O-32-14 Forest Conservation Requirements and Standards in the City of Annapolis - For the purpose of adopting requirements and standards for forest conservation in the City of Annapolis; providing forest stand delineation and forest conservation plan requirements; providing exceptions to Chapter 17.13 of the City Code; providing for variance procedures; and all other matters generally relating to forest conservation in the City of Annapolis.
Sponsors: Littmann, Arnett and Pantelides
Comment: The State passed the Forest Conservation Act (FCA) over 20 years ago. Shortly thereafter, the City simply adopted by reference the FCA. While this state act contains requirements for certain steps such an inventory and a plan for maintaining portions of forested areas, it does not specify the process to be used by the City for applying the FCA. As a result, the application process, opportunities for public comment, jurisdiction among City Boards and Commissions, and the appeal process has been unclear and led to costly litigation with unsatisfactory results in the minds of many conservationists, developers, regulators, and public officials. This Ordinance seeks to correct those failings. This legislation is fairly complex and includes changes in process and substance to the process for determining if and by how much forested areas must be conserved and/or replaced during development.
After the Council introduced this legislation, the Planning Commission held its own public hearing, taking testimony from regulators, developers, conservationists, and Council members. Working in collaboration with those various factions, the Planning Commission drafted, and now recommends to the Council a significant amendment to the Ordinance. If you use this link to the Ordinance on the website, you'll find this amendment in both a "clean" version and a "tracked changes" version. I intend to support this amended version of the legislation at the appropriate time.
As if this legislation wasn't complicated enough, this legislation would create a new local version of the FCA, a State program administered by the Maryland Department of Natural Resources (DNR). As a result, DNR must first approve the City's local version of the FCA before it can be implemented. DNR's responsibility is to ensure that a local program has the same or better standards than the minimum standards (or floor) set forth in the Model Ordinance. So that the Council can compare the original version and the Planning Commission version of O-32-14 to the Model Ordinance, or consider it on its own, that version is on the City website as well.
Lastly, in order to assist you and Council members in determining which version or parts of the different versions you and the Council prefer, DNEP has prepared a document comparing the different versions. That document will be posted as well. In the meantime, you can find it here.
In addition, rather than have its regular Environmental Matters Committee meeting on Thursday, the Council will hold a special session on Thursday, May 21, at 1:30 PM, so that it can hear from DNEP, Planning & Zoning, the Planning Commission, and the Annapolis Environmental Commission before resuming the public hearing on this Ordinance.
R-38-14 Forest Conservation Act Fees and Fines - For the purpose of setting fees and fines associated with the City's Forest Conservation Act set forth in Chapter 17.13 of the City Code
Sponsors: Littmann and Arnett
Comment: This resolution is a corollary to the FCA, no matter which version the Council adopts. To date, the City has not had a fee in place to review applications filed pursuant to the FCA. This resolution corrects that missed opportunity to have the applicant pay a fee representing the cost of the administrative review provided by the City.
R-33-14 Vehicular Access to and Internal Roadways within Certain Property adjacent to Aris T. Allen Boulevard - For the purpose of empowering the City of Annapolis to consider, and to potentially allow, vehicular access between Aris T. Allen Boulevard/Maryland 665 and certain adjacent property within the City limits as well as private roadways within said adjacent property.
Sponsors: Pindell Charles and Finlayson
Comment: When the Rocky Gorge property was annexed, the City and developers envisioned access to the development to and from a proposed "relief" road so named because it was to parallel Forest Drive and provide some relief to the traffic on that road. For a number of reasons, that road is no longer contemplated as realistic by City planners. Without that road, residents from that planned development would need access either through the Oxford Landings community on Yawl Road, or directly to Aris T. Allen. Residents of Oxford Landings oppose access through their community. With this legislation, the sponsors seek permission for access directly to Aris. T. Allen.
O-22-15 Lease of 145 Gorman Street - Amended and Restated Agreement of Lease between KDBA, LLC and the City of Annapolis for the use of non-city-owned property by the City of Annapolis.
Sponsor: Pantelides
Comment: The City currently uses the office building at 145 Gorman Street for a number of its departments, including DNEP, Planning & Zoning, and others. That long term lease is close to expiring.
One factor to consider before renewing this lease is the lost opportunity to move to a larger City owned facility (which would have to be purchased) in order to both save money in the long run (owning property is more cost effective than renting it) and to combine it with other City facilities, such as the public works building on Spa Road.
O-23-15 Modifications to the Tables of Uses for Business and Mixed Use Zoning Districts - For the purpose of adding "Personal Fitness Studios" to the tables of uses; defining "personal fitness studios" and "Physical Health Facilities;" and all other matters generally relating to such uses.
Sponsors: Paone and Pantelides
O-25-15 Environmental Commission - For the purpose of establishing a quorum of the Environmental Commission.
Sponsor: Littmann
