hours I (UTC-04:00) Eastern Time (US & Canada) 1. PZT24-0001 24-0-01 Text Amendment: brought by the City of Cambridge. The amendment will replace "Group Home" with a Community-Based Residence" such as: "Recovery Residence," "Assisted Living Facility,"" Residential Care Home," "Nursing Care Facility," " "Small Group Home," "Large Group Home," "Small Halfway House," and "Large Halfway House." This item was heard on October 15t, 2024 by the Planning Commission and was postponed (tabled) until "the next official meeting" of the Commission.. APublic  OLD BUSINESS  Hearing occurred at the October 1st, 2024 meeting.  NEW BUSINESS  1. PZT24-0002 24-0-02 Text Amendment: brought by the City of Cambridge. The amendment will allow a Small-Scale Solar System and a Community Solar Energy System to locate on a "mostly wooded lot" if the proposal complies with the City's Forest Conservation Ordinance. No changes tot the text are recommended for either the Medium-Scale Solar Energy System or the Large-Scale Solar Energy System, meaning  neither facility shall be permitted on a "wooded lot."  DISCUSSION  Staff will discuss (1) layout of room (2) mtg. attendance (3) site visits (4) timer for speakers. The agenda may change. The final agenda will be approved by the Commission at the hearing.    DE CAA LAND MEETING DATE:  CITY OF CAMBRIDGE PLANNING COMMISSION  STAFF REPORT  Planning and Zoning Department Wednesday, November 6, 2024: 6:00 PM.  APPLICATION NO: PZT24-0001 -24-0-01 Text Amendment to repeal and modify Group Homes in the UDC  Staff is proposing multiple text amendments to the Unified Development Code, 1. Section: 4.2.3 and Section: 4.4.4 Standards for Conditional and Special Exception a. Recovery Residences shall be al Permitted Use with Conditions in the: Neighborhood Conservation (NC)1,2,3, and 4 as well as the Residential (R) Zoning Districts AND1 the Downtown Waterfront Development District (DWDD) General, Center, Neighborhood, and Gateway Subdistricts. b. Assisted Living Facilities, Residential Care Homes, and Nursing Care Facilities shall be al Permitted Use with Conditions in the: Corridor Mixed Use (CMU), General Commercial (CG), Maritime Resort (MR), and Open Space (OS) Zoning Districts AS WELL AS the Downtown Waterfront Development District (DWDD) Core, General, Center, and Neighborhood These uses shall be a Special Exception with Conditions in the: Neighborhood Conservation (NC)1,2,3,4 4 AND Residential (R) Zoning Districts. Small Group Homes and Small Halfway Houses shall be al Permitted Use with Neighborhood Conservation (NC)1,2,3, and 4, Residential (R), Corridor Mixed Use (CMU), Maritime Resort (MR), and Resource Conservation (RC) Zoning Districts AS WELL AS the Downtown Waterfront Development District (DWDD) General, Center, Neighborhood, and Gateway Subdistricts. d. Large Group Homes and Large Halfway Houses shall be al Permitted Use with Industrial (), Corridor Mixed Use (CMU), and Maritime Resort (MR): Zoning Districts AS WELL AS the Downtown Waterfront Development District (DWDD)  including: Uses:  PROPOSED UNIFIED DEVELOPMENT CODE TEXT AMENDMENTS:  Subdistricts.  Conditions in the:  Conditions in the:  Core, General, Center, and Neighborhood Subdistricts. 3. Table 1 and Table 2: Permitted Uses by Zoning District.  2. Article 91 Terms and Definitions.  APPLICANT: PROJECT MANAGER:  City of Cambridge Brian D. Herrmann; Director  City of Cambridge Planning and Zoning Department  BACKGROUND INFORMATION:  Currently, the City's Unified Development Code (UDC) requires FORM BASED zoning regulations within the heart of downtown and USE BASED zoning regulations throughout much of the surrounding community. Each of these areas contains its own land use table. As such, thei following text amendments are applicable to each of the Permitted Use Tables, the corresponding Zoning Districts that are conveyed within, as well as the code's  Term's and Definition's section.    Planning Commission: Wednesday, November 6, 2024  Page 2of10  The "uses" in question fall under the rubric of a community-Dased residence." ." This is an unofficial and intentionally broad heading that encompasses a range of functions that are identified by either the Fair Housing Act, the Maryland State Annotated Health Code, or the Code of Maryland Regulations (COMAR). Such "uses" include: Recovery Residences, Assisted Living Facilities, Residential Care Homes, Nursing Care Facilities, and both Small and Large Group Homes and Halfway Houses. These facilities are occupied by citizens for an array of reasons and periods of time. They contain a variety of management types. As a result, they may be classified within the City's Permitted Use Table as either a "Residential" land use or a "Commercial" land In addition, the following text amendments are extensive, providing clarity to a group of "uses" that were permitted previously, but not properly defined. Ini fact, because each "function" is either a "conditional use" ora' "conditional special exception" they now possess a clear set of standards and restrictions. Finally, new  use.  definitions have been established.  Proposed Text Amendment: Table of Permitted Uses: Permitted Uses in the "Conventional" Zoning Districts  TABLE1:  P:P Permitted C:Permitted, subject to conditions SE: Special Exception SC: Special Exception, subject to conditions  PERMITTED USES BYZONING DISTRICT  Zoning Districts  Use  Land Use RESIDENTIAL  NC R 1,2,3,4 G G  CMU GC IND MR RC OS Regulations  GOwP-HOmeIRe-moreth3ASCHeRt, Multi-Family Residences Commercial Apartments Community Center Large Group Home; Large Halfway House Single-Family Residences Detached Duplex Recovery Residence Commercial Artisan Shop Assisted Living Facility Residential Care Home Nursing Care Facility  C C  G  C C  C  C C Ç Ç  Small Group Home; Small Halfway House  Ç  Ç Ç  SC SC  Ç C  C  C  Application No. PZT24-0001 - UDC Text Amendment - Repeal and Modify Group Homes    Planning Commission: Wednesday, November 6, 2024  Page 3 of10  Permitted Uses by Zoning Subdistrict in the Downtown/Waterfront Development District (FBC)  TABLE2:  P:F Permitted C:P Permitted, subject to conditions SE: Special Exception SC: Special Exception, subject to conditions  PERMITTED USESB BYZONING DISTRICT  Zoning Districts  Use  Land Use RESIDENTIAL  Core General Center Neighborhood Gateway Civic Regs.  Growp-Home4me-morethanSclente, Multi-Family Residences Commercial Apartments Large Group Home:large Halfway House Single-Family Residences Detached Duplex Recovery Residence Commercial Artisan Shop Assisted Living Facility Residential Care Home Nursing Care Facility  C  Ç  C  C  Ç C C C  Ç C  C C  Sm. Group Home; Sm. Halfway House  Ç  C  Ç  Ç  Proposed Text Amendment - Land Uses with Conditions:  The amendments for the USE BASED section of the Code and the FORM BASED section of the Code are nearly Within the USE BASED section of the Code the provisions under Section 4.2 Districts and Allowable Uses; more specifically Section 4.2.3 Standards for Conditional and Special Exception Uses are amended as follows. Within the FORM BASED section of the Code the provisions under Section 4.4 Downtown Waterfront Development District (DWDD); more specifically Section 4.4.4 Standards for Conditional and Special Exception A. SECTION 4.2.3 A/6/GROUPHOMES IS REPEALED INI ITS ENTIRETY AND REPLACED WITH THE  identical.  Uses are amended as follows:  FOLLOWING LANGUAGE FOR A RECOVERY RESIDENCE: Section 4.2.3(A)6) Recovery Residence (NEW TEXT)  Application No. PZT24-0001 - UDC Text Amendment - Repeal and Modify Group Homes    Planning Commission: Wednesday, November 6, 2024  Page 4 of10  Subject to the following conditions, al Recovery Residence shall be a Permitted Use with Conditions (C) (THE CONDITIONS FOR SECTION 4.2.3(A)(6). AND SECTION 4.4.4(R) ARE IDENTICAL. THEREFORE, THE CONDITIONS FOR SECTIONS 4.2.3(A)(6) SHOULD BE CONSIDERED WITH SECTION 4.4.4(R) BELOW).  in the NC-1, NC-2, NC-3, NC-4 and R districts.  