File #: O-40-15    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 7/22/2015 In control: Economic Matters Committee
On agenda: 12/7/2015 Final action: 12/7/2015
Title: Waterfront Maritime Conservation District - For the purpose of amending Retail Use, the Standards for Uses Subject to Standards and Parking Requirements in the WMC Zoning District.
Sponsors: Michael J. Pantelides, Joe Budge, Rhonda Pindell Charles, Sheila Finlayson
Indexes: Economic Matters Committee, Maritime Advisory Board, Rules and City Government Committee
Attachments: 1. O-40-15 Waterfront Maritime Conservation District.pdf, 2. O-40-15 Staff Report.pdf, 3. O-40-15 Fiscal Impact .pdf, 4. O-40-15 PC Signed Findings.pdf, 5. O-40-15 Staff Report to PC.pdf, 6. O-40-15 Pantelides, Budge, Arnett Proposed Amendments.pdf, 7. O-40-15 Pantelides, Budge, Arnett Track Changes Proposed Amended Ordinance.pdf, 8. O-40-15 MAB Recommendations.pdf, 9. O-40-15 Signed.pdf
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
12/7/20151 City Council adopt on second readerPass Action details Meeting details Video Video
12/7/20151 City Council amendment(s) approvedPass Action details Meeting details Video Video
12/7/20151 City Council amendedPass Action details Meeting details Video Video
12/7/20151 City Council adopt on third readerPass Action details Meeting details Video Video
12/7/20151 City Council approvePass Action details Meeting details Video Video
12/7/20151 City Council    Action details Meeting details Video Video
12/1/20151 Economic Matters Committee recommend with amendmentsPass Action details Meeting details Video Video
12/1/20151 Rules & City Government Committee recommend with amendmentsPass Action details Meeting details Video Video
11/23/20151 City Council declare the public hearing closed  Action details Meeting details Video Video
11/20/20151 City Council refer  Action details Meeting details Not available
11/16/20151 Economic Matters Committee postponePass Action details Meeting details Video Video
11/9/20151 City Council declare the public hearing left open  Action details Meeting details Video Video
10/26/20151 City Council declare the public hearing left open  Action details Meeting details Video Video
10/19/20151 Maritime Advisory Board recommend with amendments  Action details Meeting details Not available
7/27/20151 City Council adopt on first readerPass Action details Meeting details Video Video
7/27/20151 City Council refer  Action details Meeting details Video Video
7/27/20151 City Council refer  Action details Meeting details Video Video

Title

Waterfront Maritime Conservation District - For the purpose of amending Retail Use, the Standards for Uses Subject to Standards and Parking Requirements in the WMC Zoning District.

Body

CITY COUNCIL OF THE

City of Annapolis

 

Ordinance 40-15

 

Sponsored by: Mayor Pantelides, Alderman Budge

 

Referred to

Rules and City Government

 

AN ORDINANCE concerning

 

Waterfront Maritime Conservation District

 

FOR                     the purpose of amending Retail Use, the Standards for Uses Subject to Standards and Parking Requirements in the WMC Zoning District.

 

BY                     repealing and re-enacting with amendments the following portions of the Code of the City of Annapolis, 2014 Edition

 

Section 21.46.020B

Section 21.48.040B

Section 21.64.540F

Section 21.64.550A

 

BY                     adding the following portion to the Code of the City of Annapolis, 2014 Edition

 

Section 21.66.130 Table Note 6

 

WHEREAS, the Waterfront Maritime Conservation (WMC) zoning district lies at the focus of Annapolis’s downtown business, historical, and maritime area; and

 

WHEREAS, the WMC zoning district was established to preserve the maritime industry in the heart of downtown; and

 

WHEREAS, the Annapolis City Council wishes to clarify confusion that has arisen over the mix of uses in the WMC zoning district; and

 

WHEREAS, the Annapolis City Council believes on-site parking requirements in the WMC district should be similar to those in the surrounding downtown; and

 

WHEREAS, the Annapolis City Council believes that retail uses attendant to a vibrant local economy require the application of flexibility to how retail businesses address the community’s needs through property use.

