§ 27-532.02. Arenas (stadiums).

(a)

Purposes.

(1)

To establish a review process which effectively examines the impacts of arenas (stadiums) in the Comprehensive Design Zones; and

(2)

To provide an opportunity to take advantage of the economic development, private investment, tourism, and recognition created by the location of a professional sports franchise.

(b)

General.

(1)

While the purposes of a Comprehensive Design Zone typically require a three (3) step review process, taking development from the general (Basic Plan), to the conceptual (Comprehensive Design Plan), to the detailed (Specific Design Plan), these steps and the need for them are adequately addressed by the additional submittal requirements and findings established in this Section for arenas (stadiums); and

(2)

The level of analysis made as part of a typical three (3) step Comprehensive Design Zone review process will be provided in a one (1) or two (2) step Specific Design Plan process. The first step, an optional preliminary Specific Design Plan review, will allow conceptual staff approval of the preliminary Specific Design Plan at the applicant's discretion.

(c)

Requirements, general.

(1)

A tract of land greater than one hundred fifty (150) contiguous acres, (which may include land in any other zone where the use is permitted by right), and which may include properties which are separated by a public right-of-way;

(2)

A fiscal analysis that estimates the public costs and revenues expected to be generated by the proposed development; and

(3)

A comprehensive plan detailing how trash, litter, and other debris will be addressed.

(d)

Requirements, optional preliminary Specific Design Plan.

(1)

A preliminary Specific Design Plan shall include the following:

(A)

A reproducible drawing showing the proposed development of the property. The drawing shall show the approximate location of all buildings, structures, parking, and environmental constraints, such as floodplains, wetlands, soil types, and other important physiographic landforms;

(B)

A text that includes a description of design principles proposed to govern the project;

(C)

The total number of acres in the proposed project and the percentage thereof proposed for various uses;

(D)

An approved Natural Resource Inventory;

(E)

A Type 2 Tree Conservation Plan prepared in conformance with Division 2 of Subtitle 25 and The Woodland and Wildlife Habitat Conservation Technical Manual or Letter of Exemption;

(F)

Engineering feasibility studies (including traffic engineering studies), as necessary; and

(G)

A statement of justification describing how the proposed design preserves or restores the regulated environmental features to the fullest extent possible.

(e)

Requirements, final Specific Design Plan.

(1)

The final Specific Design Plan shall be prepared in accordance with Sections 27-282 and 27-283 of the Zoning Ordinance for Detailed Site Plans; and

(2)

The Specific Design Plan shall include a text or statement of justification, additional drawings, and such other documentation necessary to address:

(A)

Noise, and the way in which the use will conform with applicable state noise laws;

(B)

Lighting for the parking lot and arena;

(C)

An approved conceptual stormwater management plan;

(D)

An approved Natural Resource Inventory;

(E)

A Type 2 Tree Conservation Plan prepared in conformance with Division 2 of Subtitle 25 and The Woodland and Wildlife Habitat Conservation Technical Manual or a Standard Letter of Exemption;

(F)

Location of existing site features as shown on the approved Natural Resource Inventory;

(G)

Street grading;

(H)

Locations, names, and present right-of-way widths of adjacent streets, alleys, or public ways;

(I)

Location and names of adjacent subdivisions and names of owners of abutting acreage;

(J)

Width and location of all existing or proposed easements; and

(K)

An accurate plat (prepared, signed, and sealed by a registered engineer or land surveyor) showing the present configuration of the property, including bearings and distance (in feet).

(f)

Required findings, final Specific Design Plan.

(1)

In order for the District Council to approve a Specific Design Plan for an arena (stadium) in the Comprehensive Design Zones, it shall make the following findings:

(A)

Significant natural features which are impossible or difficult to reproduce, such as waterways, streams, hills, wooded lands, and specimen trees, have been preserved to the degree practicable;

(B)

A Stormwater Management Plan has been approved by the Department of Permitting, Inspections, and Enforcement or the municipality having approval authority, unless the District Council finds that such approval will not affect the plan. Stormwater management facilities, existing or proposed as part of the development, shall have sufficient capacity to convey surface water runoff;

(C)

A public safety plan has been reviewed by the County Executive or his designee. The public safety plan shall address, at a minimum, fire/rescue services, emergency medical, and police services, in accordance with the provisions of the Guidelines for the Analysis of the Impact of the Development on Police Facilities and the Guidelines for Analysis of the Impact of Development on Fire Facilities. The plan shall account for all necessary staffing requirements for local personnel needed for traffic control, point control, and off-site parking lot security, with direct input and participation from the County.

(D)

Transportation facilities.

(i)

There is, or will be in place, sufficient traffic management systems during stadium events to assure safe and reasonable access to residential neighborhoods in the area for residents and emergency vehicles;

(ii)

All streets proposed for dedication to public use shall be designed to the standards of the County Road Ordinance (Subtitle 23) and street standards for width and minimum curve radii, or to the standards of municipalities having jurisdiction. Variations from these standards may be granted by the District Council upon the approval of the Department of Public Works and Transportation, or upon the recommendation of the municipality or other governmental authority having jurisdiction; and

(iii)

Either:

(aa)

The development will be adequately served within a reasonable period of time with existing or programmed facilities, or facilities that will be provided as part of a developer agreement with the County and/or State (notwithstanding the provisions of the "Guidelines for the Analysis of the Traffic Impact of Development Proposals," traffic impacts may exceed Level-of-Service "D" for a reasonable period of time during peak operations); or

(bb)

Roadway improvements or trip reduction programs, participated in or funded by the applicant or its successors or assigns, will alleviate any inadequacy as determined by the District Council.