Section 4.4.4R) Recovery Residence (NEW/TEXT)  Subject to the following conditions, a Rrecovery Rresidence shall be a Permitted Use with Conditions a. The-Rrecovery Rresidences shall be duly certified as a recovery residence by the State of Maryland and otherwise complyv with all applicable State laws and regulations and, if applicable, all requirements of the Dorchester County Health Department, with documentation of such certification and compliance to be provided to the Zoning Official prior to the issuance ofany b. Recovery Rresidences shall be subject to the same dimensional requirements and lot standards set forth in Chapter 5 of this Ordinance as applicable to single-family detached dwellings. All non-owner -occupied Rrecovery Rresidences shall be registered pursuant to 64-42 of the Code oft the Cityof Cambridge, with proof of such registration to be provided to the Zoning Official prior to the issuance of any required permits, including zoning, building, and occupancy permits. B. Section 4.4.4(S) Assisted Living Facilities, Res. Care Homes, and Nursing Care Facility (NEW/TEXT) Subject to the following conditions, an Assisted Living Facility, a Residential Care Home, and a Nursing Care Facility shall be a Permitted Use with Conditions (C) in the Core, General, Center, and  (C)in the General, Center, Neighborhood, and Gateway subdistricts:  required permits, including zoning, building, and occupancy permits.  Neighborhood subdistricts:  (THE CONDITIONS FOR SECTION 4.2.3 (A)(14) AND SECTION 4.4.4(S). ARE NEARLY IDENTICAL. HOWEVER, SECTION 4.2.3(A)(14) CONTAINS USES THAT ARE DESIGNATED AS A! SPECIAL EXCEPTION WITH CONDITIONS. SECTION 4.4.4(S) DOES NOT. THEREFORE, SECTION 4.2.3(A)(14) IS SHOWN BELOW. Section 4.2.3(A)14). Assisted Living Facility, Residential Care Home, Nursing Care Facility (NEW TEXT) Subject to thet following conditions, an Assisted Living Facility, al Residential Care Home, and al Nursing Care Facility shall be a Permitted Use with Conditions (C) in the CMU,CG,MR, and OS districts and a Special Exception with Conditions (SC) in the NC-1, NC2.NC3.NC4.and R districts:  a. The proposed use will not constitute a nuisance because of noise, vehicle traffic or parking, number b. The proposed use will not result in an excessive concentration of similar uses in the same general The property upon which the proposed use is to be located is of sufficient size to accommodate the  ofr residents, or any other type of physical activity.  neighborhood.  proposed number of residents and staff.  Application No. PZT24-0001 - UDC Text Amendment - Repeal and Modify Group Homes    Planning Commission: Wednesday, November 6, 2024  Page 50 of10  d. The proposed use shall be in compliance with all State and local laws.regulations. and  requirements.  e. The proposed use shall comply with all building code requirements.  The Zoning Official may prescribe specific conditions determined necessary to minimize effects of the proposed use on neighboring properties given identification of concerns specific to aj particular  site.  g. Parking and loading shall be provided at the rear of the site.  h. The proposed use shall be designed to provide a transition near the periphery of thes site, either with open space areas and landscaping or by designing the buildings near the periphery to be Open space areas, recreational facilities, and other accessory facilities shall be developed in each  harmonious in density and type with the surrounding neighborhood. phase of development to meet the needs of the residents.  Notice and posting of property.  Upon receipt of a request for an Administrative Review, the Zoning Official shall send written notice of the request to all property owners whose property line is within two hundred (200) feet of the applicant's property line, stating that the property owners have ten (10) days from the date of the notice to file a written objection with the City Zoning Official. The notices shall be directed to the names and addresses as shown on the current real property tax records for  Dorchester County.  ii. Written notice shall be sent to the Planning Commission.  ii. Additionally, the Zoning Official shall have a sign posted on the property that is the subject of the application advising of the nature of the requested action and advising that anyone who objects shall file a written objection with the City by a certain date, which date shall be at least iv. The Zoning Official has the option to refer a request for an Administrative Review to the Planning Commission if substantive concerns were raised regarding public health, safety and  ten(10) days from the date that the sign is posted.  welfare.  Int the NC1, NC2, NC3, NC 4a and R (Residential) Zoning District an Assisted Living Facility, Residential Care Home, and Nursing Care Facility must adhere to the provisions associated with a Conditional Use as well as those conveyed by the Board of Appeals for a Special Exception. The Board of Appeals shall grant the Special Exception unless it finds that the proposed use would have adverse impacts at its proposed location  that exceed that which is typical or common. Thei following shall be considered: 1. The use shall not endanger the public health, safety or general welfare.  2. The use: shall be harmonious in character and appropriate in appearance and will not be injurious to the use and enjoyment of other property, nor diminish or impair the values of such property. 3. The proposal will noti impede the normal and orderly development and improvement ofs surrounding 4. All necessary facilities (water, sewer, access streets, drainage, etc.) shall be provided.  properties.  Pedestrian, bicycle, and vehicle traffic associated with the proposed use shall not conflict with existing or  anticipated traffic in the neighborhood.  Application No. PZI24-0001 - UDCT Text Amendment - Repeal and Modify Group Homes    Planning Commission: Wednesday, November 6, 2024  Page 6of10  6. In all other respects the Special Exception shall conform to the applicable regulations of the district, as well as  any special requirements that are established.  7. The proposed use at its proposed location conforms to the Comprehensive Plan. Section 4.2.3(A)15): Small Group Home; Small Halfway Houses (NEW/TEXT)  Subject to the following conditions, Small Group Homes and Small Halfway Houses shall be a Permitted Use with Conditions (C) in the GANCARANCAKONLN and RC districts: (THE CONDITIONS FOR SECTION 4.2.3 (A)(15) AND SECTION 4.4.4(T). ARE IDENTICAL. THEREFORE, THE CONDITIONS FOR SECTIONS 4.2.3(A)(15). ARE LISTED WITH SECTION 4.4.4 (T) BELOW). Section 4.4.4(T)Small Group Home; Small Halfway Houses (NEW TEXT)  Subject to the following conditions, Small Group Homes and Small Halfway Houses shall be a Permitted Use with Conditions (C) in the General, Center, Neighborhood, and Gateway subdistricts: a. Small Group Homes and Small Halfway Houses shall be duly certified and licensed as a small group home by the State of Maryland and otherwise comply with all applicable State laws and regulations and, if applicable, all requirements of the Dorchester County Health Department, with documentation of such certification and compliance to be provided to the Zoning Official priort to thei issuance of anyrequired permits, including zoning, building, and occupancy permits. b. Small Group Homes and Small Halfway Houses shall be subiect to the same dimensional requirements and lot standards set forth in Chapter 5 of this Ordinance as applicable to single- All non-owner-occupied Small Group Homes and Small Halfway Houses shall be registered pursuant to 54-42 of the Code of the City of Cambridge, with proof of such registration to be provided to the Zoning Official prior to the issuance of any required permits, including zoning, building, and  family detached dwellings.  occupancy permits.  D. Section 4.2.3(A)16) Large Group Homes; Large Halfway Houses (NEW TEXT) Permitted Use with Conditions in the L CMU, and MR districts:  Subject to the following conditions, Large Group Homes and Large Halfway Houses shall bea  (THE CONDITIONS FOR: SECTION 4.2.3 (A)(16) AND SECTION 4.4.4(U) ARE IDENTICAL. THEREFORE, THE CONDITIONS FOR SECTIONS 4.2.3(A)(16) ARE LISTED WITH SECTION 4.4.4 (U) BELOW). Section 4.4.4(U) Large Group Home; Large Halfway Houses (NEW TEXT)  Subject to the following conditions, Large Group Homes and Large Halfway Houses shall be a Permitted Use with Conditions (C) in the Core, General, Center, and Neighborhood subdistricts:  a. Large Group Homes and Large Halfway Houses shall be duly certified and liçensed as a large group home by the State of Maryland and otherwise comply with all applicable State laws and regulations and, if applicable, all requirements of the Dorchester County Health Department, with  Application No. PZI24-0001 - UDC Text Amendment = Repeal and Modify Group Homes    Planning Commission: Wednesday, November 6, 2024  Page 7of10  documentation of such certification and compliance to be provided to the Zoning Official prior to the issuance of any required permits, including zoning, building, and occupancy permits. b. Large Group Homes and Large Halfway Houses shall be subiect to the same dimensional requirements and lot standards set forth in Chapter 50 of this Ordinance as applicable to multi- Alln non-owner-occupied Large Group Homes and Large Halfway Houses shall be registered pursuant to $4-42 of the Code of the City of Cambridge, with proof of such registration to be provided to the Zoning Official prior to the issuance of any required permits, including zoning,  family dwellings.  