A.
The GA Floating Zone provides for changing the land management classification
of resource conservation areas (RCAs) and limited development areas
(LDAs) in the Critical Area Overlay District.
B.
Growth allocation acreage and deduction.
(2)
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]
(3)
The Town shall deduct acreage from its growth allocation reserves
in accordance with COMAR 27.01.02.06-4.
C.
Requirements. When locating new IDAs or LDAs, the following requirements
apply:
(2)
No more than 1/2 of the Town's growth allocation may be located in RCAs except as provided in Subsection C(3) below.
(3)
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.
(4)
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:
(a)
Any development will be serviced by public water and sewer;
(b)
The area is located in a priority funding area;
(c)
The development is consistent with the St. Michaels Comprehensive
Plan; and
(d)
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.
D.
Standards. When locating new IDAs or LDAs, the following standards
shall apply:
(1)
Except as note in Subsection C(4) above, a new IDA shall only be located in an LDA or adjacent to an existing IDA.
(2)
A new LDA shall only be located adjacent to an existing LDA or an
IDA.
(3)
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;
(4)
A new IDAs shall only be located where they minimize their impacts
to the defined land uses of the RCA;
(5)
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
(6)
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.
E.
Additional factors. In reviewing map amendments or refinements involving
the use of growth allocation, the Town Commissioners shall consider
the following factors:
(1)
Consistency with St. Michaels Comprehensive Plan and whether the
growth allocation would implement the goals and objectives of the
adopted plan.
(2)
For a map amendment or refinement involving a new LDA, whether the
development is:
(4)
The use of existing public infrastructure, where practical;
(5)
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;
(6)
Impacts on a priority preservation area;
(7)
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.
F.
Application.
(1)
An application for the GA Floating Zone shall include the following
submissions:
(a)
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;
(c)
Information required by COMAR 27.01.02.06-1;
(d)
Environmental report as per COMAR 27.01.02.06-2; and
(e)
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.
(2)
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:
(a)
Boundary survey, including identification of adjacent property
owners;
(b)
Existing condition, including:
[1]
Topographic survey (minimum one feet contour interval);
[2]
Soils;
[3]
Forested areas and tree lines;
[4]
Wetlands, wetland buffers, floodplain, hydric soils, streams,
and water features;
[5]
Habitat protection areas;
[6]
Steep slopes;
[7]
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.
(c)
Proposed open space, protected areas, and public and private
parks;
(d)
Pedestrian and vehicular circulation plan showing the dominant
street configuration and pedestrian walking and biking alignments;
(e)
A detailed plan of at least one phase, showing all applicable
features:
[1]
Road alignments;
[2]
Lot configuration;
[3]
Commercial area plan, if applicable;
[4]
Public and private open space(s);
[5]
Perspective streetscape (typical for represented phase);
[6]
Examples of proposed residential and commercial architecture;
[7]
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.
(3)
Phasing plan, including:
(a)
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.
(b)
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.
(c)
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.
(4)
Studies and reports by qualified professionals:
(a)
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;
(b)
Nontidal wetlands delineation;
(c)
Habitat protection areas study prepared by qualified professionals;
and
(d)
A concept plan indicating how stormwater will be managed on
the site.
G.
Planning Commission Review and Recommendation - Floating Zone District
amendment and concept plan.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
H.
Commissioners approval of Floating Zone District and concept plan.
(1)
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.
(2)
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:
(3)
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.
(4)
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.
(5)
The Town Commissioners may establish conditions of approval, including
a time limit for completion of the proposed project.
(6)
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.
I.
Additional required procedures.
(1)
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.
(2)
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.
(3)
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.
J.
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:
(1)
Does not conflict with the applicable purposes and land use standards
of this chapter;
(2)
Does not prevent reasonable access by emergency vehicle access or
deprive adjacent properties of adequate light and airflow;
(3)
Does not significantly change the general character of the land uses
of the approved concept plan;
(4)
Does not result in any substantial change of major external access
points;
(5)
Does not increase the total approved number of dwelling units or
height of buildings; and
(6)
Does not decrease the minimum specified setbacks, open space area,
or minimum or maximum specified parking and loading spaces.
(7)
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]
K.
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]
L.
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.
M.
Conditions of approval.
(1)
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:
(a)
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
(b)
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.
(2)
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.
(a)
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.
(b)
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.
(c)
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.
(3)
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).
N.
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.
O.
Applications for a Growth Allocation Floating Zone District map amendment.
(1)
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:
(a)
The growth allocation amendment application shall relate to
an approved growth allocation.
(b)
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.
(c)
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.
