§ 27-290.01. Requirements for Expedited Transit-Oriented Development Projects.

(a)

Expedited Transit-Oriented Development Projects shall be eligible for expedited review as set forth in this Section, except that applications eligible under Section 27-107.01(a)(242.2)(d) shall be subject to Section 27-290.02 and shall not be subject to Section 27-290.01(a)(1) through (7) or (b), but may serve as development guidelines.

(1)

Expedited Transit-Oriented Development Projects located in a Euclidean Zone or a Mixed Use Zone, where a site plan approval is required, shall be exempt from applicable site plan requirements other than a Detailed Site Plan. Detailed Site Plan applications filed pursuant to this Section shall be eligible for expedited review.

(A)

An application filed pursuant to this Section shall incorporate elements of a Conceptual Site Plan, as needed, to comply with specific conditions applicable to the subject property.

(B)

An application filed pursuant to this Section may amend an existing Conceptual Site Plan applicable to the subject property.

(C)

An application filed pursuant to this Section may amend an existing Detailed Site Plan for the subject property.

(2)

Expedited Transit-Oriented Development Projects on property located within a Comprehensive Design Zone shall be eligible for expedited review in the consideration of:

(A)

A combined Comprehensive Design and Specific Design Plan application pursuant to Section 27-531; or

(B)

A Specific Design Plan application, where there is an existing Comprehensive Design Plan applicable to the subject property.

(i)

An application filed pursuant to this subparagraph may amend an existing Comprehensive Design Plan for the subject property.

(ii)

An application filed pursuant to this subparagraph may amend an existing Specific Design Plan for the subject property.

(3)

All other applicable requirements and procedures in this Subtitle for Detailed Site Plans, combined Comprehensive Design and Specific Design Plans, or Specific Design Plans, including amendments to existing plans, not inconsistent with this Section, shall apply to Detailed Site Plans, combined Comprehensive Design and Specific Design Plans, or Specific Design Plan applications, including amendments to existing plans, for which an applicant seeks expedited review under this Section. Special Permits, as defined by Section 27-239.02, are not site plans for the purposes of this Section.

(4)

An application for a Detailed Site Plan, combined Comprehensive Design and Specific Design Plan, or Specific Design Plan, including an amendment to an existing plan, filed pursuant to this Section, shall be defined in this Section and prominently designated as an "Expedited Transit-Oriented Development Site Plan Application."

(5)

Expedited Transit-Oriented Development Projects for which a preliminary plan of subdivision is required may file a preliminary plan application concurrently with an Expedited Transit-Oriented Development Site Plan Application in accordance with Part 3, Division 9 of this Subtitle.

(6)

Review of Expedited Transit-Oriented Development Projects by the Department of Permitting, Inspections, and Enforcement, as prescribed by Subtitle 32 of this Code, shall be expedited. Notwithstanding any other requirement in this Code, an Expedited Transit-Oriented Development Site Plan Application may be filed with the Planning Board thirty (30) days after the stormwater management concept plan for the project is filed with the Department of Permitting, Inspections, and Enforcement. The Planning Board may not approve an Expedited Transit-Oriented Development Site Plan Application without an approved stormwater management concept plan for the project in accordance with Subtitle 32 of this Code.

(7)

All County agencies with responsibility for permit review for an Expedited Transit-Oriented Development Project shall make such review the highest priority in their staffs' permitting work responsibilities and shall comport with the expedited development review and permitting provisions of this Section. Permits may be staged to enable specific phases of Expedited Transit-Oriented Development Projects to proceed while concurrent review for future phases is ongoing.

(8)

All proposed Expedited Transit-Oriented Development Site Plan Applications shall comply with the informational mailing prescriptions set forth in Division 1, Part 3 of this Code and shall be expressly designated in the mailing as an Expedited Transit-Oriented Development Project. In addition, at the time an Expedited Transit-Oriented Development Site Plan Application is filed, the applicant shall provide written substantiation of outreach efforts to garner public input, to include any civic association registered with the Planning Board for the area where the project is located and any municipality within a one mile radius of the Expedited Transit-Oriented Development Project.

(b)

As a condition of site plan approval, an Expedited Transit-Oriented Development Site Plan shall:

(1)

use the best urban design practices and standards, including:

(A)

Encouraging a mix of moderate and high density development within walking distance of a transit station to increase transit ridership, with generally the most intense density and highest building heights in closest proximity to the transit station and gradual transition to the adjacent areas;

(B)

Reducing auto dependency and roadway congestion by:

(i)

locating multiple destinations and trip purposes within walking distance of one another;

(ii)

creating a high quality, active streetscape to encourage walking and transit use;

(iii)

minimizing on-site and surface parking; and

(iv)

providing facilities to encourage alternative transportation options to single-occupancy vehicles, like walking, bicycling, or public transportation use;

(C)

Minimizing building setbacks from the street;

(D)

Utilizing pedestrian scale blocks and street grids;

(E)

Creating pedestrian-friendly public spaces; and

(F)

Considering the design standards of Section 27A-209.