building, and occupancy permits.  Proposed Text Amendment: Section 9.2, Terms and Definitions:  Section 9.21 Terms and Definitions. (NEW TEXT)  Alternate Living Unit - a residence that provides residential services for not more than three (3) individuals who, because of a developmental disability, require specialized living arrangements, and Assisted Living Facility - a residential or facility-based program as defined and licensed under Md. Code Ann., Health-General Article S 19-1801 ets seq. offeringroom, board, and livinga assistance to persons requiring Domiciliary Care - services that are services that are provided to aged or disabled individuals in a protective, institutional, or residential environment which includes shelter, housekeeping services, board, facilities, and resources for dailyl living,and personal surveillance or direction in the activities of daily living.  provides ten (10) or more hours of supervision per week. assistance below that of a nursing facility and/or hospital care.  "Group-Home" is repealed in its entirety and redefined as follows:  Group Home - A residence where a certain number of unrelated persons in need of care, support, or supervision may live together to receive assistance, more particularly described as follows: a. Small Private-Group Home for the Developmentally Disabled: A public Ggroup Hhome, nonprofit private Ggroup Hhome, or alternative living unit that is conclusively a single-family residence designed to accommodate not less than four (4) and not more than eight (8)persons with a developmental disability pursuant to Md. Code Ann., Health-General $7-101 et seq., which provides ten (10) or more hours of supervision per week and residential services for individuals who, because of a developmental disability, require specialized living arrangements: b. Small Private Group Home for the Mentally Disabled: A private Ggroup Hhome that is conclusively a single-family dwelling designed to accommodate not less than four (4) andn not more than nine (9) persons currentlyrecelving or having had received treatment for a mental Large Group Home for the Mentally Disabled: A private Ggroup Hhome that is conclusivelya multi-family dwelling designed to accommodate not less than ten (10) persons and not more d. than sixteen (16) persons currently receiving or having had received treatment for a mental Pruantt.Ma-CoseAmaeahSeneal7406,a4aalsaedlappioallshallberewired  disorder as defined in Md. Code Ann., Health-General $ 10-101(); and  disorder as defined in Md. Code Ann., Health-General 5 10-101eF  o-estabSAaPHvategroup-home.  Application No. PZT24-0001 - UDC Text Amendment - Repeal and Modify Group Homes    Planning Commission: Wednesday, November 6, 2024  Page 8of10  Halfway House -a clinicalymanaged. a clinically managed, low-intensity residential treatment: service for individuals with substance-related disorders, as defined by Md. Code Ann., Heath-Seneral58101 and licensed by the Maryland Secretary of Health pursuant to Md. Code Ann., Health-General 557.5- 101, et seg. and 8-405, who are capable of self-care but are not ready for independent living, more a. Small Halfway House: A Hhalfway Hhouse halfway that admits not less than four (4) butnot b. Large Halfway House: A Hhalfway Hhouse that admits not less than nine (9) but not more than Al-Halway-heusesshalbelicensedinaccerdancewith-Ma-Cede-Ann.HeallhGeneral$75  particularly described as follows:  more than eight (8) individuals; and sixteen (16) individuals. 101,et-seg  "Atermediate-Cere-IASHVORS is repealed in its entirety and redefined as follows: Intermediate Care Facility- ani institution or home-based facility licensed pursuant to Md. Code Ann., Health-General 5 19-318, et seq. providing accommodations for not less than two (2) unrelated persons who are dependent on the administrator, operator, or proprietor for nursing care, or the subsistence of daily living in asafe, sanitary, and healthful environment, and more a. Maintain conditions or facilities and equipment to provide domiciliary, personal, or nursing  specifically:  care;  b. Admits or retains the individuals for overnight care; Ann., Health-General 619-307b); and  . Shall be classified shall be classified as a care home or nursing home pursuant to Md. Code d. Obtains a certificate of Need where applicable under Md. Code Ann., Health-General $19-120. Nursing Care Institutien Facility - at type ofintermediate care facility, licensed under Md. Code Ann., Health-General Article $ 19-319, for the purpose of providing skilled nursing care for two (2)o orr more unrelated individuals and medical supervision, that is ordered by a physician and provided bya registered or practical nurse at al lower level than that available in a hospital, in addition to room and Personal Care - a service that an individual normally would perform, but for which the individual needs help from another because of advanced aged, infirmity, or physical or mental limitation, including, but not limited to, help in walking, getting in and out of bed, bathing, dressing feeding, Recovery Residence = as defined by Md. Code Ann., Health-General $7.5-101(0), a service that provides alcohol-free and illicit-drug-free housing to individuals with substance-related disorders, addictive disorders, or co-occurring mental disorders, substance-related disorders, and/or addictive Residential Care Home - A type of intermediate care facility that provides care to individuals who, because of advanced age or physical or mental disability, require domiciliary care or personal care  board.  and general supervision, and in daily living.  disorders, and does not include clinical treatment services.  inaprotective environment.  Application No. PZT24-0001 - UDC Text Amendment - Repeal and Modify Group Homes    Planning Commission: Wednesday, November 6, 2024  Page! 9 of10  CONSISTENCY WITH THE COMPREHENSIVE PLAN:  As conveyed above, the proposed text amendments to the Unified Development Code will provide rather significant updates to the two Permitted Use Tables, the two sections that address the Standards fora Conditional Use and the Conditional Special Exception, as well as Section 9.2Terms and Definitions. These amendments are rather challenging, in part because they contain extensive "conditions" and in part because the City has two codes in which they must be applied - a Form Based Code for the downtown, and a That said, though the topic is not specifically identified or addressed in the City of Cambridge's Comprehensive Plan, the aforementioned changes to the text of the Unified Development Code are consistent with various  USE-Based code for the surrounding districts.  facts and policy recommendations that are found in the document. These include:  Housing Units - page 9  "The housing stock in Cambridge is largely comprised of single-family units. Sixty percent are single- family detached and about three percent are single-family attached..The remaining 23 percent are in multt-famlystructures-that is, they are in buildings that contain three or more  units."  Tenure and Homeownership -P page 10  "Renter occupied units comprised nearly 49 percent of all units... Housing in Cambridge is significantly weighted towards rentals. Not only are nearly half of all units renter occupied in Cambridge, those units, totaling 2,541, comprise two-thirds of all occupied rental units in Dorchester County (even though only 36 percent of all housing units in the County are located in  Cambridge)."  