Article VI Floating Zone Districts

Growth allocation available to the Town includes:

An area equal to 5% of the RCA acreage located within the Town; and

Growth allocation available to the Town as provided for by the County.

The Town's original allotted Growth Allocation acreage is 245 acres. To date, the Town has used 76.07 acres. The Town's Growth Allocation acreage remaining is 168.93, as of the date of passage of this chapter.

[Amended 2-10-2021 by Ord. No. 519]

The Town shall deduct acreage from its growth allocation reserves in accordance with COMAR 27.01.02.06-4.

Requirements. When locating new IDAs or LDAs, the following requirements apply:

Except as provided in Subsection C(4) below, a new IDA shall be at least 20 acres.

No more than 1/2 of the Town's growth allocation may be located in RCAs except as provided in Subsection C(3) below.

If the Town is unable to utilize a portion of its growth allocation as set out in Subsection C(2) above, then that portion of the growth allocation which cannot be so located may be located in the RCA if the growth allocation is consistent with the St. Michaels Comprehensive Plan, as per Md Code Ann, Nat Res § 8-1808.1.

The Town Commissioners recognize that the Town may not be able to meet the 20 acre size threshold set forth in Subsection C(1) above or locate a new IDA as outlined in Subsection D(1). If the Town is unable to satisfy any or all of the minimum size and location criteria, the Town may utilize a portion of its growth allocation in a manner that varies from Subsections C(1) and D(1), provided that the area receiving growth allocation meets the following standards:

Any development will be serviced by public water and sewer;

The area is located in a priority funding area;

The development is consistent with the St. Michaels Comprehensive Plan; and

The development will have an overall economic benefit to the community, or implements a specific goal, objective, or policy of the St. Michaels Comprehensive Plan.

Standards. When locating new IDAs or LDAs, the following standards shall apply:

Except as note in Subsection C(4) above, a new IDA shall only be located in an LDA or adjacent to an existing IDA.

A new LDA shall only be located adjacent to an existing LDA or an IDA.

A new LDA or IDA shall be located in a manner that minimizes impacts to HPA as defined herein and in COMAR 27.01.09 and in an area and manner that optimizes benefits to water quality;

A new IDAs shall only be located where they minimize their impacts to the defined land uses of the RCA;

A new IDA or an LDA in an RCA shall be located at least 300 feet beyond the landward edge of tidal wetlands or tidal waters unless the Town Commissioners propose, and the Critical Area Commission approves, alternative measures for enhancement of water quality and habitat that provide greater benefits to the resources; and

New intensely developed or LDAs to be located in RCAs shall conform to all criteria of St. Michaels for such areas, shall be so designated on the St. Michaels critical area Maps and shall constitute an amendment to this chapter subject to review and approval by the St. Michaels Planning Commission, the Town Commissioners, and the critical area Commission as provided herein.

Additional factors. In reviewing map amendments or refinements involving the use of growth allocation, the Town Commissioners shall consider the following factors:

Consistency with St. Michaels Comprehensive Plan and whether the growth allocation would implement the goals and objectives of the adopted plan.

For a map amendment or refinement involving a new LDA, whether the development is:

To be served by a public wastewater system or septic system that uses the best available nitrogen removal technology;

Completion of an existing subdivision;

An expansion of an existing business; or

To be clustered.

For a map amendment or refinement involving a new IDA, whether the development is:

To be served by a public wastewater system;

If greater than 20 acres, to be located in a designated priority funding area; and

To have a demonstrable economic benefit.

The use of existing public infrastructure, where practical;

Consistency with state and regional environmental protection policies concerning the protection of threatened and endangered species and species in need of conservation that may be located on or off site;

Impacts on a priority preservation area;

Environmental impacts associated with wastewater and stormwater management practices and wastewater and stormwater discharges to tidal waters, tidal wetlands, and tributary streams; and

(8)

Environmental impacts associated with a location in a coastal hazard area or an increased risk of severe flooding attributable to the proposed development.

Application.

An application for the GA Floating Zone shall include the following submissions:

The subdivision history of parcels designated as RCA. The date of December 1, 1985, is the date used for the original critical area mapping and shall be used as a beginning point of analysis;

Concept plan, as provided in Subsection F(2) below;

Information required by COMAR 27.01.02.06-1;

Environmental report as per COMAR 27.01.02.06-2; and

Such other information and documentation as the Planning Commission or the Town Commissioners may require.

(f)

Ten copies of the application for the GA Floating Zone and all required submissions submitted to the Town Commissioners.

