§ 27-532.03. Waterfront Entertainment/Retail Complex.

(a)

Purposes:

(1)

To promote quality retail shopping, restaurant and entertainment development, and lodging development oriented toward a theme(s) at locations in appropriate areas of the County;

(2)

To afford reasonable flexibility in the design of these projects; and

(3)

To avoid scattered and unbalanced development of such uses.

(b)

A Waterfront Entertainment/Retail Complex is permitted in the R-M Zone subject to the following criteria:

(1)

Private and/or public vehicular access shall be sufficient to accommodate the traffic generated by the project; and

(2)

Setbacks, tree conservation, landscaping and screening, green space, lot coverage, parking, and loading shall be addressed in the Conceptual Site Plan approval. However, the provisions of this Subtitle applicable to such items are not applicable.

(c)

The requirement for a Detailed Site Plan may be waived by the District Council at the time of its review of the Conceptual Site Plan if the District Council makes the findings required in Subsection (f), below.

(d)

An applicant seeking approval of a Waterfront Entertainment/Retail Complex shall submit an application and site plan containing the following information, which information shall also serve as the site design guidelines for such projects:

(1)

A general description of the project and the proposed activities;

(2)

The proposed traffic circulation system;

(3)

The general location and size of all activities;

(4)

A text indicating the theme, design, and architectural concepts that will be implemented throughout the property applicable to the use;

(5)

Information contained in Section 27-282(f), provided that the locations of all improvements may be moved, altered, and revised within an established development envelope. No building permit may be issued without certification of a site plan by the Planning Director. Provided the property is designated in the County General Plan as a Metropolitan Center, the addition of residential dwellings, not to exceed two thousand five hundred (2,500) units, shall not require a revision to an approved Conceptual Site Plan. Building permits for residential dwellings shall not be issued until construction of the convention center/hotel has commenced.

(e)

The requirements of Part 3, Division 9, Subdivision 3, and Section 27-546 of this Subtitle do not apply to the processing or approval of a Detailed Site Plan for a Waterfront Entertainment/Retail Complex. The Planning Board shall consider Detailed Site Plans for Waterfront Entertainment/Retail Complexes in accordance with the following procedures:

(1)

Unless waived pursuant to Section 27-532.01(c), a Detailed Site Plan shall be approved by the Planning Board prior to the issuance of any building or use and occupancy permit.

(2)

The Planning Board shall review the Detailed Site Plan for compliance with this Section.

(3)

The Planning Board shall give due consideration to all comments received from other agencies.

(4)

The Planning Board shall only consider the plan at a regularly scheduled meeting of the Planning Board after a duly advertised public hearing.

(5)

The Planning Board shall approve, approve with modification, or disapprove the Detailed Site Plan, and shall state its reasons for the action.

(6)

The Planning Board's decision shall be embodied in a resolution adopted at a regularly scheduled public meeting, a copy of which shall be sent to all persons of record (in the Detailed Site Plan approval process) and the District Council.

(f)

The Planning Board may approve a Detailed Site Plan for a Waterfront Entertainment/Retail Complex if it finds the plan is in conformance with the approved Conceptual Site Plan, provides sufficient design guidelines, compatible location of uses and activities, and general safeguards to decrease or eliminate harmful impacts on adjacent property, while providing flexibility in design and development.

(CB-44-1997; CB-20-2005)