Civic Appearance - page 109  "Most of the City is in developed use, thus private property owners are responsible, for most of the City's appearance. The areas used publicly are, of course, the responsibly of public agencies. It is imperative that public agencies develop and use property in an attractive way: so that private  citizens are encouraged to develop their property in a similar manner."  Local Economic Development - page 111  Optimization of available land reduces the City's long-term development and maintenance costs and offers economic advantages to businesses. Growing business sectors such as the Service sector do not require expansive land or infrastructure; instead, they require supportive policies that lower the cost  of entry into their markets."  Application No. PZI24-0001 - UDC Text Amendment - Repeal and Modify Group Homes    Planning Commission: Wednesday, November 6, 2024 SUMMARY OF PUBLIC COMMENTS OR INQUIRIES:  Page 10 of10  Prior to the October meeting of the Planning Commission the Staff received two inquiries from the public regarding this proposal. Both inquiries were from City residents. They identified specific issues related to existing uses that are located within their neighborhood and/or street. Because the issues were not similar, and this proposal is a text amendment to clarify the current text, Staff suggested that both residents attend the Planning Commission Meeting and express any concerns to the Commission. One of the individuals did sO. As conveyed in Subsection (2.1.2) Planning Commission (A.)Establishment of the City of Cambridge Unified  PLANNING COMMISSION RESPONSIBILITIES:  Development Code (UDC):  "The Planning Commission shall have the authority to: SUPPORTING DIAGRAMS, LLUSTRATIONS & TABLES:  (3.) Prepare and recommend amendments to this ordinance, including the official zoning map;"  N/A.  STAFF RECOMMENDATION:  The "uses" in question fall under the rubric of a community-based residence." This is an unofficial and intentionally broad heading encompassing a range of functions that are identified by either the Fair Housing Act, the Maryland State. Annotated Health Code, or the Code of Maryland Regulations (COMAR). Such "uses"  include:  1. Assisted Living Facilities, Residential Care Homes, Nursing Care Façilities  2. Small Group Homes and Small Halfway Houses 3. Large Group Homes and Large Halfway Houses  These facilities are occupied by citizens for an array of reasons and different periods of time. They contain a variety of management types. As a result, they may be classified within the City's Permitted Use Table as In addition, the following text amendments are extensive, providing clarity to a group of "uses" that were permitted previously, but not properly defined. Int fact, because each "function" is either a "conditional use" ora' "conditional special exception" they now possess a clear set of standards and restrictions. Finally, new or Based on the items conveyed above, the staff feels as though the proposed amendment to the text of the Unified Development Code is necessary and should receive a recommendation for approval from the City's  either a "Residential" land use or a "Commercial" land use.  updated definitions have been established.  Planning and Zoning Commission.  PLANNING AND ZONING COMMISSION ACTION:  PZT23-0001 -Ati its October 1st meeting the City of Cambridge Planning Commission failed to vote on the Text Amendment. Instead, the item was postponed (tabled). As a result, it will be heard at the  Wednesday, November 6th meeting.  Application No. PZI24-0001 -l UDCText Amendment - Repeal and Modify Group Homes    9  e  E: E @  a J  IH     2 in  E in  a  0    e A  - 9  N  =  o    DI  DI  DI DI SI WI  A S  a  D e 9 o    poI  DI  poI  UI  9 OI OI  wo voI  OI OI 0I    a LE I  - L M    1 Y &    N  ab    N                5    E E - L E a E L  0 I    n  W  A 2  T a    - 1 € € L  6    N    9  2  9        3  L F C 5 2 < - S > - 8    - 9 A 6 S   0  I  E > - Y    N  .  6  IH    ORDINANCE NO. XXXX  AN ORDINANCE OF THE COMMISSIONERS OF CAMBRIDGE, MARYLAND AMENDING SS 4.2.3,4.4.4, AND 9.2 AND TABLES 1 AND20FTHE CITY'S UNIFIED DEVELOPMENT CODE ("UDC") FOR THE PURPOSES OF: 1) PROVIDING THAT RECOVERY RESIDENCES SHALL BE A PERMITTED USE WITH CONDITIONS IN THE NC-1, NC-2, NC-3, NC-4, AND R ZONING DISTRICTS AND THE DOWNTOWN WATERFRONT DEVELOPMENT DISTRICT (*DWDD") = GENERAL, CENTER, NEIGHBORHOOD, AND GATEWAY SUBDISTRICTS; 2) PROVIDING THAT ASSISTED LIVING FACILITIES, RESIDENTIAL CARE HOMES, AND NURSING CARE. FACILITIESSHALL BEI PERMITTED USES WITH CONDITIONSINTHE CMU, CG, MR, AND OS ZONING DISTRICTS AND THE DWDD - CORE, GENERAL, CENTER, AND NEIGHBORHOOD SUBDISTRICTS AND SPECIAL EXCEPTIONS WITH CONDITIONS INTHEI NC-1, NC-2,NC-3,NC-4, AND R ZONING DISTRICTS;3) PROVIDING THAT SMALL GROUP HOMES AND SMALL HALFWAY HOUSES SHALL BE PERMITTED USES WITH CONDITIONS IN THE NC-1,NC-2, NC-3,NC-4, R, CMU, MR, AND RC ZONING DISTRICTS AND THE DWDD - GENERAL, CENTER, NEIGHBORHOOD, AND GATEWAY SUBDISTRICTS: 4) PROVIDING THAT LARGE GROUP HOMES AND LARGE HALFWAY HOUSES SHALL BE PERMITTED USES WITH CONDITIONS IN1 THEI I, CMU, AND MRZONING: DISTRICTS ANDTHE DWDD < CORE, GENERAL, CENTER, AND NEIGHBORHOOD SUBDISTRICTS; AND 5) DEFININGTERMS ASSOCATEDTIEREVITE PROVIDING THAT THETITLE OF THIS ORDINANCE SHALL BE DEEMED A FAIR SUMMARY AND GENERALLY RELATINGTO COMMUNITY BASED HOUSING IN THE CITY OF CAMBRIDGE. WHEREAS, pursuant to Md. Code.Ann, Land Use $ 4-204 and $ 2.2.3 of the Unified Development Code (the UDC,heCommisioner: ofCambridge are authorized and empowered to amend, supplement, change, modify, and repeal the City of Cambridge': 's (the "City") zoning WHEREAS, pursuant to Md.Code. Ann., Local Gov'ts 5-202 and $3-27(1)ofthe Charter ofthe City of Cambridge, the Commissioners of Cambridge are authorized and empowered to pass all such ordinances not contrary to the Constitution and laws oft the State ofl Maryland or the Charter as they may deem neçessary for the good government of the City; for the protection and preservation of the City's property, rights, and privileges; for the preservation of peace and good order; to secure persons and property from danger and destruction; and for the protection and promotion of the health, safety, comfort, convenience, welfare, and happiness of the residents of  regulations and boundaries and change the City's zoning classifications; and  the City and visitors thereto and sojourners therein; and WHEREAS, following a public hearing held on  2024, the City of Cambridge  Planning Commission (the "Planning Commission") recommended that the Commissioners of Cambridge approve a text amendment amending SS 4.2.3,4.4.4, and 9.2 and Tables 1 and 2 ofthe UDC for the purposes of: 1) providing that Recovery Residences shall be a Permitted Use with Conditions in the NC-1, NC-2, NC-3, NC-4, and R. Zoning Districts and the DWDD - General, Center, Neighborhood, and Gateway Subdistricts; 2) providing that Assisted Living Facilities, Residential Care Homes, and Nursing Care Facilities shall be Permitted Uses with Conditions in  1    the CMU, CG, MR, and OS Zoning Districts and the DWDD - Core, General, Center, and Neighborhood Subdistricts and Special Exceptions with Conditions int the NC-,NC2,NC3.NC 4, and R Zoning Districts; 3) providing that Small Group Homes and Small Halfway Houses shall bel Permitted Uses with Conditions int thel NC-L,NC-2,NC3,NC4,R,CMU,MR, and RCZoning Districts and the DWDD - General, Center, Neighborhood, and Gateway Subdistricts; 4)providing that Large Group Homes and Large Halfway Houses shall be Permitted Uses with Conditions in the I, CMU, and MR Zoning Districts and thel DWDD - Core, General, Center, and Neighborhood  Subdistricts; and 5) defining terms associated therewith; and  WHEREAS, on which was published on  2024, the Commissioners of Cambridge held, a public hearing  regarding the foregoing text amendment recommended by the Planning Commission, notice of  2024 and  2024, in the Star Democrat, a   newspaper of general circulation in the City, in accordance with Md.  