Concept plans. Unless waived by the Planning Commission at the request of the applicant, concept plans accompanying applications for the GA Floating Zone shall include the following information:

Boundary survey, including identification of adjacent property owners;

Existing condition, including:

Topographic survey (minimum one feet contour interval);

Soils;

Forested areas and tree lines;

Wetlands, wetland buffers, floodplain, hydric soils, streams, and water features;

Habitat protection areas;

Steep slopes;

Easements and deed restrictions;

[8]

Roads, driveways, and rights-of-way;

[9]

Existing buildings;

[10]

General location of storm surge boundaries for all categories of storm events; and

[11]

Existing land uses.

Proposed open space, protected areas, and public and private parks;

Pedestrian and vehicular circulation plan showing the dominant street configuration and pedestrian walking and biking alignments;

A detailed plan of at least one phase, showing all applicable features:

Road alignments;

Lot configuration;

Commercial area plan, if applicable;

Public and private open space(s);

Perspective streetscape (typical for represented phase);

Examples of proposed residential and commercial architecture;

Plan view, perspective, and elevations of private and public community facilities; and

[8]

Plan view, perspective, and elevations of entrances, including gateway improvements, if applicable.

Phasing plan, including:

The general boundaries or location of each phase. Although the phasing plan shall include the information required by Subsection F(3)(a)[2] and [3] below (in a narrative, tabular, or graphical form), it is not required to depict the location of the land uses, densities or public facilities within each phase.

The phase(s) in which the project will be developed, indicating the approximate land area, uses, densities, and public facilities to be developed during each phase.

If different land use types are to be included, the master development plan shall include the approximate mix of uses anticipated to be built in each phase.

Studies and reports by qualified professionals:

A traffic study that evaluates traffic impacts on proposed entrances on existing public (state, county, and town) roads and major existing intersections that may be impacted by traffic generated by the proposed project;

Nontidal wetlands delineation;

Habitat protection areas study prepared by qualified professionals; and

A concept plan indicating how stormwater will be managed on the site.

Planning Commission Review and Recommendation - Floating Zone District amendment and concept plan.

The Planning Commission shall review the floating zone district amendment request and concept plan for compliance with the requirements of this chapter and consistency with the St. Michaels Comprehensive Plan.

The Planning Commission shall evaluate the degree to which the proposed floating zone district request and concept plan furthers the goals and objectives of the St. Michaels Comprehensive Plan.

The Planning Commission may make reasonable recommendations to the applicant regarding changes to the concept plan proposal, which, in the judgment of the Planning Commission, shall cause the proposal to better conform to the requirements of the St. Michaels Comprehensive Plan and this chapter. The applicant may resubmit the concept plan to the Planning Commission in light of the Planning Commission's comments.

After a public hearing, the Planning Commission shall consider and comment on the findings required of the Town Commissioners, as outlined in Subsection I(2), herein, and shall make a favorable or negative recommendation to the Commissioners.

Within 90 days after the Planning Commission begins its public hearing, or within such extension of time to which the applicant may agree, the Planning Commission shall then make its final recommendation, and after that forward the application and recommendation to the Town Commissioners for their review and consideration of approval.

Commissioners approval of Floating Zone District and concept plan.

The Town Commissioners shall review the Concept Plan and other documents, together with such comments and recommendations as may have been offered by the Planning Commission.

After a public hearing, the Town Commissioners may approve or disapprove the proposed floating zone map amendment and associated Concept Plan. They shall follow the procedures outlined in Article XVIII of this chapter. In considering an application for an award of the growth allocation, the Town Commissioners shall make findings of fact about the proposed development of the land for which the award of growth allocation is sought, including but not limited to the following matters:

Change in the Town's population;

Availability of public facilities;

Effect on present and future transportation patterns;

Compatibility with existing and proposed development for the area;

The recommendation of the Planning Commission; and

(f)

Consistency with the St. Michaels Comprehensive Plan, including recommendations concerning:

Policies;

Timing of the implementation of the plan;

Timing of development;

Timing of rezoning;

Development patterns;

Land uses; and

Densities or intensities

The Town Commissioners may approve but shall not be required to approve the Growth Allocation Floating Zone map amendment based upon a finding that all criteria for approval will be satisfied.

When a planned development is to be constructed in phases, applications for a federal, state or Town permit for construction of that particular phase shall not be filed until preliminary plat(s) or site plan(s) are submitted to the Planning Commission.

The Town Commissioners may establish conditions of approval, including a time limit for completion of the proposed project.

After the Town Commissioners approve an amendment, they shall forward their decision and applicable resolutions along with the amendment request to the Critical Area Commission for final approval.

Additional required procedures.

