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Rules and City Government Committee

Regular Meeting

Annapolis, MD · October 17, 2017

AgendaMinutes

Minutes

City of Annapolis 160 Duke Of Gloucester Street Annapolis, MD 21401 Standing Committee Meeting Minutes Tuesday, October 17, 2017 4:00 PM Rescheduled from 10/10/17 Mayor John T. Chambers, Jr. City Council Chambers Rules & City Government Committee Rules & City Government Standing Committee Meeting October 17, 2017 Committee Minutes 1. Call To Order Chairman Arnett called the meeting to order at 4:04 p.m. Roll Call Present: 3- Alderwoman Pindell Charles, Alderwoman Finlayson and Alderman Arnett 2. Business before Committee a. Approval of Minutes RCG091217 Approval of Minutes for the Regular Meeting Alderwoman Pindell Charles moved to approve. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 3- Alderwoman Pindell Charles, Alderwoman Finlayson and Alderman Arnett 3. Legislation before Committee O-26-17 Zoning District Boundary Adjustments - For the purpose of removing the requirement that the Board of Appeals shall not extend the regulations to an extent greater than the lesser of twenty percent of the total area of the tract or five thousand square feet; removing consideration of “unique conditions” from the review criteria and findings requirements; and matters generally relating to applications concerning zoning district boundary adjustments involving a zoning district boundary that divides a tract in single ownership. Planning and Zoning Director Gutwald was present and summarized this legislation. He also reviewed the findings of the Planning Commission. Chairman Arnett discussed a potential amendment to the legislation concerning property size, stating that it would not affect any properties unless it is 1 acre or less. Alderwoman Pindell-Charles would like to see what properties would be affected in Ward 3. Chairman Arnett said that he would propose another amendment to the legislation so that it would only apply to Ward 8. Alderwoman Finlayson would like to see that this legislation also affect bigger parcels in her Ward as well. Planning and Zoning Director Gutwald thinks the City should look at a Comprehensive Zoning Review. Acting City Attorney Elson was asked to advise about where to add the language that this legislation will only apply to Ward 8 only. Alderwoman Finlayson moved to postpone. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 3- Alderwoman Pindell Charles, Alderwoman Finlayson and Alderman Arnett O-34-17 Approvals of Exterior Changes in the Historic District - For the purpose of clarifying the scope of factors the Historic Preservation Commission may consider in reviewing applications for exterior changes to buildings in the Historic District of Annapolis. Acting City Attorney Elson, Historic Preservation Chair Kennedy, and Planning and City of Annapolis Page 1 Rules & City Government Standing Committee Meeting October 17, 2017 Committee Minutes Zoning Director Gutwald were all present. HPC Chair Kennedy reviewed the findings from the Historic Preservation Commission and stated that they are favorably recommending this legislation. Alderwoman Finlayson moved to recommend favorably. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 3- Alderwoman Pindell Charles, Alderwoman Finlayson and Alderman Arnett O-35-17 Revisions to Development Review - For the purpose of providing a uniform review process for all significant projects and requiring early public input on substantial projects by requiring that a community meeting be held for subdivision applications that contain a new street, Major Site Design Plan Applications and Planned Development Applications; clarifying preliminary application procedures; expanding the notice requirements under Division II of the Zoning Code; revising the procedures for major site design plan applications and planned development