Use $4 4-  203(b) and $ 2.2.3.Coft! the UDC; and  WHEREAS, having considered the recommendations of the Planning Commission and the Department of Planning and Zoning Staff, as well as the comments made during the interest ofthe City to amend $S 4.2.3,4.4.4, and 9.2 and' Tables land 2 ofthel UDC: for thej purposes of: 1) providing that Recovery Residences shall be a) Permitted Use with Conditions in the NC-1, NC-2, NC-3,NC-4, and R. Zoning Districts and thel DWDD: General, Center, Neighborhood, and Gateway Subdistricts; 2) providing that AssistedLiving Facilities, Residential Care Homes, and Nursing Care Facilities shall be Permitted Uses with Conditions in the CMU, CG, MR, and OS Zoning Districts and the DWDD Core, General, Center, and Neighborhood Subdistricts and Special Exceptions with Conditions in the NC-1,NC-2, NC-3, NC-4, and R Zoning Districts; 3) providing that Small Group Homes and Small Halfway Houses shall be Permitted Uses with Conditions in the NC-1, NC-2,NC-3, NÇ-4, R, CMU, MR, and RC Zoning Districts and the DWDD General, Center, Neighborhood, and Gateway Subdistricts; 4) providing that Large Group Homes and Large Halfway Houses shall be Permitted Uses with Conditions in thel I, CMU, and MR Zoning Districts and' the DWDD - Core, General, Center, and Neighborhood Subdistricts; WHEREAS, the Commissioners of Cambridge find that the text amendment set forth herein is NOW, THEREFORE, BE IT ORDAINED by the Commissioners of Cambridge, that the City's  2024, public hearing, the Commissioners of Cambridge find that it is in the best  and 5) defining terms associated therewith; and  necessary to promote and protect the public health, safety, and welfare.  UDCi is herebyamended as follows:  SECTION1. Section 4.2, Districts and Allowable Uses is amended as follows:  $4.2.3 Standards for Conditional and Special Exception Uses  $4.2.3(A)(6) Group Homes, is repealed in its entirety and replaced with the following:  2    $4.2.3(A)6) Recovery Residence  Subject to the following conditions, a Recovery Residence shall be a Permitted Use with a. Recovery Residences shall be duly certified as a recovery residence by the State of Maryland and otherwise comply with all applicable State laws and regulations and, ifa applicable, all requirements of the Dorchester County Health Department, with documentation of such certification and compliance to be provided to the Zoning Official prior to the issuance of any required permits, including zoning, building, and b. Recovery Residences shall be subject to the same dimensional requirements and lot standards set forth in Chapter 5 of this Ordinance as applicable to single-family C. All non-owner-occupied Recovery Residences shall be registered pursuant to $4-42 of the Code of the City of Cambridge, with proofofsuch registration to be provided  Conditions (C) in the NCINCZNC3.NC4 and R districts:  occupancy permits.  detached dwellings.  to the Zoning Official prior to the building, and occupancy permits.  permits, includingzoning,  $4.2.3(A)(14). Assisted Living Facility,  Home, Nursing Care Facility  Subiect to the following conditions, an Assisted Living Facility,al Residential Care Home, and a Nursing Care Facility shall be a Permitted Use with Conditions (C) in the CMU, GC, MR, and OS districts and' a Special Exception with Conditions (SC) in the NC-1, a. The proposed use will not constitute a nuisance because of noise, vehicle traffic or parking, number of residents. or any other type of physical activity. b. The proposed use will not result in an excessive concentration of similar uses in the C. The property upon which the proposed use is to be located is of sufficient size to d. The proposed use shall be in compliance with all State and local laws, regulations,  -  NC2.NC-.NC-4.and R districts:  same general neighborhood.  accommodate the proposed number of residents and staff.  and requirements.  e. The proposed use shall comply with all building code requirements.  3    f. The Zoning Official may prescribe specific conditions determined necessary to minimize effects of the proposed use on neighboring properties given identification of  concerns specific to a particular site.  Parking and loading shall be provided at the rear of the site.  h. The proposed use shall be designed to provide a transition near the periphery of the site, either with open space areas and landscaping or by designing the buildings near the periphery to be harmonious in density and type with the surrounding Open space areas. recreational facilities, and other accessory facilities shall be developed in each phase ofdevelopment to meet the needs of the residents.  neighborhood.  Notice and posting of property.  Upon receipt of a request for an Administrative Review, the Zoning Official shall send written notice of the request to all property owners whose property line is within two hundred (200) feet of the applicant's property line, stating that the property owners have ten (10) days fromi the date of the notice to file a written obiection with the City Zoning Official.The notices shall be directed to the names and addresses as shown on the current real property tax records for Dorchester  County.  ii. Written notice shall be sent to the. Planning Commission.  iii. Additionally, the Zoning Official shall have a sign posted on the property that is the subject of the application advising of the nature of the requested action and advising that anyone who objects shall file a written objection with the City bya certain date. which date shall be at least ten (10) days from the date that the sign iv. The Zoning Officiall has the option to refer a request for an Administrative Review to thel Planning Commission if substantive concerns were raised regarding public  isp posted.  health, safety and welfare.  423A105,Small Group Homes: Small Halfway Houses  Subject to the followingconditions. Small Group Homes and Small Halfway Houses shall be al Permitted Use with Conditions (C) in the NCINCANCANCAR CMU, MR, and RC a. Small Group Homes and Small Halfway Houses shall be duly certified and licensed asa small group home by the State of Maryland and otherwise comply with all applicable State laws and regulations and, if applicable, all requirements of the Dorchester County Health Department, with documentation of such certification and  districts:  4    compliance to be provided to the Zoning Official prior to thei issuance of any required b. Small Group Homes and Small Halfway Houses shall be subject to the same dimensional requirements and lot standards set forth in Chapter 5 oft this Ordinance C. All non-owner-oscupied Small Group Homes and Small Halfway Houses shall be registered pursuant to $4-42 of the Code oft the City of Cambridge, with proofofsuch registration to be provided to the Zoning Official prior to the issuance of any required  permits, including zoning, building, and occupancy permits.  as applicable to single-family detached dwellings.  permits, including zoning, building, and occupancy permits. $423A)16Large Group Homes: Large Halfway Houses  1  Subject to the following conditions. Large Group Homes and Large Halfway Houses shall be a. Large Group Homes and Large Halfway Houses shall be duly certified and licensed asa large group home by the State of Maryland and otherwise comply with all applicable State laws and regulations and, if applicable, all requirements of the Dorchester County Health Department, with documentation ofsuch certification and compliance to be provided to the Zoning Officialprior to thei issuance of anyrequired b. Large Group Homes and Large Halfway Houses shall be subject to the same dimensional requirements and lot standards set forth in Chapter 5 oft this Ordinance All non-owner-occupled Large Group Homes and Large Halfway Houses shall be registered pursuant to $4-42oft the Code of the City of Cambridge, with proofofsuch registration to bej provided to the Zoning Official prior to the issuance ofanyrequired  aPermitted Use with Conditions (C)in the I, CMU, and MR districts:  permits, including zoning, building, and occupancy permits.  as applicable to mull-famlydwellag.  permits, including zoning, building, and occupancy permits.  