The administrative procedures for approval of a site plan for property located within the GA Floating Zone District are set forth in Chapter 110, Site Plan Review, of the Town Code. Site plans shall conform to the approved concept plan.

The administrative procedures for approval of a subdivision located within the GA Floating Zone District shall be those as set forth in Chapter 290, Subdivision of Land, of the Town Code. Final subdivision plats shall conform to the approved concept plan.

Any development, site plan or subdivision approval for land in a GA Floating Zone District shall be consistent with the specific concept plan applicable to the property, as approved or amended by the Town Commissioners.

Amendment of concept plan. The procedure for amendment of an approved concept plan shall be as provided in Subsection O, except that the Planning Commission may approve minor amendments of a concept plan at a regular meeting. The phrase "minor amendments" includes, but is not limited to, changes to the location, number or types of uses, subject to the guideline in Subsection J(3), below; internal road locations or configurations; the number, type or location of dwelling units, subject to the guideline in Subsection J(5) below; and the location of public amenities, services, or utilities. The Planning Commission shall only approve minor amendments that increase residential density or intensify nonresidential uses if the amendments provide for the enhancement of the architectural design and landscaping of the area subject to the amendment. Any amendment of an approved concept plan that adversely impacts upon the delivery or the Town's cost of public utilities, public services, public infrastructure, or otherwise adversely affects amenities available to the public, or the public health and safety shall not be considered a minor amendment. Using the guidelines set forth below, the Planning Commission shall determine whether the proposed amendment is a "minor amendment. In addition to the preceding, an amendment shall be deemed a "minor amendment," provided that such amendment:

Does not conflict with the applicable purposes and land use standards of this chapter;

Does not prevent reasonable access by emergency vehicle access or deprive adjacent properties of adequate light and airflow;

Does not significantly change the general character of the land uses of the approved concept plan;

Does not result in any substantial change of major external access points;

Does not increase the total approved number of dwelling units or height of buildings; and

Does not decrease the minimum specified setbacks, open space area, or minimum or maximum specified parking and loading spaces.

Does not conflict with any condition imposed by the Critical Area Commission or amend any critical area development standard, including any new impacts to habitat protection areas.

[Added 2-10-2021 by Ord. No. 519]

Conflict with other articles. Provisions of the GA Floating Zone District, when found to conflict with other provisions of this chapter, shall supersede those other provisions with which they conflict, so long as all the requirements of the critical area regulations apply as minimum standards. Provisions of the GA Floating Zone District, when found to conflict with provisions of Chapter 290 of the Town Code, shall supersede those provisions with which they conflict, so long as all requirements of the critical area regulations apply as minimum standards.

[Amended 2-10-2021 by Ord. No. 519]

A "floating zone" under the laws of the State of Maryland is analogous to special exceptions. The criteria for each floating zone district shall be as outlined in the Town Code. They shall be the basis for approval or denial by the Town Commissioners without the necessity of showing a mistake in the original zoning or a change in the neighborhood.

Conditions of approval.

Approval of the GA Floating Zone District map amendment shall be limited to a project, or phase(s) of a project, that can be completed within two years after approval of the project or phase(s) of a project, unless the Town Commissioners, in their sole discretion:

Specify in their written decision to approve a GA Floating Zone District map amendment for a more extended period after approval within which the project or phase(s) is required to be completed; or

Impose conditions for the progress of the approved project or phase(s) thereof that will automatically allow the GA Floating Zone District map amendment granted for such project or phase(s) thereof to continue in effect indefinitely, provided that such conditions are met.

If, upon the expiration of two years, or upon the expiration of such longer period as may have been specified upon approval of a GA Floating Zone District map amendment, or upon the failure of such condition that may have been imposed, the project is not completed, approval of a GA Floating Zone District map amendment for the project or area of the project that remains incomplete shall be automatically revoked, unless before such automatic revocation the owner of the project requests and is granted an extension in writing.

The filing of such written request for extension of time to complete the project shall automatically extend such time for the shorter period of 180 days following the original expiration date of the award of the growth allocation or until the Town Commissioners issue a written denial of the request for extension of time, which denial may be issued upon a vote thereon at a public meeting, without a hearing.

Before the expiration of the time within which the project is otherwise required to be completed, as such time may have been automatically extended in accord with Subsection M(2), the Town Commissioners, upon such timely written request for an extension, in their sole discretion, may by public vote grant an extension of the time limit within which the project is required to be completed.