(iv)

All required improvements shall be constructed prior to the issuance of any use and occupancy permit.

(E)

One hundred (100) year floodplain.

(i)

In the case of a proposed stadium which includes a one hundred (100) year floodplain area along a stream, unless such area is to become a public park or recreation area maintained by a designated public authority, the area shall be denoted upon the plan as a floodplain easement. Such easement shall include provisions for ingress and egress, where practicable. The floodplain easement area may be used, if necessary, for utility lines, storm drainage facilities, open-type fencing, passive recreation, or road crossings, provided that no structures are built that would interfere with the flood conveyance capacity of such easement area, unless designed in conformance with an approved stormwater management plan; and

(ii)

The floodplain associated with a watercourse having less than fifty (50) acres of watershed upstream may be excluded from the floodplain area computation, subject to the approval of the Department of Permitting, Inspections, and Enforcement in accordance with the provisions of Subtitle 4 of this Code.

(F)

Stream, wetland, and water quality protection and stormwater management.

(i)

The development has been designed to preserve and/or restore the regulated environmental features in a natural state to the fullest extent possible in accordance with the requirement of Subtitle 24-130(b)(5).

(ii)

If any existing soils are found to be unsafe, the District Council may permit the part of the lot to be developed in which there is sufficient land to erect any buildings within the property if a twenty-five (25) foot setback is maintained between the proposed building and the unsafe area; and

(iii)

When the applicant proposes remedial actions to correct or alleviate unsafe soil conditions, the District Council shall refer such proposals to the Chief Building Inspector for a determination of whether such measures are sufficient to protect the health and safety of existing and future residents. The Council may approve the development of such land, upon recommendation of the Chief Building Inspector, provided that covenants have been recorded which incorporate the remedial actions.

(G)

The development complies with the provisions for woodland conservation and tree preservation established for the use in Subtitle 25 of the County Code.

(H)

Any lighting used to illuminate the site shall be designed in such a way as to not cause direct glare on any adjacent residential neighborhood.

(g)

Application.

(1)

An application shall be filed by the applicant on forms provided by the Clerk of the Council. The application shall include the names and addresses of the applicant, record owner(s), and any contract purchaser, and shall be signed by the record owner(s);

(h)

Filing fees.

(1)

Upon filing the application, the application shall pay to the District Council a filing fee to help defray the costs related to processing the application. The filing fee shall be in accordance with the Planning Board's current fee schedule.

(2)

In addition to the filing fee, a sign posting fee shall also be paid by the applicant to the District Council at the time the application is filed. The fee shall be in accordance with the Planning Board's current fee schedule.

(i)

Hearing.

(1)

Prior to making a decision on the Specific Design Plan, the District Council shall hold an evidentiary hearing on the matter. The hearing shall be held in accordance with the procedures set forth in Section 27-132.

(j)

Time limit for final action.

(1)

The District Council shall take action on the Specific Design Plan within one hundred (100) days of its submittal.

(2)

If no action is taken within one hundred (100) days, the Specific Design Plan shall be deemed to have been denied. The applicant may (in writing) waive the one hundred (100) day requirement to provide for some longer specified review period.

(k)

Technical staff report.

(1)

The technical staff shall analyze the request, and shall forward its comments and recommendations to the District Council. These comments and recommendations shall be available for examination at least fourteen (14) calendar days prior to the evidentiary hearing.

(l)

District Council decision.

(1)

After the close of the record, the District Council shall take action on the application. The decision of the District Council shall be based on the record, and shall be embodied in an ordinance adopted at a regularly scheduled public meeting;

(2)

The District Council shall give written notice of its decision to all persons of record; and

(3)

The provisions for reconsideration set forth in Section 27-135 shall not be applicable to a Specific Design Plan for an arena (stadium) in the Comprehensive Design Zones.

(CB-53-1995; CB-1-2004; CB-28-2010; CB-34-2011; CB-29-2014)

Editor's note— Section 3 of CB-28-2010 provides that a development project for which all required development applications have been approved by the Planning Board, Zoning Hearing Examiner, or District Council, and appeal periods have not expired as of September 1, 2010, is grandfathered; or a development project that has an approved preliminary plan of subdivision, but has not completed subsequent processes such as final plat or site plan as of September 1, 2010, is grandfathered for that portion of the project covered by the preliminary plan.

Section 3 of CB-34-2011 provides that a development project for which all required development applications have been approved by the Planning Board, Zoning Hearing Examiner, or District Council, notwithstanding any appeal period, is grandfathered regarding the provisions of CB-28-2010 that became effective on September 1, 2010, or any subsequent revisions in conformance with the grandfathered approval; or a development project that has an approved preliminary plan of subdivision, notwithstanding any further development review requirements including record plats is grandfathered regarding the provisions of CB-28-2010 that became effective on September 1, 2010, or any subsequent revisions in conformance with the grandfathered approval for that portion of the project covered by the preliminary plan.