applications; and matters generally relating to the review process for all significant and substantial projects. Planning and Zoning Director Gutwald was present and summarized this legislation. Alderwoman Finlayson expressed her concern of this legislation possibly adding more time to the permitting process that others currently complain about. Attorney Alan Hyatt, Hyatt & Weber, P.A., was present for Public Hearing. He believes that the Ordinance is poorly worded and should be reviewed. He feels that the the language is vague, and that applicants would not have a clear meaning. Director Gutwald also expressed that this legislation will impact his staff in terms of resources and time. Acting City Attorney Elson was present and responded to concerns raised concerning the language of the legislation. Chairman Arnett explained that the intent of this legislation is to allow the Community a meaningful "seat at the table". Who to notify of the Community meeting was also discussed. Alderwoman Finlayson moved to postpone. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 2- Alderwoman Pindell Charles and Alderwoman Finlayson Nay: 1- Alderman Arnett O-38-17 Allowing Indoor Theaters in the Professional Office Zoning District- For the purpose of adding a theater use in the P Zoning District. Planning and Zoning Director Gutwald was present and discussed the Planning Commission findings. Alderwoman Pindell-Charles stated that she sent letters to the surrounding community notifying them of this legislation. Alderwoman Finlayson moved to recommend with amendments. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 3- Alderwoman Pindell Charles, Alderwoman Finlayson and Alderman Arnett O-44-17 Exempt Service - Economic Development Manager - For the purpose of including the position of Economic Development Manager to the Exempt Service set forth in Chapter 3.08 of the Code of the City of Annapolis; and correcting City of Annapolis Page 2 Rules & City Government Standing Committee Meeting October 17, 2017 Committee Minutes re-codification omissions to Chapter 3.08. This Ordinance was return without recommendation O-45-17 Garbage and Refuse Collection at Food-Handling Establishments - For the purpose of requiring that garbage and refuse shall be collected from food-handling establishments no later than 8:00AM. Public Works Director Jarrell was present and and answered questions from the Committee. He stated that State law prohibits trash collection before 6 am. He feels that he is in favor of this legislation in order to have the trash trucks off of the City streets earlier. Chairman Arnett feels that if the City was still in charge of trash collections then we would be able to instruct haulers to have the trash removed from the downtown businesses at an earlier time. He felt that we would have more control. Chairman Arnett proposed Amendment #1. Alderwoman Finlayson moved to recommend O-45-17 with Amendment #1 that follows: Page 2, line 12, after DAY insert: "IN THE HISTORIC DISTRICT". Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 3- Alderwoman Pindell Charles, Alderwoman Finlayson and Alderman Arnett R-27-17 Hate Free Zone - For the purpose of declaring Annapolis as a Hate-Free Zone; condemning any and all groups operating within the United States that use hate as their motivation, including white supremacists, neo-Nazis, the KKK, and other hate groups whose rallies most recently led to the violence, death, and injuries in Charlottesville, Virginia; and putting such groups on notice that the City of Annapolis is hereby declared a Hate-Free Zone, and that any attempt to divide this city through hateful or violence actions will not be tolerated. This Resolution was return without recommendation 4. Adjournment Upon motion duly made, seconded and adopted, the meeting was adjourned at 6:34 PM. Teekia Green City Council Associate City of Annapolis Page 3