(2)

provide a mix of uses, unless a mix of uses exists or is approved for development in the adjacent areas,

(3)

not include the following uses, as defined in Section 27A-106 or, if not defined in Section 27A-106, as otherwise defined in this Subtitle (or otherwise, the normal dictionary meaning):

(A)

Adult entertainment;

(B)

Check cashing business;

(C)

Liquor store;

(D)

Pawnshop or Pawn Dealer;

(E)

Cemetery;

(F)

Vehicle and vehicular equipment sales and services (also includes gas station, car wash, towing services, RV mobile home sales, and boat sales);

(G)

Wholesale trade, warehouse and distribution, or storage (including self-service storage, mini-storage, and any storage or salvage yards);

(H)

Industrial;

(I)

Amusement park;

(J)

Strip commercial development (in this Section, "Strip commercial development" means commercial development characterized by a low density, linear development pattern usually one lot in depth, organized around a common surface parking lot between the building entrance and the street and lacking a defined pedestrian system);

(K)

Sale, rental, or repair of industrial or heavy equipment;

(L)

Any automobile drive-through or drive-up service;

(M)

Secondhand business (in this Section, a "Secondhand business" is an establishment whose regular business includes the sale or rental of tangible personal property (excluding motor vehicles) previously used, rented, owned or leased);

(N)

Nail salon and similar uses designated as North American Industry Classification System (NAICS) No. 812113, except as an ancillary use;

(O)

Beauty supply and accessories store (in this Section, a "Beauty supply and accessories store" is a cosmetology, beauty, or barbering supply establishment engaged in the sale of related goods and materials wholesale and/or retail.), except as an ancillary use; or

(P)

Banquet halls, unless accessory to a restaurant, tavern, hotel, or convention center.

(4)

comply with the use restrictions of Section 27A-802(c), and

(5)

be compatible with any site design practices or standards delineated in any Master Plan, Sector Plan or Overlay Zone applicable to the area of development. To the extent there is a conflict between the site design practices or standards of subsection (b)(1), above, and those of a Master Plan, Sector Plan or Overlay Zone applicable to the area that is proposed for development under this Section, the site design practices and standards of the Master Plan, Sector Plan or Overlay Zone shall apply.

(6)

Nothing in this Section shall be interpreted to preclude projects that include the uses described in subsection (b)(3), above, from proceeding without the use of expedited review prescribed in this Section.

(c)

Submittal and pre-review and pre-submittal assessment of an Expedited Transit-Oriented Development Site Plan Application.

(1)

Pre-review and pre-submittal assessment.

(A)

Applicants may request a Planning Department pre-review (an informal assessment prior to the application filing) for a proposed Expedited Transit-Oriented Development Project as needed. A pre-review assessment for an Expedited Transit-Oriented Development Site Plan Application by the Planning Department is encouraged, but not required. If a pre-review assessment for an Expedited Transit-Oriented Development Site Plan Application is held, notification of the pre-review assessment shall be provided to the Clerk of the Council, as well as every municipality located within one (1) mile of the applicant's property.

(B)

When an Expedited Transit-Oriented Development Site Plan Application is filed with the Planning Board, the Planning Director or the Planning Director's designee shall have five (5) working days to review, provide written comments (preferably by electronic mail), and accept or reject the application for submission under this Section. In the event that the Planning Director or the Planning Director's designee rejects an application, it shall state the basis for the rejection in writing and list the deficiencies that must be corrected prior to an Expedited Transit-Oriented Development Site Plan Application being considered submitted under this Section. A decision of rejection or acceptance shall be based on the elements required by this Subtitle for an Expedited Transit Oriented Development Site Plan Application.

(2)

Submittal to the Planning Board. If the Expedited Transit-Oriented Development Site Plan Application is not rejected pursuant to paragraph (1)(B), above, and, thus, is submitted for the purposes of this Section, the Planning Director or the Planning Director's designee shall send time-stamped, written certification to the applicant that the Expedited Transit-Oriented Development Site Plan Application has been submitted.

(3)

After an Expedited Transit-Oriented Development Site Plan Application is submitted pursuant to subsection (c)(2), above, the Planning Director or the Planning Director's designee shall provide a supplemental informational mailing in the manner prescribed by Section 27-125.01 of this Subtitle stating the date and time of the Subdivision and Development Review Committee meeting on the application.

(d)

Expedited Review for eligible applications shall be so designated as "SEEKING EXPEDITED REVIEW" in bold capital letters and in a prominent location on at least the first page of the application at the time of filing of the application.

(e)

Expedited Transit-Oriented Development Site Plan Applications shall take highest priority in the work program of the Planning Department staff. Within fourteen (14) calendar days after the date of submittal of an Expedited Transit-Oriented Development Site Plan Application, the Planning Board shall make the application publicly available on a website designated by the Planning Director or the Planning Director's designee until action is taken on the application by the Planning Board or final action by the District Council (if the Council elects to review or the application is appealed).

(f)

Planning Board Decision.