SECTION2. Section 4.4, Downtown/Watertront Development District is amended as follows:  $4.4.4 Standards for Conditional and Special Exception Uses  $4.4.4(R) Recovery Residence  Subject to the following conditions, a recovery residence shall be a Permitted Use with Conditions (C) in the General, Center, Neighborhood, and Gateway subdistricts: a. The recovery residence shall be duly certified as a recovery residence by the State of Maryland and otherwise comply with all applicable State laws and regulations and,  5    ffapplicable, all requirements of the Dorchester County Health Department, with documentation of such certification and compliance to be provided to the Zoning Official prior to the issuance of any required permits, includingz zoning, building, and b. Recovery residences shall be subiect to the same dimensional requirements and lot standards set forth in Chapter 5 of this Ordinance as applicable to single-family C. All non-owner-occupied recovery residences shall be registered pursuant to $4-42of the Code of the City of Cambridge, with proof of such registration to be provided to the Zoning Official prior to the issuance of any required permits, including zoning,  occupancy permits.  detached dwellings.  building, and occupancy permits.  $4.4.4(S) Assisted Living Facility, Residential Care Home, Nursing Care Facility  Subiect to the following conditions, an Assisted Living Facility,al Residential Care] Home, and a Nursing Care Facility shall be a Permitted Use with Conditions (C) in the Core, a. The proposed use will not constitute a nuisance because of noise, vehicle traffic or parking, number of residents, or anyother type of physical activity. b. The proposed use will not result in an excessive concentration of similar uses in the The property upon which the proposed use is to be located is of sufficient size to d. The proposed use shall be in compliance with all State and local laws, regulations.  General, Center, and Neighborhood subdistricts:  same general neighborhood.  accommodate the proposed number of residents and staff.  and requirements.  The proposed use shall comply with all building code requirements.  The Zoning Official may prescribe specific conditions determined necessary to minimize effects of the proposed use on neighboring properties given identification of  concerns specific to a particular site.  Parking and loading shall be provided at the rear of the site.  h. The proposed use shall be designed to provide a transition near the periphery of the site, either with open space areas and landscaping or by designing the buildings near the periphery to be harmonious in density and type with the surrounding  neighborhood.  6    Open space areas. recreational facilities. and other accessory facilities shall be developed in each phase of development to meet the needs of the residents.  Notice and posting of property.  Upon receipt of a request for an Administrative Review, the Zoning Official shall send written notice of the request to all property owners whose property line is within two hundred (200) feet of the applicant's property line, stating that the property owners have ten (10) days from the date of the notice to fileawritten objection with the City Zoning Official. The notices shall be directed to thei names and addresses as shown on the current real property tax records for Dorchester  County.  ii. Written notice shall be sent to the Planning Commission.  -  iii. Additionally, the Zoning Official shall have a sign posted on the property that is the subject of the application advising of the nature of the requested action and advising that anyone who obiects shall file a written objection with the City bya certain date, which date shall be at least ten (10)days from the date that the sign  isp posted. Zoning iv. The  -  Official has the option to referarequesti for an Administrative Review  to the Planning Commission ifs substantive concerns were raised regarding public  health, safety and welfare.,  $4.4.4(T) Small Group Homes: Small Halfway Houses  Subject to the following conditions. Small Group Homes and Small Halfway Houses shall be a Permitted Use with Conditions (C) in the General, Center, Neighborhood, and Gateway a. Small Group Homes and Small Halfway Houses shall be duly certified and licensed asa small group home by the State of Maryland and otherwise comply with all applicable State laws and regulations and, if applicable, all requirements of the Dorchester County Health Department, with documentation ofs such certification and compliance to be provided to the Zoning Official prior to the issuance of any required b. Small Group Homes and Small Halfway Houses shall be subject to the same dimensional requirements and lot standards set forth in Chapter 5 ofthis Ordinance C. All non-owner-occupied Small Group Homes and Small Halfway Houses shall be registered pursuant to $4-42 ofthe Code of the Cityof Cambridge, with proof ofs such registration to be provided to the Zoning Official prior to the issuance ofany required  subdistricts:  -  permits. including zoning, building, and occupancy permits.  asapplicable to single-family detached dwellings.  permits, including zoning, building, and occupancy permits.  7    $4.4.4(U) Large Group Homes; Large Halfway Houses  Subject to the following conditions, Large Group Homes and Large Halfway Houses shall be aP Permitted Use with Conditions (C) in the Core, General, Center, and Neighborhood a. Large Group Homes and Large Halfway Houses shall be duly certified and licensed as a large group home by the State of Maryland and otherwise comply with all applicable State laws and regulations and, if applicable, all requirements of the Dorchester County Health Department, with documentation ofsuch certification and compliance to be provided to the Zoning Official prior to the issuance of anyrequired permits, including zoning, building, and occupancy permits. N b. Large Group Homes and Large Halfway Houses shall be subject to the same dimensional requirements and lot standards set forth inl Chapter:5 ofthis Ordinance All non-owner-occupied Large Group Homes and Large Halfway Houses shall be registered pursuant to $4-42 oft the Code of the City of Cambridge, with proofofsuch registration to be provided to the Zoning Official prior to the issuance of anyrequired  subdistricts:  as applicable to multi-family dwellings.  permits, including zoning, building, and occupancy permits. SECTION3. Section 9.2, Terms and Definitions is amended as follows:  $9.2 Terms and Definitions.  Alternative Living Unit- arrangements,  that provides residential services for not more than  three (3) individuals who, beçause of a developmental disability, require specialized living    and provides ten (10) or more hours ofsupervision per week.  Assisted Living Facility = a residential or facility-based program as defined and licensed under Md. Code Ann., Health-General Article S 19-1801 et seg. offering room, board, and living assistance to persons requiring assistance below that of a nursing facility and/or  hospital care.  Domiciliary Care - services that are provided to aged or disabled individuals in a protective, institutional, or residential environment which includes shelter, housekeeping services, board, facilities, and resources for daily living, and personal surveillance or direction in the  activities of daily living.  8    "Group Home" is repealed in its entirety and redefined as follows:  Group Home - A residence where a certain number of unrelated persons in need of care, support, or supervision may live together to receive assistance, more particularly described a. Small Group Home for the Developmentally Disabled: A public Group Home, nonprofit private Group Home, or alternative living unit that is conclusivelyat single- family residence designed to accommodate not less than four (4) and not more than eight (8) persons with a developmental disability pursuant to Md.Code Ann., Health- General $7-101 etseq.. which provides ten (10) or morel hourso ofsupervision per week and residential services for individuals who, because of a developmental disability, b. Small Private Group Home for the Mentally Disabled: A private Group Home that is conclusively a single-family dwelling designed to accommodate not less than four (4) and not more than nine (9) persons currently receiving or having had received treatment for a mental disorder as defined inj Md. Code Ann., Health-General $10- Large Private Group Home for the Mentally Disabled: A private Group Home that ssmdlashsamlfamiv dwelling designed to accommodate not less than ten (10) persons and not more than sixteen (16) persons currently receiving or having had received treatment for a mental disorder as defined in Md. Code Ann., Health-  as follows:  require specialized living arrangements:  101();and  General 81 10-101(1).  