 

NOW THEREFORE

 

SECTION I: BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the Code of the City of Annapolis shall be amended as follows:

 

 

21.46  WATERFRONT MARITIME DISTRICTS

21.46.020  WMC Waterfront Maritime Conservation district.

 

REVISOR’S NOTE:  In this Section, the uses found in 21.46.020B are amended.  No other changes are made to this Section.

 

B.  Uses.  Uses that may be permitted in the WMC District are set forth in the table of uses for Waterfront Maritime Districts in Chapter 21.48.

 

1.                     RETAIL SALES OF NON MARITIME-RELATED GOODS AND USES ARE ALLOWED IN THE WMC DISTRICT PROVIDED THAT THE MARITIME USES ON THE LOT COMPRISE A MINIMUM OF FORTY PERCENT OF THE GROSS FLOOR AREA ON THE LOT. 

 

2.                     MULTIPLE MARITIME USES, RESTAURANT AND RETAIL SALES OF NON MARITIME-RELATED GOODS MAY EXIST ON THE SAME LOT AT THE SAME TIME PROVIDED THAT THE MARITIME USES COMPRISE A MINIMUM OF FORTY PERCENT OF THE GROSS FLOOR AREA ON THE LOT.

 

 

21.48 - USE TABLES

21.48.040  -  Waterfront Maritime Zoning Districts

 

REVISOR’S NOTE:  In this Section, the use found in 21.48.040B - “Retail sales of non maritime-related goods” is amended.  No other changes are made to this Section.

 

 

District WMC

District WMM3

District WMI3

District WME

B.  Other uses:

 

 

 

 

Accessory uses

A

A

 

 

Antenna towers

 

 

P-Std, S-Std

 

Antennas and amateur radio stations

A-Std

A-Std

A-Std

A-Std

Delicatessen

 

 

A-Std

A-Std

Food service marts

 

 

A-Std

A-Std

Governmental uses:

 

 

 

 

Parks and recreation facilities

P

 

P

P

Parking structures as accessory to permitted maritime uses on a separate zoning lot

 

S-Std

 

 

Professional offices

 

S-Std

 

 

Restaurant, standard

S-Std

S-Std

 

S-Std

Retail sales of non maritime-related goods

S-Std P-Std

S-Std

 

 

Telecommunications facilities

A-Std

A-Std

A-Std

A-Std

Temporary uses

P-Std

P-Std

P-Std

P-Std

Transient boater services, such as laundry, pool, recreation facilities and sales of convenience items

 

 

A-Std

 

 

 

21.64 - STANDARDS FOR USES SUBJECT TO STANDARDS

21.64.540 - Restaurants, Standard.

 

REVISOR’S NOTE:  In this Section, the standards for uses found in 21.64.540F are amended.  No other changes are made to this Section.

 

F.    WMC District.  In the WMC district the following standards apply:

 

1.                     The use may only be provided in combination with a principal permitted use MARITIME PERMITTED USE PER SECTION 21.48.040A.1.-9. THAT OCCUPIES A MINIMUM OF FORTY PERCENT OF THE TOTAL GROSS FLOOR AREA ON THE LOT.

 

2.                     The use may occupy no more than thirty percent of the total gross floor area on the lot.  OUTDOOR DINING AND ROOFTOP DINING MAY BE PERMITTED SUBJECT TO THE FOLLOWING:

 

a.                     ALCOHOLIC BEVERAGES SHALL BE SERVED ONLY IN CONJUNCTION WITH THE SERVICE OF FOOD.

 

b.                     HOURS OF OPERATION SHALL BE LIMITED TO TWO A.M., SEVEN DAYS A WEEK.