For this Subsection M(2), a project or phase(s) thereof shall be considered completed when the construction or installation of all improvements relating to governmental infrastructure (including roads, curbs, sidewalks, streetlights, water supply facilities, stormwater management, and sewage collection facilities) and public utility infrastructure (including electricity distribution facilities, and telephone, cable television, and internet communication facilities), as required by or pursuant to applicable law or governmental regulation, have been completed to each lot or proposed use in the project or phase(s) thereof. The Town Commissioners shall have the sole power to determine whether a project or a phase is "completed," as that term is defined in this subsection.

If a subdivision plat or site plan for a project or phase(s) thereof, for which a GA Floating Zone District map amendment has been approved, is not approved within 18 months after the date on which the GA Floating Zone District map amendment was approved thereof, then the GA Floating Zone District map amendment for such project or phase(s) thereof shall be automatically revoked, and the growth allocation acreage shall be returned to the Town's allotment. For this subsection, a project shall be considered "approved" when all governmental permits and approvals that are required by all applicable land use laws and regulations have been issued for such project or phase(s).

Growth allocation deduction. Calculation of the amount of growth allocation to be deducted from the Town total shall be approved in COMAR 27.01.02.06-4.

Applications for a Growth Allocation Floating Zone District map amendment.

Conditions for filing a GA Floating Zone District map amendment application. Except as provided for in Subsection K, no application to amend an approved GA Floating Zone District map amendment (hereafter "growth allocation amendment application") shall be submitted to or accepted or considered by the Town unless each of the following conditions is satisfied:

The growth allocation amendment application shall relate to an approved growth allocation.

The person submitting a growth allocation amendment application (the "applicant") shall be the current legal or equitable owner of the land that is the subject of the approved growth allocation.

The approved GA Floating Zone District map amendment to which the growth allocation amendment application relates shall not have been rendered invalid by a final judicial decision.

The growth allocation amendment application shall be based on a concept plan that, as compared to the concept plan approved in conjunction with the approved growth allocation (the "approved concept plan"):

Does not materially change the location or the area of the land included in the approved concept plan;

Does not increase the maximum number of dwelling units included in the approved concept plan;

Does not increase the average number of dwelling units per acre on the land that is included in the approved concept plan;

Does not increase the maximum land area to be devoted to commercial uses included in the approved concept plan;

Does not increase the maximum interior floor space to be devoted to commercial uses included in the approved concept plan;

Does not reduce the combined width of the tidal and nontidal buffer, tributary stream buffer, and setback areas included in the approved concept plan at any point, extending landward from the mean high water line, or the landward edge of tidal wetlands, whichever is more landward;

Does not reduce the combined area of the tidal and nontidal wetland buffer and setback areas included in the approved concept plan;

[8]

Does not change the nature or increase the extent of any structures within the tidal or nontidal wetland buffer, tributary stream buffer, or setback areas included in the approved concept plan;

[9]

Does not reduce the land area to be devoted to open space included in the approved concept plan;

[10]

Does not impact the habitat protection areas as identified in the approved concept plan; and

[11]

Does not alter or adversely affect any condition imposed by the Critical Area Commission relating to the approved concept plan.

The growth allocation amendment application does not seek to change a finding of fact, a conclusion, or a condition in the decision of the Town Commissioners relating to the approved GA Floating Zone District map amendment unless there is a change in the concept plan, site conditions or other facts or circumstances in the record of the growth allocation amendment application process sufficient to justify such a change.

Filing the growth allocation amendment application.

A growth allocation amendment application shall be submitted to the Town Commissioners, in writing, in such form as the Town Commissioners may approve, with at least 10 copies thereof, shall be signed under oath or affirmation as to the truth of its contents by the applicant, and shall include the following supporting information:

Identification of all applicants by name, address, and telephone number and, if represented by legal counsel, the name, address and telephone number of legal counsels;

Identification of all land which is the subject of the growth allocation amendment application by street address, Tax Map and parcel numbers, and deed reference;

The written findings of fact and the decision of the Town Commissioners, and the Critical Area Commission, if the approved growth allocation was acted on by the Critical Area Commission or the Chair of the Critical Area Commission, relating to the approved growth allocation, which purports to approve the approved growth allocation, address whether and how the criteria for the award of growth allocation are satisfied, state the grounds for approval, and state the conditions upon which approval was granted.

A complete concept plan depicting the subject land and the development sought by the growth allocation amendment application, drawn to the same scale, in the same manner as, and containing the same information as the concept plan as approved in conjunction with the approved growth allocation, to facilitate visual identification and comparison of the differences between concept plan for the approved growth allocation with the concept plan for the development sought by the growth allocation amendment application. The concept plan submitted to the Town as part of the growth allocation amendment application shall not after that be changed by the applicant except as requested by the Town Commissioners or with the express permission of the Town Commissioners. Any change in the concept plan may result in a delay of the proceedings to give other interested parties ample time to review and comment on the change.

