§ 27-1803. Findings.**

(a)

The District Council finds and determines that:

(1)

Interim Land Use Controls are necessary to prevent the intensification of existing land uses while the MIOZ is being developed as proposed in the Joint Land Use Study (December 2009) and supported by recommendations in the Air Installation Compatibility Use Study (December 2007); The 2009 Prince George's County Subregion 5 Master Plan, and The 2009 Prince George's County Subregion 6 Master Plan;

(2)

Joint Base Andrews is a significant national, regional, and local facility that is a major employer in Prince George's County contributing to the local economy and benefitting from the Base Realignment and Closure (BRAC) Act and influx of 2,400 personnel from multiple facilities throughout the metropolitan area;

(3)

Joint Base Andrews is a significant airport with over 141,000 annual aircraft operations in 2006-2007 carried out by units from all branches of the military, the Department of Energy, and the Maryland State Police;

(4)

The Joint Land Use Study recommends a Military Installation Overlay Zone to facilitate compatible development within the noise, height, and safety zones adjacent to the base. These areas are shown to sustain high levels of noise, be located in areas of potential danger to safety in the event of an aircraft accident, or where excess height can constitute a hazard to aircraft operations at Joint Base Andrews (JBA). These impacted areas have been illustrated on maps and included in Joint Land Use Study (JLUS); and,

(5)

Development activity within the ILUC Area is intensifying as a result of affordable land values, zoning that permits uses that are incompatible with airport operations, the expansion of existing uses, and the availability of vacant land and buildings; and

(6)

It is a matter of compelling public interest to establish interim development requirements as set forth in this Ordinance; and

(7)

These provisions are the minimum necessary to protect the health, safety, and welfare of the public during the period established in this ordinance.

(CB-3-2012)

Editor's note— Section 5 of CB-3-2012 provides that the provisions of this Section shall be abrogated and no longer effective twelve (12) months after its adoption, or December 6, 2013. Section 5 further provides that the Council may extend the time for abrogation up to six months. Accordingly, and by authority of the enactment of CB-47-2013, the Council extended the time for abrogation of the provisions of this Section until June 6, 2014.

The District Council, in adopting CR-70-2014, determined that an extension of the provisions of the Interim Land Use Control Ordinance enacted pursuant to Chapter No. 78, 2012 Laws of Prince George's County, Maryland, is necessary to allow sufficient time to address additional procedures needed to adopt the Military Installation Overlay Zone ("MIOZ") and MIOZ district plan. As such, CR-70-2014 extends the maximum time for abrogation of the Interim Land Use Control Ordinance until June 30, 2015.

The District Council enacted CB-43-2014 on September 9, 2014, an Ordinance to extend the maximum time for abrogation of the Interim Land Use Control Ordinance, upon determining that an extension of the provisions of the Interim Land Use Control Ordinance enacted pursuant to Chapter No. 78, 2012 Laws of Prince George's County, Maryland, is necessary to allow sufficient time to address additional procedures needed to adopt the Military Installation Overlay Zone ("MIOZ") and MIOZ district plan. Accordingly, this Ordinance extends the maximum time for abrogation of the Interim Land Use Control Ordinance until June 30, 2015.

**Pursuant to the adoption of CR-70-2014 by the District Council, the provisions of Part 18 of this Subtitle were abrogated and of no further force and effect after June 30, 2015. On November 10, 2015, the District Council enacted CB-42-2015, thereby setting forth procedures and requirements for the preparation and approval of a new Military Installation Overlay Zone in Prince George's County. CB-42-2015 took effect on November 10, 2015, in accordance with applicable procedural authority set forth in law. By way of its adoption of CR-5-2016, the District Council authorized the initiation and preparation of a Military Installation Overlay Zone in the County. Thereafter, on November 15, 2016, via the adoption of CR-97-2016, the Council approved, as an Act of the District Council, a new Military Installation Overlay ("M-I-O") Zoning Map Amendment for Prince George's County, including associated zoning proposal within the M-I-O Zone boundaries, which it composed of portions of Planning Areas 72, 75A, 76A, 76B, 77, 78, 81A, 82A, and 85A.