Title
Adequate Public Facilities - Adequate School Facilities - Standards - For the purpose of amending the test for additional school capacity by requiring schools with enrollment greater than ninety five percent of the State-Rated Capacity to be listed as closed on the annual school utilization chart; and matters generally relating to adequate school facilities.
Body
CITY COUNCIL OF THE
City of Annapolis
Ordinance 8-18
Introduced by: Aldermen Arnett, Rodriguez and Savidge
Referred to
Rules and City Government Committee
Transportation Committee
AN ORDINANCE concerning
Adequate Public Facilities - Adequate School Facilities - Standards
FOR the purpose of amending the test for additional school capacity by requiring schools with enrollment greater than ninety five percent of the State-Rated Capacity to be listed as closed on the annual school utilization chart; and matters generally relating to adequate school facilities.
BY repealing and re-enacting with amendments the following portions of the Code of the City of Annapolis, 2018 Edition
22.25.030
22.25.040
SECTION I: BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the Code of the City of Annapolis shall be amended to read as follows:
TITLE 22 - ADEQUATE PUBLIC FACILITIES
Chapter 22.25 - REVIEW CRITERIA AND CERTIFICATION FOR ADEQUATE SCHOOL FACILITIES
Section 22.25.030 - Exemptions.
The following are exempt from the requirements of this chapter:
A. Non-residential projects;
B. Residential subdivisions if no new dwelling unit potential is created;
C. EFFICIENCY AND ONE BEDROOM DWELLING UNITS WITHIN THE PROPOSED DEVELOPMENT;
D. Institutions for the care of the aged;
E. Proposed projects in (1) the arts and entertainment district and (2) the boundaries as established by the Main Street Maryland Letter of Agreement for Designated Communities as shown on the Annapolis Main Street District Map dated 3/9/16;
F. Age-restricted residential projects; and
G. Proposed projects that have received a certificate of adequate public facilities prior to the effective date of Ordinance 36-15.; AND
H. PROPERTIES DEVELOPED PURSUANT TO TITLE 42, CHAPTER 8 OF THE UNITED STATES CODE LOW INCOME HOUSING PROGRAM, OR SECTION 42 OF THE INTERNAL REVENUE CODE LOW INCOME HOUSING TAX CREDIT PROGRAM, AS LONG AS SCHOOL PUPIL GENERATION FACTORS YIELD PER UNIT CONTAINED IN THE ANNE ARUNDEL COUNTY EDUCATIONAL FACILITIES MASTER PLAN, IS CURRENTLY OR PROJECTED TO BE UNDER 120% CAPACITY FOR ANY INDIVIDUAL SCHOOL SERVING THE AREA TO BE DEVELOPED.
Section 22.25.040 - Standards.
A. The creation of a school utilization chart in accordance with paragraph D. of this section, shall occur on January 1 and July 1 of each year. The Director of Planning and Zoning shall prepare a school utilization chart for use on both of these dates each year.
B. Testing for adequate school capacities is prepared by the Director of Planning and Zoning and is based on the school utilization chart, as described in paragraph D. below.
C. Notwithstanding the definition of "proposed project" in Section 22.04.010, residential developments exceeding elevenFIVE dwelling units shall not be approved at locations where:
1. The enrollment at the elementary and middle schools that serve the site, plus INCLUDING ENROLLMENT AT THE ELEMENTARY AND MIDDLE SCHOOLS from the PROPOSED development proposed by the application, AND the number of elementary and middle schools students expected to attend based on the school pupil generation factors yield per unit contained in the Anne Arundel County Educational Facilities Master Plan, is currently or projected to be equal to or greater than one hundred NINETYfive percent of the state rated capacity within three years, EXCEPT THAT STUDENTS WHO DO NOT RESIDE IN THE FEEDER SYSTEM ARE EXCLUDED FROM THE CALCULATION; and
2. The enrollment at the high school that serves the site, plus INCLUDING ENROLLMENT AT THE HIGH SCHOOL from the PROPOSED development proposed by the application AND the number of high school students expected to attend based on the school pupil generation factors yield per unit contained in the Anne Arundel County Educational Facilities Master Plan, is currently or projected to be equal to or greater than one hundred twenty NINETY FIVE percent of the state rated capacity within three years., EXCEPT THAT STUDENTS WHO DO NOT RESIDE IN THE FEEDER SYSTEM ARE EXCLUDED FROM THE CALCULATION.
D. EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, The THE school capacity used in the school utilization chart shall include the following and shall not vary in substance from the information included in the Anne Arundel County Educational Facilities Master Plan, unless the variation is confirmed in writing by the Superintendent of the School Board, or his THE SUPERINTENDENT’S designee, or approved by resolution of the City Council:”
1. The existing capacity of the school based on the program requirements of the Anne Arundel County Board of Education; and
2. Enrollment as of September 30; and
3. Projected enrollment for the subsequent three years as provided by Anne Arundel County Schools; and
4. Any applicable future capacity if:
a. A contract for construction of the school or an addition to the school necessary to achieve the future capacity has been awarded; and
b. The Board of Education estimates that the construction will be completed in time to be used for the beginning of classes in the school year in which the future capacity is included in the school utilization chart; and
c. THE CAPACITY DOESDoes not include capacity based on temporary or relocatable structures.
SECTION II: AND BE IT FURTHER ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL THAT THIS ORDINANCE SHALL NOT APPLY TO ANY PROJECT THAT HAS RECEIVED A CERTIFICATE OF ADEQUACY FROM THE DEPARTMENT OF PLANNING & ZONING PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE.
SECTION III: 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
UPPERCASE indicates matter added to existing law.
[Strikethrough] indicates matter stricken from existing law.
Underlining indicates amendments.