A written explanation of each amendment to the approved GA Floating Zone District map amendment (whether to the concept plan, the conditions of the approval, or otherwise) as proposed by the growth allocation amendment application, including what about the approved growth allocation that is sought to be amended by the growth allocation amendment application and, if amended, how the GA Floating Zone District map amendment as amended (the "amended growth allocation") would differ from the approved Growth Allocation Floating Zone District map amendment;

A summary of the evidence upon which the applicant intends to rely in support of the growth allocation amendment application; and

A summary explanation of how the evidence justifies approval by the Town Commissioners of each amendment being sought to the approved GA Floating Zone District map amendment, including what additions to evidence and/or changes in the applicable laws, regulations and/or rules justify changes in the findings of fact, conclusions and conditions, as found by the Town Commissioners granting the approved GA Floating Zone District map amendment, to grant the amendments sought by the growth allocation amendment application.

A growth allocation amendment application shall be accompanied by the filing fee in the amount established by the resolution of the Town Commissioners.

A growth allocation amendment application that is not accompanied by the required filing fee and the required supporting information shall not be accepted for filing by the Town and shall be returned to the applicant with a statement identifying the required, but missing or incomplete material.

Procedures.

After a growth allocation amendment application has been filed, and before the applicant shall be permitted to proceed any further, the applicant shall obtain from the Town Commissioners, after a public hearing of which public notice has been given in accordance with § 340-200:

Consent to proceed with the growth allocation amendment application must first be granted by the affirmative vote of at least a majority of the Town Commissioners based on a finding that acceptance and processing of the growth allocation amendment application may be in the public interest of the citizens of the Town, which consent may be withheld in the sole discretion of the Town Commissioners.

A growth allocation amendment application shall not be permitted where it is solely for the tactical or another advantage of the applicant but may be permitted where, on balance, acceptance, and processing of a growth allocation amendment application may be in the public interest; consent by the Town Commissioners to accept and process a growth allocation amendment application need not hinge on whether:

[a]

The time for filing a petition for judicial review relating to the approved growth allocation has expired; or

[b]

A petition for judicial review relating to the approved growth allocation has been filed and is pending; or

[c]

The Critical Area Commission has completed its processing and rendered its decision relating to the approved Growth Allocation Floating Zone District map amendment (and/or any prior amendment thereof); provided, however, that the Town agrees to either withdraw from consideration by the Critical Area Commission and resubmit the pending approved growth allocation (and/or all prior pending amendments thereof) or to grant the Critical Area Commission one or more extensions of time for action on the pending approved growth allocation (and/or all prior pending amendments thereof), such that the Critical Area Commission is not placed in the position of having to simultaneously process and consider two or more separate submissions for growth allocation by the Town relating to the same project in order for the Critical Area Commission to meet the time provisions for processing such applications provided by law.

A written scheduling order must be adopted by at least a majority of the Town Commissioners, which shall be made a part of the record, setting forth the deadline dates by which the applicant, the interveners (as defined among the applicable prehearing procedures then in effect relating to Town quasi-judicial hearings), and other interested parties to the growth allocation amendment application shall comply with the applicable prehearing procedures then in effect relating to Town quasi-judicial hearings, and setting the date of the quasi-judicial hearing.

The Town Commissioners may shorten the times for compliance with the applicable prehearing procedures then in effect relating to Town quasi-judicial hearings, and the time before the scheduled public hearing on the merits of the growth allocation amendment application, based on the apparent lack of complexity of the application and apparent lack of opposition expressed at the hearing held for adopting a scheduling order.

The apparent complexity of the application and/or apparent opposition to the application notwithstanding, the Town Commissioners may shorten the times for compliance with the applicable prehearing procedures then in effect relating to Town quasi-judicial hearings if they find:

[a]

The concept plan, upon which the growth allocation was granted, is not proposed to be materially changed;

[b]

The proposed amendment does adversely affect water quality or wildlife habitat; and

[c]

The proposed amendment does not appear to adversely affect the consistency of the proposed development with the St. Michaels Comprehensive Plan.

After the applicant has obtained the consent and a scheduling order from the Town Commissioners, as required by Subsection O(3)(a)[3], above, the growth allocation amendment application shall be processed according to the rules of prehearing procedures then in effect applicable to quasi-judicial hearings, after which a hearing shall be conducted by the Town Commissioners according to the rules of procedure then in effect applicable to quasi-judicial hearings.