Halfway House - a clinically managed, low-intensity residential treatment service for individuals with substance-related disorders. as defined by Md. Code Ann., Health-General $8-101 and licensed by the Maryland Secretary of Health pursuant to Md. Code Ann., Health-General $$7.5-101, etseq. and 8-405, who are capable ofself-care but are not ready a. Small Halfway House: A Halfway House that admits not less than four (4) but not b. Large Halfway House: A Halfway House that admits not less than nine (9) but not  fori independent living, more particularly described as follows:  more than eight (8) individuals: and more than sixteen (16individuals.  "Intermediate Care Institutions" is repealed in its entirety and redefined as follows:  Intermediate Care Facility = an institution or home-based facility licensed pursuant to Md. Code Ann., Health-General 81 1938dssprovidins accommodations for not less than two  9    (2) unrelated persons who are dependent on the administrator. operator, or proprietor for nursing care, or the subsistence of daily living in a safe, sanitary, and healthful environment, a. maintains conditions or facilities and equipment to provide domiciliary, personal, or  and more specifically:  nursing care;  b. admits or retains the individuals for overnight care;  C. shall be classified as a care home or nursing home pursuant to Md. Code Ann., d. obtains a Certificate of Need where applicable under Md. Code Ann., Health-General  Health-General S 19-307(b); and  $19-120.  Nursing Care Institution! Facility alypeofintermediate care facility, licensed under Md. Code Ann., Health-General Article 8 19-319, for the purpose of providing skilled nursing care for two (2)or more unrelated individuals and medical supervision; that is ordered by a physician and provided by a registered or practical nurse at a lower, level than that available in al hospital, in  addition to room and board.  580  Personal Care = a service that an individual normally would perform, but for which the individual needs help from another because of advanced aged, infirmity, or physical or mental limitation, including, but not limited to, help in walking, getting in and out of bed,  bathing, dressing feeding, and general supervision, and in daily living.  -  Recovery Residence = as defined by Md. Code Ann., Hal-Smmals7sJ0Ie. as service that provides alcohol-free and illicit-drug-free housing to individuals with substance-related disorders, addictive disorders, or co-occurring mental disorders, substance-related disorders, and/or addictive disorders. and does not include clinical treatment services. Residential Care Home- A type ofintermediate care facility that provides care toi individuals who, because of advanced age or physical or mental disability, require domiciliary careor SECTION4. Table 1: Permitted Uses by Zoning District of the Unified Development Code is hereby amended to incorporate the amendments set forth in Sections 1,2, and 3, as shown in Exhibit A attached hereto and incorporated herein by reference as ifi fully set forth.  personal care in a protective environment.  10    SECTION 5. Table 2: Permitted Uses by Zoning Subdistrict in the Downtown/Waterfront Development District of the Unified Development Code is hereby amended to incorporate the amendments set forth in Sections 1, 2, and 3 as shown in Exhibit B attached hereto and SECTION 6. The recitals to this Ordinance are incorporated herein and deemed a substantive part SECTION7. In this Ordinance, unless a section oft the UDC is expressly repealed in its entirety and reenacted, new or added language is underlined and in boldface type, and deleted text is crossed out with a single strikethrough. With respect to the substantive provisions of this Ordinance set forth in Section 1, language added after the date ofintroduction is in bold,italicized font and language deleted after the date ofintroduction is crossed out with a double strikethrough. SECTION8. Ifany section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance, it being the intent ofthe Commissioners of Cambridge that this Ordinance shall stand, notwithstanding the invalidity of any section, SECTION9. All ordinances or parts of ordinances inconsistent with the provisions of this SECTION: 10. The title ofthis Ordinance, or a condensed version thereof, shall be deemed to be, AND BE IT FURTHER enacted and ordained that this Ordinance shall become effective on the  incorporated herein by reference as iffully set forth.  oft this Ordinance.  subsection, sentence, clause, phrase, or portion hereof.  o  Ordinance arel hereby repealed to the extent ofsuchinçonsistency.  and is, a fair summary oft this Ordinance for publication and all other purposes.  tenth (10") day following the dateofpassage.  ATTEST:  THE COMMISSIONERS OF CAMBRIDGE  By:  W.Glenn S0  III, City Manager  Stephen W. Rideout, Mayor  -  Introduced the day of Passed the day of Effective the day of  2024 2024 2024  -  11    CITY OF CAMBRIDGE PLANNING COMMISSION  OFCAN AS YLAND MEETING DATE:  STAFF REPORT  Planning and Zoning Department Wednesday, November 6, 2024:6 6:00PM.  APPLICATION NO:PZ124-0002 24-0-02 Text Amendment to permit Sm. Scale & Community Solar on a wooded lot.  Nature of Request: Text Amendment to permit Small Scale and Community Solar proposals on an mostly wooded lot if the City's Forest Conservation Ordinance is utilized. Small-Scale Solar Energy System. This type of system produces less than two hundred Kilowatts (200KW) of power and utilizes less than (1) acre. A Small-Scale Solar Energy Community Solar Energy System. This type of system provides power and/ori financial benefit to, and/or is owned by multiple residents oft the community. The primary purpose of a Community Solar Energy System is to allow residents the opportunity to share the benefits ofs solar energy, eveni if they cannot, or prefer not toi install a solar  PROPOSALFOR CONCEPTUAL REVIEW:  System Includesar rooftop solar energy system of any generating  and capacity size.  energy system on their own property.  APPLICANT: PROJECT MANAGER:  City of Cambridge Brian D. Herrmann; Director  City of Cambridge Planning and Zoning Department  BACKGROUND INFORMATION:  Currently, the City's Unified Development Code (UDC) states that a Small-Scale Energy System, a Community Solar Energy System, al Medium-Scale Solar Energy System, and al Large-Scale Solar  Energy System:  Shall not be located on the. States scenic byways or on mostly wooded lots.  ASmall-Scale Solar Energy System must utilize less than (1) acre of land and is often installed ont the rooftop of a residential house, commercial building, ori industrial building. It generates electricity close to where it is used. This system has a capacity of less than two hundred Kilowatts (200KW = 0.2 MW), unless it is a "rooftop" system, which may be of any generating ACommunity Solar Energy System is a type of system that provides power and/or financial benefit to, and/or is owned by multiple residents of the community. A typical example would include a solar power project where multiple customers withina a geographic area "subscribe" to a portion of the energy produced by a shared solar array, receiving a credit on their electricity bill for the energy generated by their share. This allows them to benefit from solar power even if they can'ti install panels on their own property due to factors like roof constraints or ownership status.  capacity and size.  