Share to Facebook Share to Twitter Bookmark and Share
File #: O-19-21    Version: 1 Name:
Type: Ordinance Status: Failed
File created: 5/18/2021 In control: Rules & City Government Committee
On agenda: 9/13/2021 Final action:
Title: Development Application Procedures - For the purpose of providing for community benefit input in the review of proposed development applications.
Sponsors: Ross Arnett, Rob Savidge
Indexes: Housing and Human Welfare Committee, Planning Commission, Rules and City Government Committee
Attachments: 1. O-19-21 First Reader, 2. O-19-21 Staff Report, 3. O-19-21 Fiscal Impact Note, 4. O-19-21 Staff Report to PC, 5. O-19-21 PC Findings to CC, 6. O-19-21 Amendments 1-3 Finlayson, Savidge, Arnett

Title

Development Application Procedures - For the purpose of providing for community benefit input in the review of proposed development applications. 

Body

CITY COUNCIL OF THE

City of Annapolis

 

Ordinance 19-21

 

Introduced by: Alderman Arnett

Co-sponsored by: Alderman Savidge

 

Referred to

Planning Commission

Housing and Human Welfare Committee

Rules and City Government Committee

180 day Rule:___________

 

AN ORDINANCE concerning

 

Development Application Procedures

 

FOR                     the purpose of providing for community benefit input in the review of proposed development applications.

 

BY                     repealing and reenacting with amendments the following portions of the Code of the City of Annapolis, 2021 Edition

21.10.010

 

 

WHEREAS,                     the Annapolis City Council desires to promote discussions between real estate developers and the community surrounding significant developments early in the design process; and

 

WHEREAS,                     numerous parties among both the development community and the general public have remarked to the City Council on the importance of the City having a uniform review processes among different types of development review applications; and

 

WHEREAS,                     the Annapolis City Council wishes greater public input and review of Major Site Design proposals.

 

 

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 21 - PLANNING AND ZONING

Chapter 21.10 - GENERAL APPLICATION PROCEDURES AND FEES

Section 21.10.010 - Common procedures for review of applications.

 

Applications submitted for review and approval pursuant to the Zoning Code will be processed in accordance with the procedures of this section and any other procedures that are established in a Division II chapter in connection with a specific zoning application. The specific procedures established in other Division II chapters may reference sections of the common procedures for review of applications.

 

A.                     Pre-application Conference. The purpose of a pre-application conference shall be to acquaint the Planning and Zoning Director with a potential application and to acquaint the potential applicant with the requirements of the zoning code, building codes, and other relevant criteria and procedures. A pre-application conference shall not be an exhaustive review of all potential issues. The pre-application conference is informational only, and is not an approval in any manner of a proposal. Prior to the submission of an application required by the zoning code, a pre-application conference with the Planning and Zoning Director shall be in accordance with the following:

1.                     Required Conference. A pre-application conference with the Planning and Zoning Director shall be held for the following types of applications:

a.                     Major site design plan applications.

b.                     Planned development applications.

c.                     Zoning map or text amendments.

2.                     Optional Conference. For all other applications, the Planning and Zoning Director may hold a pre-application conference.

B.                     Community Meeting. The purpose of a community meeting is to inform persons and community associations, including but not limited to, homeowners associations, condominium associations, resident associations, and business associations. The prospective applicant shall address the items identified by the Planning and Zoning Director's checklist and receive comments and concerns about the development proposal so that the prospective applicant may become aware of those comments and concerns before submission and formal consideration of the application. The list of associations and their contact information shall be maintained by the Office of the Mayor.

1.                     Required Community Meeting. A community meeting shall be held before submission of an application that requires a certificate of adequate public facilities under Title 22 of the City Code and for a proposed subdivision that will contain a new street.

2.                     Optional Community Meeting. For all other types of applications, a community meeting shall be optional. Whenever a required community meeting is held, the prospective applicant may hold additional optional community meetings.

3.                     Before a community meeting may be held, the prospective applicant shall provide notice in accordance with Section 21.10.020(A) and (B) of this Code. A community meeting shall be held not earlier than one year prior to submission of an application and no later than fourteen days prior to submission of an application.

4.                     A prospective applicant who has conducted a community meeting shall provide a written summary of the community meeting to the Planning and Zoning Director within thirty days after the conclusion of the community meeting, unless already submitted with the application. The written summary shall include a list of meeting attendees, a summary of attendee comments, an overview of discussions related to the development proposal, and any other information the prospective applicant deems appropriate. The written summary shall be submitted with the application and be made available by the Planning and Zoning Director for public inspection. Anyone attending the community meeting may submit a written response to the prospective applicant's summary to the Planning and Zoning Director, which response the Planning and Zoning Director shall include with the application file. If an application is not filed within one year after a community meeting occurs, then before an application is filed, the prospective applicant shall hold another community meeting to be conducted in accordance with the provisions of this section.

 

5.                     WITHIN 30 DAYS AFTER THE COMPLETION OF THE REQUIRED COMMUNITY MEETING, THE ALDERPERSON FOR EACH WARD IN WHICH THE DEVELOPMENT IS PROPOSED MAY CONVENE A DIVERSE COMMITTEE OF RESIDENTS AND BUSINESS REPRESENTATIVES TO MEET WITH THE APPLICANT TO REVIEW THE PROJECT PLANS AND IDENTIFY SPECIFIC COMMUNITY BENEFITS.  IF A MEETING IS CONVENED, A WRITTEN REPORT SHALL BE SUBMITTED BY THE COMMITTEE TO PLANNING AND ZONING.

 

C.                     Application Forms and Submittals. All applications required under this Zoning Code shall be submitted with all required information on such forms, and in such number, as required by the Planning and Zoning Director. The Planning and Zoning Director shall have the authority to request additional information not specifically listed on the application forms to ensure compliance with this code. All applications shall be accompanied by required application fees in accordance with Section 21.10.050.

D.                     Review for Completeness. All applications shall be submitted to the Planning and Zoning Director. Within no more than fifteen days of receipt of an application, the Planning and Zoning Director shall determine whether the application is complete. If the Planning and Zoning Director determines that the application is not complete, the Director shall promptly notify the applicant in writing, specifying the deficiencies of the application, including any additional information that must be supplied and that no further action shall be taken by the City on the application until the deficiencies are corrected.

E.                     Correction of Deficiencies. If the applicant fails to correct the specified deficiencies within fifteen days of the date of notification of deficiency, the application shall be deemed withdrawn and shall be returned to the applicant. The Planning and Zoning Director, upon written request, may, for good cause shown and without any notice or hearing, grant extensions of the maximum fifteen day time limit for remedying deficiencies.

F.                     Staff Review and Report. If staff reports are provided for as part of the procedures for a specific type of application required by the Zoning Code, the Planning and Zoning Director shall circulate an application for review by the Planning and Zoning Department and by any other City department that the Planning and Zoning Director or the decision making body deems appropriate.

G.                     Application Forwarded to Decision-Making Body. Any application submitted to the Planning and Zoning Director for decision by the Planning Commission, Board of Appeals, or other decision making bodies shall be forwarded to that decision making body after the Director determines the application is complete.

H.                     Coordinated Processing of Applications. If more than one type of application is required pursuant to the Zoning Code, the Planning and Zoning Director shall, to the extent possible, simultaneously process applications related to the same proposed development or activity, as long as all Zoning Code requirements for a particular application are satisfied. However, if the application requires Historic Preservation Commission approval, that approval shall be last.

 

 

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:

UPPERCASE indicates matter added to existing law.

Strikethrough indicates matter stricken from existing law.

Underlining indicates amendments.