Within a reasonable time after the close of the quasi-judicial hearing and the record relating to the growth allocation amendment application, the Town Commissioners shall render a written decision, including findings of fact, conclusions and any conditions they deem appropriate, based on the evidence in the record and the applicable laws and regulations.

Limited scope of the proceeding. Because a growth allocation amendment application must relate to an approved GA Floating Zone District map amendment, the processing of a growth allocation amendment application shall not include a rehearing of the same issue or issues that were raised, or reasonably could have been raised, and substantially the same evidence that was or reasonably could have been presented, by an interested person at the public hearing of the Town Commissioners relating to the approved GA Floating Zone District map amendment unless such issue or evidence:

Relates to a change in the approved GA Floating Zone District map amendment as proposed by the growth allocation amendment application; and

Is sufficient, either alone or cumulatively when considered with other issues and evidence relating to a proposed change in the approved GA Floating Zone District map amendment, to either:

Reasonably lead to a different conclusion by the Town Commissioners relating to the applicable criteria necessary to approve the GA Floating Zone District map amendment as it relates to the growth allocation amendment application; or

Reasonably lead to the addition, deletion, or change in the concept plan or one or more conditions imposed by the Town Commissioners relative to the growth allocation amendment application, as compared to the concept plan and conditions imposed by the Town Commissioners relative to the approved growth allocation.

Acceptance of amendment by applicant.

The written decision of the Town Commissioners on the growth allocation amendment application, including all conditions of approval, if any, shall be promptly mailed or hand-delivered by the Town Manager to the applicant.

If the growth allocation amendment application is approved by the Town Commissioners, without alterations or conditions other than or in addition to those requested by the applicant, then the growth allocation amendment application shall become effective immediately, subject to Subsection O(6). All inconsistencies therewith in any previously existing growth allocation approval shall be rendered immediately void and of no effect.

[Amended 2-10-2021 by Ord. No. 519]

If the growth allocation amendment application is approved by the Town Commissioners with alterations or conditions other than those requested by the applicant, then the decision of the Town Commissioners shall stay for 30 days from the date on which it was mailed or hand-delivered to the applicant by the Town Manager. That decision shall take effect automatically, subject to Subsection O(6), at the end of that thirty-day period unless either:

[Amended 2-10-2021 by Ord. No. 519]

A written notice of rejection by the applicant is delivered to the Town Manager within the said thirty-day period, at which time the decision of the Town Commissioners on the growth allocation amendment application shall be rendered void as if it had never existed; or

A written notice of unconditional acceptance by the applicant is delivered to the Town Manager within said thirty-day period, at which time the decision of the Town Commissioners on the growth allocation amendment application shall become effective immediately. All inconsistencies therewith in any previously existing growth allocation approval shall be rendered immediately void and of no effect. Any acceptance other than unconditional shall be tantamount to rejection.

Critical Area Commission. Upon approval of a growth allocation amendment application by the Town Commissioners, and upon acceptance of such approval of such growth allocation amendment by the applicant as provided above, the Town shall promptly notify the Critical Area Commission of such approval, and shall provide to the Critical Area Commission a copy of the written decision on the growth allocation amendment application by the Town Commissioners and so much of the Town's record relating thereto as the Town deems appropriate and/or the Critical Area Commission requests for the Critical Area Commission to take such action thereon, if any, as the Commission or the Chair of the Commission deems appropriate under the circumstances pursuant to the applicable provisions of the Critical Area Law and Critical Area Regulations.[1]

Editor's Note: See Title 8, Subtitle 18 of the Natural Resources Article of the Annotated Code of Maryland and COMAR Title 27, respectively.

§ 340-40 PR Planned Redevelopment Floating Zone District.

Enactment of an ordinance to effect final approval of a growth allocation amendment application. Upon completion of the required procedures and approval of a growth allocation amendment application by the Town Commissioners, and the approval of the Critical Area Commission, if any is required, the Town Commissioners shall, without further procedures except those required by the Town Charter, enact an ordinance to effect the change in land management classification and map amendment relating to the approved growth allocation amendment application, and/or the amendments to the concept plan and/or conditions relating to it, per all terms and conditions of such approval, within 120 days of receiving notice of such approval or lack of necessity to take action by the Critical Area Commission.

General.

While provisions and regulations are made to govern any development within the PR Floating Zone District no such district will be pre-mapped on the Official Zoning Map.

The PR Floating Zone District amendment process permits specific and detailed mapping of areas for the permitted infill and redevelopment projects deemed consistent with the intent of the St. Michaels Comprehensive Plan and PR Floating Zone District.

Development standards. Development within the PR Floating Zone District shall meet the following requirements:

The area proposed for PR Floating Zone District shall be contiguous and at least 20,000 square feet in size unless the proposed PR Floating Zone District is an extension of an existing PR Floating Zone District.