Application No. P4124-0002-uDCText Amendment- Permit Small Scale and Community Solar on al Wooded Lot    Planning Commission: Wednesday, November 6, 2024  Page 2of4  AMedium-Scale Solar System is a Solar Energy System that is engineered and designed to produce at least two hundred kilowatts (200kW) but less than two megawatts (2 MW) of power. AI Medium-Scale Solar Energy System shall be located on a parcel or assemblage of contiguous parcels no less than nine (9) acres in size. ALarge-Scale Solar System is engineered and designed to produce at least two megawatts (2 MW) of power. AI Large-Scale Solar Energy System shall be located on a parcel or assemblage of contiguous parcels no less than one hundred (100) acres in A1 total of 350 acres may be approved for Medium-Scale Solar, Large-Scale Solar, or Community Solar Energy Systems within the incorporated limits of the City of Cambridge. There are currently two projects that are well on their way through the development review process. If these come online, the City will have allocated nearly 300 acres to solar fields, meaning it is close to the current Since the proposed text amendment will only impact a Small-Scale Solar Energy System and a Community Solar Energy System some additional information about these two types is warranted. A Small-Scale Solar Energy System has a capacity of less than two hundred Kilowatts (200KW=0.2 MW) and must occupy less than (1) acre of land. Given these rather tight parameters the solar panels (array) is most often installed for an individual homeowner on either the roof of their residential house or somewhere on their property. Essentially, this use is geared towards occupants of single With a Community Solar Energy System each kilowatt hour of electricity thati is produced results in a net metering credit that is roughly equivalent in value to the retail cost of al kilowatt hour of electricity. The community solar project sells these net metering credits at a discount to residents and businesses in the same utility territory as the project. As a result, these residents and businesses Hypothetically, ifa net metering credit has a value of 15 cents, a community solar subscriber might receive the net metering credit at a cost of 13.5 cents, producing electricity savings for the subscriber.  size.  cap.  family homes that wish to have solar as an energy option.  are known as "community solar subscribers."  Therefore, Community solar subscribers are typically:  Renters  those who don't have a sunny roof or access to the sun; or  those who can'tafford the upfront investment in their own solar system (Small-Scale Solar In Maryland, at least 30-40% percent of the output of a community solar project must serve low to  Energy System) moderate income residents.  PROPOSED TEXT AMENDMENT: Staff proposes the following changes to the text:  Section 4.2.3 D. Miscellaneous Uses  Standards for Conditional and Special Exception Uses  Application No. PZI24-0002 - UDCText Amendment- - Permit Small Scale and Community Solar on a Wooded Lot    Planning Commission: Wednesday, November 6, 2024  Page 3of4  10. Solar Energy Systems  e.  Siting Requirements  Rooftop Small-Scale Solar Energy Systems shall not extend more than ten (10) feet above the surface oft the roof. Visual analysis and approval shall be required, including but not limited to building sections and site distance evaluations. The total height of the building or structure, including the solar collection devices, shall comply with thel height regulations established in this Ordinance. ii. Ground-mounted Solar Energy Systems shall not exceed sixteen (16) iii. Small Scale Solar Energy Systems in residential districts shall be located in a side or rear yard to the extent practicable. iv. Solar Energy Systems shall be located in such a manner to minimize adverse impacts to view sheds of historic sites and scenic corridors. V. Solar energy systems shall not be located on the State's scenic byways FPmOwpdieNs Medium and Large-Scale Solar Energy Systems shall not be located on mostly wooded lots. Small-Scale and Community Solar Energy Systems may be located on mostlywooded lots if they comply with the City's Forest Conservation Ordinance. vi. Projects that result in significant loss of prime agricultural land or undue impacts toi forests, wetlands, other natural resources, or environmentally. sensitive areas are strongly discouraged. vii. All projects within the City's Historic Preservation District are subject tor review and approval by the Historic Preservation Commission.  feet in height.  As stated previously, the aforementioned text amendment will onlyi impact the Small-Scale Solar Energy System and the Community Solar Energy System. Unlike the Medium-Scale Solar Energy System and the Large-Scale Solar Energy System these two types have direct benefits upon the residents of Cambridge. In addition, the proposed amendment includes language that states that should a proposal be sited upon a mostly wooded lot, the applicant must adhere to the City's Forest Conservation Ordinance. The result ensures that significant trees and woods are maintained around  ap proposal while also providing direct benefits tot the residents of our community. CONSISTENCY WITH THE COMPREHENSIVE PLAN:  Though this topic is not specifically identified or addressed in the City of Cambridge's Comprehensive Plan, the aforementioned changes to the text of the Unified Development Code are consistent with various facts and policy recommendations that are found int the document. These include: "The City will work in partnership with others to protect and preserve valuable natural areas, woodlands, wetlands and floodplains. The City will remove these areas from planned water and sewer service districts. The City will not grant approvals for urban development on resource lands; instead, it will apply new conservation. zoning. There is no public-interest, justification; for expanding development Application No. P4124-0002-uDCTex. Amendment - Permit Small Scale and Community Solar ona a Wooded Lot  Chapter 1 Introduction- -1 1.17 The Highlights of this Plan - page 2    Planning Commission: Wednesday, November 6, 2024  Page 4of4  beyond current City boundaries. Over the next twenty years, the City will work to create a greenbelt of natural areas and parklands around the City; a permanent recreational and natural resourcej forf future Chapter 4.6 Environmental Stewardship Policies - Farmland and Resource Value - page 62 "Much of the farmland surrounding Cambridge is designated Resource Conservation because farmland and productive soils are aresource. However, farmland is a major contributor of nutrient pollutants to the ared's waterways. Therefore, streams and stream buffers should be restored. in the farm fields that surround Cambridge. All land use must acknowledge the role that streams buffers play and these areas should be planted in native vegetation to reduce water pollution as discussed under the heading Chapter 4.6 Environmental Stewardship Policies - Greenways = page 64  generations."  Environmental Corridor ecommendctonrbeow,  "This Plan not only encourages the preservation and restoration of natural resources for the important environmental and public safety benefits they provide. It also encourages resource conservation because of the opportunity it provides for the active, thoughtful, and spiritual immersion into nature.  Connection with nature promotes health and human development. PLANNING COMMISSION RESPONSIBILITIES:  As conveyed in Subsection (2.1.2) Planning Commission (A.)Establishment of the City of Cambridge (3.)F Prepare and recommend amendments to this ordinance, including the official zoning map;"  Unified Development Code (UDC):  "The Planning Commission shall have the authority to:  SUPPORTING DIAGRAMS, ILLUSTRATIONS & TABLES: PLANNING AND ZONING COMMISSION ACTION: SUMMARY OF PUBLIC COMMENTS OR INQUIRIES: Staff has not received any public comments or questionsregarding this project.  N/A.  PZT24-0002 - Text Amendment to the City of Cambridge Unified Development Code  STAFF RECOMMENDATION:  This text amendment will only impact a Small-Scale Solar Energy System and a Community Solar Energy System. Should an applicant locate their site on a mostly wooded lot then they must comply with the City's Forest Conservation Ordinance. As a result, solar is permitted at the individual and community scale while insuring that the site in which this takes place must still maintain a wooded In addition, both systems provide direct benefits to the residents of Cambridge, whether on their property or through the service that is offered. Finally, In Maryland, Community Solar is required to ensure that at least 30-40% percent ofi its output will serve "low" to "moderate" income residents. Based on the above statement the staff feels as though the proposed amendment to the text of the Unified Development Code is necessary and should receive a recommendation for approval from  lot comprised of significant trees around the solar energy system.  the City's Planning and Zoning Commission.  Application No. PZI24-0002- - UDCText. Amendment- - Permit Small! Scale and Community! Solar ona a' Wooded Lot    S U  -  a    2    -        3 -        o  I  I  -    € < 6  - 8 -  0ç @  a 9  0    N  I  IHN Vas