Agenda

City of Annapolis 160 Duke Of Gloucester Street Annapolis, MD 21401 Standing Committee Agenda - Final Rules & City Government Committee Tuesday, October 17, 2017 4:00 PM Mayor John T. Chambers, Jr. City Council Chambers Rescheduled from 10/10/17 1. Call To Order 2. Business before Committee a. Approval of Minutes RCG091217 Approval of Minutes for the Regular Meeting Attachments: RCG091217 3. Legislation before Committee O-26-17 Zoning District Boundary Adjustments - For the purpose of removing the requirement that the Board of Appeals shall not extend the regulations to an extent greater than the lesser of twenty percent of the total area of the tract or five thousand square feet; removing consideration of “unique conditions” from the review criteria and findings requirements; and matters generally relating to applications concerning zoning district boundary adjustments involving a zoning district boundary that divides a tract in single ownership. Attachments: O-26-17 Zoning District Boundary Adjustments Ordinance.docx O-26-17 Staff Report.pdf O-26-17 PC Findings to CC.pdf O-26-17 Fiscal Impact.pdf Page 1 Printed on 10/17/2017 Rules & City Government Standing Committee Agenda - October 17, 2017 Committee Final O-34-17 Approvals of Exterior Changes in the Historic District - For the purpose of clarifying the scope of factors the Historic Preservation Commission may consider in reviewing applications for exterior changes to buildings in the Historic District of Annapolis. Attachments: O-34-17 HPC Exterior Changes Approvals Ordinance.docx O-34-17 Staff Report.docx O-34-17 PZ Staff Report to PC ZTA2017-008.pdf O-34-17 Fiscal Impact.pdf O-34-17 PC Findings.pdf O-34-17 HPC Findings.doc O-34-17 51 West St District Ct Decision copy.pdf O-34-17 Excerpts from Judge McKenna Decision.docx O-35-17 Revisions to Development Review - For the purpose of providing a uniform review process for all significant projects and requiring early public input on substantial projects by requiring that a community meeting be held for subdivision applications that contain a new street, Major Site Design Plan Applications and Planned Development Applications; clarifying preliminary application procedures; expanding the notice requirements under Division II of the Zoning Code; revising the procedures for major site design plan applications and planned development applications; and matters generally relating to the review process for all significant and substantial projects. Attachments: O-35-17 Revisions to Development Review .docx O-35-17 Staff Report.docx O-35-17 PZ Staff Report to PC ZTA2017-006.pdf O-35-17 PC Findings.pdf O-35-17 Fiscal Impact.pdf O-35-17 Ltr to City Council from AHyatt 10,06,17.pdf O-35-17 AHyatt Proposed Amendments.pdf O-35-17 Arnett, Budge Proposed Amendments.pdf O-38-17 Allowing Indoor Theaters in the Professional Office Zoning District- For the purpose of adding a theater use in the P Zoning District. Attachments: O-38-17 Theaters in P Zone.doc O-38-17 Staff Report.docx O-38-17 Maps.pdf O-38-17 PZ Staff Report to PC ZTA2017-009.pdf O-38-17 Fiscal Impact.pdf O-38-17 PC Findings.pdf O-38-17 Pindell Charles Proposed Amendment.docx Page 2 Printed on 10/17/2017 Rules & City Government Standing Committee Agenda - October 17, 2017 Committee Final O-44-17 Exempt Service - Economic Development Manager - For the purpose of including the position of Economic Development Manager to the Exempt Service set forth in Chapter 3.08 of the Code of the City of Annapolis; and correcting re-codification omissions to Chapter 3.08. Attachments: O-44-17 Economic Development Manager.docx O-44-17 Economic Development Manager Job Description.docx O-44-17 Staff Report.docx O-44-17 Fiscal Impact.pdf O-45-17 Garbage and Refuse Collection at Food-Handling Establishments - For the purpose of requiring that garbage and refuse shall be collected from food-handling establishments no later than 8:00AM. Attachments: O-45-17 Garbage and Refuse Collection - Food Establishments v2.docx O-45-17 Staff Report.docx O-45-17 Fiscal Impact.pdf R-27-17 Hate Free Zone - For the purpose of declaring Annapolis as a Hate-Free Zone; condemning any and all groups operating within the United States that use hate as their motivation, including white supremacists, neo-Nazis, the KKK, and other hate groups whose rallies most recently led to the violence, death, and injuries in Charlottesville, Virginia; and putting such groups on notice that the City of Annapolis is hereby declared a Hate-Free Zone, and that any attempt to divide this city through hateful or violence actions will not be tolerated. Attachments: R-27-17 Hate Free Zone Resolution.docx R-27-17 Fiscal Impact.pdf 4. Adjournment Anyone needing reasonable accommodation to be able to participate in a public meeting held by the City of Annapolis should contact Teekia Green at 410.263.7942, by MD Relay (711), or by email at tlgreen@annapolis.gov at least five days prior to the meeting date to request assistance. We encourage citizens to attend and participate in City Council Meetings. If you are unable to attend, the meetings can be viewed live on Channel 99/100 for all Comcast subscribers and on Channel 34 for Verizon customers. The meeting can also be viewed on computer and mobile devices by going to http://bit.ly/1gCd4pL during the meetings. Page 3 Printed on 10/17/2017

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