The area proposed for a planned redevelopment shall be in one ownership, or if in several ownerships, the proposal shall be filed jointly by all the owners of the property included in the development plan.

The site shall be of a configuration suitable for the development proposed.

Public water and sewerage shall be available.

The site shall be located adjacent to adequate transportation facilities capable of serving existing traffic and that expected to be generated by the proposed development.

The owners or developers must indicate that they plan to begin construction of the development within one year after final site plan or subdivision approval. If there is no substantial action on the part of the applicant at any point in the process for one year, the planned redevelopment application shall be null and void. In that event, it will be necessary to begin the PR Floating Zone District review process over from the beginning to develop in accordance with such provisions unless a time an extension is granted by the Planning Commission.

Density. The maximum allowable density in a planned redevelopment project shall be no more than 10 dwelling units per acre.

(8)

Permitted uses. In a planned redevelopment, single-family detached, duplex, townhouse, and multifamily dwelling units are permitted, along with whatever uses are permitted in the underlying zoning district.

(9)

Adequate common open space shall be provided for new infill development projects. Such space shall include a land developed as recreational areas or designated for the common use of all occupants of the planned redevelopment. Common open space shall not include streets, off-street parking areas, or incidental landscaping within off-street parking areas.

(10)

Setback, lot size, maximum lot coverage (structures and impervious), height, yard, and open space requirements shall be those applicable to the original zoning district classification(s). The Planning Commission may recommend, and the Town Commissioners may modify these requirements upon a finding that:

The proposed development design meets the compatibility standards outlined in § 340-185; or

Otherwise clearly exhibits elements that will advance specific goals and objectives of the St. Michaels Comprehensive Plan.

Procedure PR Floating Zone District approval.

Application. Application for a PR Floating Zone District amendment shall be made to the Town Commissioners. Applications shall include:

A written petition for the location of a PR Floating Zone District and a concept master plan, signed by the owners, and contract purchasers, if any, of the property that is the subject of the petition.

A narrative describing the following:

Statement of present and proposed ownership of all land within the district;

A statement of how the proposed redevelopment concept corresponds to and complies with the goals and objectives of this chapter and the St. Michaels Comprehensive Plan;

Method of providing sewer and water service and other utilities, such as, but not limited to, telephone, gas, and electric services;

Description of stormwater management concepts to be applied;

Method of and responsibility for maintenance of applicable open areas, private streets, recreational amenities, and parking areas; and

General description of architectural and landscape elements, including graphic representations, A statement of how the proposed design meets or exceeds the compatibility standards outlined in § 340-185.

A concept master plan including graphic and tabular summaries that depict the following, as applicable:

Boundary survey of the area subject to the application;

The total acreage of subject property and identification of all adjoining landowners;

Description of proposed land uses;

Maximum number of dwelling units, approximate densities of residential areas and anticipated population;

Land area and locations generally allocated to each proposed use;

Location of proposed roads, public open space, any sensitive resource areas (environmental or cultural), and public facilities; and

Maximum nonresidential floor area proposed.

Detailed plans showing:

Perspective streetscape (typical for represented phase);

Proposed building architecture; and

Plan view, perspective, and elevations of private and/or public community facilities if applicable.

Site design standards, including permitted uses, building types, frontage, setbacks, and lot sizes, building heights, parking, street widths and cross-sections, sidewalks, lighting, and road geometry.

Building standards including size and orientation, building façades, regulated architectural elements (windows, trim, etc.), rooflines, architectural styles, fencing, parking, and signage.

Landscape, buffer, and environmental standards, including location, scope, and materials.

If applicable a management statement regarding the anticipated ownership, construction, operation, and maintenance of:

Sanitary and storm sewers, water mains, culverts, and other underground structures;

Streets, road, alleys, driveways, curb cuts, entrances, and exits, parking and loading areas, and outdoor lighting systems; and

Parks, walking paths, cycleways, playgrounds, and common open spaces.

The Town Commissioners or Planning Commission may require whatever additional information, studies, or reports it deems necessary to analyze the application.

Referral of Application to Planning Commission. Upon submission to the Town Commissioners of a completed application for a PR Floating Zone District amendment and a concept master plan, the Town Commissioners shall refer said application and concept master plan to the Planning Commission for its review and recommendations. The referral shall authorize the Planning Commission, the Town staff, and any consultants or professionals on behalf of the Planning Commission or the Town to analyze said application and concept master plan, per all applicable review processes and procedures. The Planning Commission or the Town Commissioners may require the cost of any analysis or consultant or professional be paid for by the applicant.

