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File #: O-8-18    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 1/24/2018 In control: Environmental Matters Committee
On agenda: 4/29/2019 Final action: 4/29/2019
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.
Sponsors: Ross Arnett, Rob Savidge, Marc Rodriguez
Indexes: Education Commission, Housing and Human Welfare Committee, Rules and City Government Committee, Transportation Committee
Attachments: 1. O-8-18 Adequate School Facilities Standards.pdf, 2. O-8-18 Staff Report.pdf, 3. O-8-18 Fiscal Impact.pdf, 4. O-8-18 Amendment No. 1 Arnett, Savidge.pdf, 5. O-8-18 Amendment No. 2 Henson, Tierney, Savidge, Finlayson, Arnett, Rodriguez, Paone.pdf, 6. O-8-18 Amendment No. 3 Finlayson.pdf, 7. O-8-18 Amendment No. 4 Rodriguez, Savidge, Arnett.pdf, 8. O-8-18 Amendment No. 5 Savidge.pdf, 9. O-8-18 Amendment No. 6 Buckley, Tierney, Finlayson, Rodriguez.pdf, 10. O-8-18 Amendment No. 7 Buckley, Tierney, Finlayson, Rodriguez.pdf, 11. O-8-18 SIGNED.pdf
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
4/29/20191 City Council adopt on second readerPass Action details Meeting details Video Video
4/29/20191 City Council amendedPass Action details Meeting details Video Video
4/29/20191 City Council amendedPass Action details Meeting details Video Video
4/29/20191 City Council amendedPass Action details Meeting details Video Video
4/29/20191 City Council amendedPass Action details Meeting details Video Video
4/29/20191 City Council amendedPass Action details Meeting details Video Video
4/29/20191 City Council adopt as amendedPass Action details Meeting details Video Video
4/29/20191 City Council amendedPass Action details Meeting details Video Video
4/29/20191 City Council adopt on third readerPass Action details Meeting details Video Video
2/11/20191 City Council postponePass Action details Meeting details Video Video
2/11/20191 City Council    Action details Meeting details Video Video
12/10/20181 City Council postponePass Action details Meeting details Not available
11/8/20181 Transportation Committee return without recommendation  Action details Meeting details Video Video
10/2/20181 Rules & City Government Committee recommend with amendmentsPass Action details Meeting details Video Video
10/2/20181 Rules & City Government Committee amendment(s) approvedPass Action details Meeting details Video Video
9/18/20181 Housing and Human Welfare postponePass Action details Meeting details Video Video
9/18/20181 Housing and Human Welfare recommend favorably  Action details Meeting details Video Video
7/17/20181 Housing and Human Welfare postponePass Action details Meeting details Video Video
7/10/20181 Rules & City Government Committee postponePass Action details Meeting details Video Video
4/23/20181 City Council declare the public hearing closed  Action details Meeting details Video Video
4/9/20181 City Council declare the public hearing left open  Action details Meeting details Video Video
3/19/20181 City Council declare the public hearing left open  Action details Meeting details Video Video
3/12/20181 City Council declare the public hearing left open  Action details Meeting details Video Video
3/12/20181 City Council refer  Action details Meeting details Video Video
2/12/20181 City Council adopt on first readerPass Action details Meeting details Not available
2/12/20181 City Council refer  Action details Meeting details Not available
2/12/20181 City Council refer  Action details Meeting details Not available

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.