 

c.                     NO DANCING OR LIVE ENTERTAINMENT AND NO SPEAKERS OR PUBLIC ADDRESS SYSTEM SHALL BE ALLOWED, EXCEPT LOW LEVEL BACKGROUND MUSIC.

 

d.                     NO PORTION OF A ROOFTOP DINING AREA MAY BE LOCATED ANY CLOSER THAN SEVENTY-FIVE FEET FROM A RESIDENTIAL STRUCTURE, MEASURED HORIZONTALLY AT GRADE.

 

e.                     NEITHER THE OUTDOOR DINING AREA NOR THE ROOFTOP DINING AREA MAY HAVE MORE THAN SEVENTY-FIVE PERCENT OF THE NUMBER OF SEATS OF THE INDOOR RESTAURANT AREA.

 

f.                     LIGHTING SHALL BE DIRECTED AWAY FROM THE ADJOINING PROPERTIES AND STREETS AND DESIGNED TO MINIMIZE GLARE.  ALL LIGHTING SHALL BE AT OR BELOW RAILING LEVEL.

 

g.                     THE DESIGN OF THE ROOFTOP DINING AREA SHALL INCLUDE NOISE MITIGATION MEASURES THAT WILL MINIMIZE ADVERSE IMPACTS ON ADJOINING PROPERTIES.

                     

3.                     In conjunction with approval of this use the applicant shall construct and maintain a public pedestrian walkway in accordance with the standards set forth in Section 21.62.020130, EXCEPT THAT STRUCTURES IN EXISTENCE AS OF AUGUST 24, 1987 LOCATED WITHIN THE PUBLIC PEDESTRIAN WALKWAY SHALL COMPLY TO THE EXTENT PRACTICABLE.

 

 

21.64 - STANDARDS FOR USES SUBJECT TO STANDARDS

21.64.550 - Retail sales of non maritime-related goods.

 

A.  WMC District.

 

1.                     In structures in existence as of August 24, 1987 this use may not exceed thirtySIXTY percent of the total gross floor area of development of the lot.

 

2.                      In structures constructed after August 24, 1987 this use may not exceed twenty-five percent of the total gross floor area of development of the lotIN CONJUNCTION WITH APPROVAL OF THIS USE THE APPLICANT SHALL CONSTRUCT AND MAINTAIN A PUBLIC PEDESTRIAN WALKWAY IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SECTION 21.62.130, EXCEPT THAT STRUCTURES IN EXISTENCE AS OF AUGUST 24, 1987 LOCATED WITHIN THE PUBLIC PEDESTRIAN WALKWAY SHALL COMPLY TO THE EXTENT PRACTICABLE.

 

3.                     In conjunction with approval of this use the applicant shall construct and maintain a public pedestrian walkway in accordance with the standards set forth in Section 21.62.130.

 

REVISOR’S NOTE:  In this Section, the Standards for Uses found in 21.64.550A are amended.  No other changes are made to this Section.

 

 

 

21.66 - PARKING AND LOADING REGULATIONS

21.66.130  Table of off-street parking requirements.

 

REVISOR’S NOTE:  In this Section, a new Table Note 6 is added to the Notes at the end of the Table of off-street parking requirements.  No other changes are made to this Section.

 

Table Notes:

 

6.                     WMC DISTRICT.  OFF-STREET PARKING FACILITIES ARE NOT REQUIRED IN THE WMC DISTRICT EXCEPT THAT USES CONTAINING FIFTEEN THOUSAND FEET OR MORE OF FLOOR AREA MUST PROVIDE 15 PARKING SPACES, PLUS ONE SPACE FOR EACH ADDITIONAL FIVE HUNDRED SQUARE FEET OF FLOOR AREA.

 

 

SECTION II:                      AND BE IT FURTHER ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that this Ordinance shall take effect from the date of its passage.

 

 

EXPLANATION

CAPITAL LETTERS indicate matter added to existing law.

Strikethrough indicates matter stricken from existing law.

Underlining indicates amendments