Planning Commission review and recommendation - PR Floating Zone District amendment and concept master plan.

The Planning Commission shall review the PR Floating Zone District amendment request and concept master plan for compliance with the requirements of this chapter and consistency with the St. Michaels Comprehensive Plan.

The Planning Commission shall evaluate the degree to which the proposed PR Floating Zone District request and concept master plan incorporate and/or address the compatibility standards outlined in § 340-185 and further the goals and objectives of the St. Michaels Comprehensive Plan.

The Planning Commission may make reasonable recommendations to the applicant regarding changes to the concept master plan proposal, which, in the judgment of the Planning Commission, would cause the project to better conform to the requirements of the St. Michaels Comprehensive Plan, the compatibility standards outlined in § 340-185, and the goals and objectives of this chapter. The applicant may resubmit the concept master plan to the Planning Commission considering the Planning Commission's comments.

After a public hearing, the Planning Commission shall consider and comment on the findings required of the Town Commissioners, as outlined in Subsection F(2), herein, and shall make a favorable or unfavorable recommendation to the Town Commissioners.

The Planning Commission shall forward the concept master plan, with any revisions, together with written comments and recommendations, and its floating zone district comments, to the Town Commissioners for action according to the floating zone district and the approval process for a concept master plan.

Town Commissioners Approval of PR Floating Zone District and concept master plan.

The Town Commissioners shall review the concept master plan and other documents, together with such comments and recommendations as may have been offered by the Planning Commission.

After a public hearing, the Town Commissioners may approve or disapprove the proposed floating zone district map amendment and associated concept master plan. They shall follow the procedures set forth in Article XIX of this chapter. In approving PR Floating Zone District map amendment, the Town Commissioners shall make findings of fact, including, but not limited to the following matters: population change, availability of public facilities, present and future transportation patterns, compatibility with existing and proposed development for the areas, and the relationship of the proposed amendment to the St. Michaels Comprehensive Plan. The Town Commissioners may approve the PR Planned Redevelopment Floating Zone District map amendment if it finds that the proposed floating zone district amendment is:

Consistent with the St. Michaels Comprehensive Plan;

Consistent with the stated purposes and intent of the PR Floating Zone District;

Complies with the requirements of this chapter; and

Is compatible with adjoining land uses.

As part of the final concept master plan approval, the Town Commissioners shall approve a date for the initiation of the proposed development.

Additional required procedures.

The administrative procedures for approval of a site plan for property located within the PR Floating Zone District are outlined in Chapter 110, Site Plan Review, of the Town Code. Site plans shall conform to the approved concept master plan, including the design standards.

The administrative procedures for approval of a subdivision located within the PR Floating Zone District are outlined in Chapter 290, Subdivision of Land, of the Town Code. Final subdivision plats shall conform to the approved concept master plan.

Any development, site plan or subdivision approval for land in a PR Floating Zone District shall be consistent with the specific concept master plan applicable to the property, as approved or amended by the Town Commissioners.

Amendment of concept master plan. The procedure for the amendment of an approved concept master plan shall be the same as for a new application. The Planning Commission may approve minor modifications to a concept master plan at a regular meeting using the guidelines set forth below to determine whether the proposed amendment is a "minor amendment."

Does not conflict with the applicable purposes and land use standards of this chapter;

Does not prevent reasonable access for emergency vehicle access or deprive adjacent properties of adequate light and airflow;

Does not significantly change the general character of the land uses of the approved concept master plan;

Does not result in any substantial change of major external access points;

Does not increase the total number of dwelling units or height of buildings; and

Does not decrease the minimum specified setbacks, open space area, or minimum or maximum specified parking and loading spaces.

Conflict with other articles. Provisions of the PR Floating Zone District, when found to conflict with other provisions of this chapter, shall supersede those other provisions with which they conflict. Provisions of the PR Floating Zone District, when found to conflict with requirements of Chapter 290, Subdivision of Land, of the Town Code, shall supersede those provisions with which they conflict.

The change/mistake rule.

In considering a PR Floating Zone District Map amendment, the Town Commissioners shall not be required to find that there was a substantial change in the character of the neighborhood where the property is located or a mistake in the existing zoning classification.

The Town Commissioners shall have the authority to impose conditions upon the grant of the In considering a PR Floating Zone District Map amendment, the Town Commissioners shall not be required to find that there was a substantial change in the character of the neighborhood where the property is located or a mistake in the existing zoning classification. Map amendment application. They may require the recordation of covenants and restrictions, in a form approved by the Town Attorney, to ensure compliance with said conditions or with any of the provisions of the Code.