(d)
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"):
[1]
Does not materially change the location or the area of the land
included in the approved concept plan;
[2]
Does not increase the maximum number of dwelling units included
in the approved concept plan;
[3]
Does not increase the average number of dwelling units per acre
on the land that is included in the approved concept plan;
[4]
Does not increase the maximum land area to be devoted to commercial
uses included in the approved concept plan;
[5]
Does not increase the maximum interior floor space to be devoted
to commercial uses included in the approved concept plan;
[6]
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;
[7]
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.
(e)
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.
(2)
Filing the growth allocation amendment application.
(a)
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:
[1]
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;
[2]
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;
[3]
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.
[4]
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.
[5]
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;
[6]
A summary of the evidence upon which the applicant intends to
rely in support of the growth allocation amendment application; and
[7]
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.
(b)
A growth allocation amendment application shall be accompanied
by the filing fee in the amount established by the resolution of the
Town Commissioners.
(c)
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.
(3)
Procedures.
(a)
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:
[1]
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.
[2]
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.
[3]
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.
[4]
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.
[5]
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.
(b)
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.
(c)
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.
(4)
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:
(a)
Relates to a change in the approved GA Floating Zone District
map amendment as proposed by the growth allocation amendment application;
and
(b)
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:
[1]
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
[2]
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.
(5)
Acceptance of amendment by applicant.
(a)
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.
(b)
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]
(c)
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]
[1]
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
[2]
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.
(6)
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]
[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.
(7)
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.
A.
General.
(1)
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.
(2)
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.
B.
Development standards. Development within the PR Floating Zone District
shall meet the following requirements:
(1)
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.
(2)
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.
(3)
The site shall be of a configuration suitable for the development
proposed.
(4)
Public water and sewerage shall be available.
(5)
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.
(6)
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.
(7)
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:
C.
Procedure PR Floating Zone District approval.
(1)
Application. Application for a PR Floating Zone District amendment
shall be made to the Town Commissioners. Applications shall include:
(a)
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.
(b)
A narrative describing the following:
[1]
Statement of present and proposed ownership of all land within
the district;
[2]
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;
[3]
Method of providing sewer and water service and other utilities,
such as, but not limited to, telephone, gas, and electric services;
[4]
Description of stormwater management concepts to be applied;
[5]
Method of and responsibility for maintenance of applicable open
areas, private streets, recreational amenities, and parking areas;
and
(c)
A concept master plan including graphic and tabular summaries
that depict the following, as applicable:
[1]
Boundary survey of the area subject to the application;
[2]
The total acreage of subject property and identification of
all adjoining landowners;
[3]
Description of proposed land uses;
[4]
Maximum number of dwelling units, approximate densities of residential
areas and anticipated population;
[5]
Land area and locations generally allocated to each proposed
use;
[6]
Location of proposed roads, public open space, any sensitive
resource areas (environmental or cultural), and public facilities;
and
[7]
Maximum nonresidential floor area proposed.
(d)
Detailed plans showing:
[1]
Perspective streetscape (typical for represented phase);
[2]
Proposed building architecture; and
[3]
Plan view, perspective, and elevations of private and/or public
community facilities if applicable.
[4]
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.
[5]
Building standards including size and orientation, building
façades, regulated architectural elements (windows, trim, etc.),
rooflines, architectural styles, fencing, parking, and signage.
[6]
Landscape, buffer, and environmental standards, including location,
scope, and materials.
(e)
If applicable a management statement regarding the anticipated
ownership, construction, operation, and maintenance of:
(2)
The Town Commissioners or Planning Commission may require whatever
additional information, studies, or reports it deems necessary to
analyze the application.
D.
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.
E.
Planning Commission review and recommendation - PR Floating Zone
District amendment and concept master plan.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
F.
Town Commissioners Approval of PR Floating Zone District and concept
master plan.
(1)
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.
(2)
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:
(3)
As part of the final concept master plan approval, the Town Commissioners
shall approve a date for the initiation of the proposed development.
G.
Additional required procedures.
(1)
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.
(2)
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.
(3)
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.
H.
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."
(1)
Does not conflict with the applicable purposes and land use standards
of this chapter;
(2)
Does not prevent reasonable access for emergency vehicle access or
deprive adjacent properties of adequate light and airflow;
(3)
Does not significantly change the general character of the land uses
of the approved concept master plan;
(4)
Does not result in any substantial change of major external access
points;
(5)
Does not increase the total number of dwelling units or height of
buildings; and
(6)
Does not decrease the minimum specified setbacks, open space area,
or minimum or maximum specified parking and loading spaces.
I.
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.
J.
The change/mistake rule.
(1)
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.
(2)
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.
(3)
If the Town Commissioners fail to enact an ordinance granting the
PR Floating Zone District application, no application for a PR Floating
Zone District Map amendment will be accepted for filing by the Town
for one year after the date of the Town Commissioners' decision or
the date of finality of any judicial review of the Town Commissioners'
decision, whichever is later.