§ 27-213.05. Specific District Council procedures.

(a)

Public hearing and notice.

(1)

The District Council shall hold a public hearing on the proposed Transit District Overlay Zoning Map Amendment. Notice of the date, time, and place of the hearing shall be published at least one (1) time in the County newspapers of record, at least thirty (30) days prior to the hearing date. In addition, written notice of the date, time, and place of the hearing shall be sent to all owners of land and any municipality lying (wholly or in part) within the proposed boundary, and to any municipality within one (1) mile of the proposed boundary.

(b)

Amendment of Planning Board proposal.

(1)

Prior to taking final action, the District Council may propose amendments to the Transit District Overlay Zoning Map Amendment adopted by the Planning Board. The Council shall hold another public hearing on the amendments. At least fifteen (15) days prior to the hearing, notice of the date, time, and place of the hearing on the proposed amendments shall appear at least one (1) time in the County newspapers of record. This same notice shall also be sent to all owners of land and any municipality lying (wholly or in part) within the proposed boundary, and to any municipality within one (1) mile of the proposed boundary.

(2)

All proposed amendments shall be referred to the Planning Board when they are proposed. The Planning Board shall submit its written comments to the Council prior to, or at the time of, the public hearing on the amendments.

(c)

Time for final action.

(1)

The Council shall take final action on the Map Amendment at any time after the close of the final public hearing record, but not later than one hundred eighty (180) days after receipt of the original adoption recommendation on the Transit District Overlay Zoning Map Amendment from the Planning Board. If no final action is taken within this time period, the Council may by simple majority vote to extend the time for final action for a period not to exceed thirty (30) days. If the Council chooses not to extend the time for final action or does not take final action by the end of the extended period, the Transit District Overlay Zoning Map Amendment shall be deemed disapproved.

(d)

Voting requirements.

(1)

The approval of a Transit District Overlay Zoning Map Amendment shall be by Ordinance, and shall generally be by majority vote of the full Council. A two-thirds (2/3) majority vote of the full Council shall be required to override the recommendation of a municipality for any portion of the Map Amendment which falls within the boundaries of the municipality.

(e)

Required findings.

(1)

Prior to approving the Transit District Overlay Zoning Map Amendment, the Council shall make the following findings:

(A)

The entire Map Amendment, including the Transit District Development Plan, is in conformance with the purposes and other requirements of the Transit District Overlay Zone;

(B)

Adequate attention has been paid to the recommendations of Area Master Plans and the General Plan which are found to be applicable to property within the Transit District; and

(C)

The particular area within the chosen boundaries of the Transit District Overlay Zone requires the coordination and flexibility provided by the Transit District Overlay Zone, due to the area's potential for new development, redevelopment, or revitalization, and the ability to provide public facilities and infrastructure. In making this finding, the Council shall review the entire area within the vicinity of an existing or proposed Metro station, especially that area within a ten (10) minute walk or one-half (1/2) mile distance of the station. This distance shall serve as a guide only, and shall not be deemed to preclude review of a somewhat larger or smaller area, in the discretion of the District Council.

(f)

Notice of approval.

(1)

Notice of the approval of a Transit District Overlay Zoning Map Amendment shall be published by the Clerk of the Council at least one (1) time in the County newspapers of record, and shall be sent to the Planning Board.

(g)

Effect on pending applications.

(1)

Approval of the Map Amendment by the District Council shall constitute final action on all pending Zoning Map Amendment and Special Exception applications within the boundaries of the approved Transit District.

(2)

If the District Council amends a proposed Transit District Overlay Zoning Map Amendment by modifying the boundaries of the proposed Transit District in a manner that excludes land which is the subject of a pending Zoning Map Amendment or Special Exception application from the approved Transit District, the Planning Board and Zoning Hearing Examiner (as appropriate) shall resume the normal processing of, or return to the District Council, the pending Zoning Map Amendment or Special Exception application.

(3)

If a Transit District Overlay Zoning Map Amendment is disapproved by the District Council, the Planning Board and Zoning Hearing Examiner (as appropriate) shall resume the normal processing of, or return to the District Council, all pending Zoning Map Amendment and Special Exception applications upon which processing had ceased, or which were remanded to the Office of the Zoning Hearing Examiner in accordance with Section 27-213.02(e).

(CB-2-1984; CB-33-1985; CB-84-1990; CB-47-1996; CB-91-1997; CB-47-1998; CB-65-2008)