(1)

Applying the requirements of this Section and other applicable requirements of this Subtitle, the Planning Board shall adopt a resolution of approval, disapproval, or approval with conditions (the "Planning Board's decision") on an Expedited Transit-Oriented Development Site Plan Application within sixty (60) days after an application is submitted pursuant to subsection (c)(2), above. If the Planning Board's decision does not occur within sixty (60) days of application submittal, the Expedited Transit-Oriented Development Site Plan Application shall be deemed to be approved, unless the project has not received an approved stormwater management concept plan in accordance with Subtitle 32 of the Code. The month of August and the period between and inclusive of December 20 and January 3 shall not be included in calculating this sixty (60) day period. The applicant may (in writing to the Planning Board), in advance of the expiration of the period, waive the sixty (60) day requirement to provide for some longer specified review period for the application of this subsection.

(2)

If the Expedited Transit-Oriented Development Project has not received an approved stormwater management concept plan in accordance with Subtitle 32 of the Code by the expiration of the sixty (60) day review period in paragraph (1), above, without a Planning Board decision being made, and the applicant has not extended the sixty (60) day review period, the Expedited Transit-Oriented Development Site Plan Application shall be deemed disapproved.

(3)

The Planning Board shall send written notice of the Planning Board's decision, including a copy of the decision, to the Clerk of the Council, all persons of record, and the applicant within seven (7) calendar days after the date of the Planning Board's decision.

(g)

District Council Review.

(1)

For applications eligible under Sections 27-107.01(a)(242.2)(a), (b) or (c), within thirty (30) calendar days after the date of the notice of the Planning Board's decision on an Expedited Transit-Oriented Development Site Plan Application, the District Council may vote to review the Planning Board's decision on its own motion, or an applicant or a person of record may appeal the Planning Board's decision to the District Council by filing a written appeal with the Clerk of the Council. For applications eligible under Section 27-107.01(a)(242.2)(d), within thirty (30) calendar days after the date of the notice of the Planning Board's decision an applicant or a person of record may appeal the Planning Board's decision to the District Council by filing a written appeal with the Clerk of the Council.

(A)

An appeal by an applicant or a person of record shall specify the error which is claimed to have been committed by the Planning Board and shall also specify those portions of the record relied upon to support the error alleged. A copy of the appeal shall be sent by the submitter to all persons of record (by regular mail), and a certificate of service shall accompany the submission to the Clerk.

(B)

If, within thirty (30) calendar days after the date of the notice of the Planning Board's decision, the District Council has not elected to review the Planning Board's decision and no appeal has been filed by a person of record or the applicant, the Planning Board's decision on the Expedited Transit-Oriented Development Site Plan Application shall be deemed to be affirmed by the District Council.

(2)

The Clerk of the Council shall notify (and may do so by electronic transmission) the Planning Board of the review decision or appeal, if any. The Planning Board shall transmit (and may do so by electronic transmission) to the District Council, within seven (7) calendar days of receipt of the notice from the Clerk, the Expedited Transit-Oriented Development Site Plan Application, the official list of persons of record, and all written evidence and any other materials used in the consideration of the application by the Planning Board.

(3)

The District Council shall hold a public hearing on the review or appeal within twenty-one (21) calendar days after the decision to review or the filing of an appeal from the Planning Board's decision on an Expedited Transit-Oriented Development Site Plan Application. A person of record or an applicant that has appealed a Planning Board's decision to the District Council pursuant to this Section may also withdraw their appeal in writing to the Clerk of the Council (by regular mail or hand delivery) at any time prior to notice being issued for the public hearing and, provided the District Council has also not elected to review the Planning Board's decision on the application, the Planning Board's decision on the Expedited Transit-Oriented Development Site Plan Application shall be deemed to be affirmed by the District Council so long as the review and appeal period in subsection (g)(1), above, has expired.

(4)

The Clerk of the Council shall send written notice to all parties of record of the appeal or the District Council's election to review the decision of the Planning Board including notice of the public hearing, not later than ten (10) calendar days prior to any public hearing on the review.

(5)

Within seven (7) calendar days after the close of the District Council's public hearing on review of the Planning Board's decision on an Expedited Transit-Oriented Development Site Plan Application, the Council shall approve, approve with conditions, or disapprove the application filed pursuant to this Section or the Planning Board's decision shall be deemed to be affirmed. The District Council shall state the reasons for its action in writing. Where the District Council approves an Expedited Transit-Oriented Development Site Plan Application, the District Council shall make the same findings required for the Planning Board decision. In the event no final action is taken by the District Council within twenty-eight (28) calendar days after the date that the District Council elects to review the Planning Board's decision or the date an appeal from the Planning Board's decision is filed, the Planning Board's decision on the application shall be deemed to be affirmed. The months of August and December shall not be considered for the purpose of calculating the time for consideration or final action by the District Council on an application filed pursuant to this Section.

(6)

Copies of the District Council decision on an Expedited Transit-Oriented Development Site Plan Application shall be sent to all parties of record, the applicant, and the Planning Board.

(CB-20-2013; CB-29-2014)