Rules and City Government Committee

City of Annapolis 160 Duke Of Gloucester Street Annapolis, MD 21401 Standing Committee Meeting Minutes Thursday, September 30, 2021 6:00 PM Special Meeting Mayor John T. Chambers, Jr. City Council Chambers Rules & City Government Committee Rules & City Government Standing Committee Meeting September 30, 2021 Committee Minutes Call To Order Chairwoman Finlayson called the meeting to order at 6:06 p.m. Roll Call Present: 3- Finlayson, Savidge and Arnett Approval of Agenda (any changes to the agenda should be made here) Alderman Arnett moved to adopt the Special Meeting Agenda. Seconded. The motion carried by the following vote: Aye: 3- Finlayson, Savidge and Arnett 1. Business and Miscellaneous Approval of Minutes RCG09.07.21 Approval of Minutes for the Regular Meeting Attachments: RCG09.07.21.pdf Alderman Arnett moved to approve the minutes for the Regular Meeting. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 3- Finlayson, Savidge and Arnett 2. Legislation before Committee O-9-21 Accessory Dwelling Units - For the purpose of establishing accessory dwelling units as an accessory use in certain zoning districts that allow single family dwelling units; establishing the use and bulk requirements for accessory dwelling units; and establishing the procedural requirements for accessory dwelling units. City of Annapolis Page 2 Rules & City Government Standing Committee Meeting September 30, 2021 Committee Minutes Attachments: O-9-21 First Reader O-9-21 Staff Report O-9-21 Fiscal Impact Note O-9-21 Staff Report to PC O-9-21 PC Findings to CC O-9-21 Amendments 1-3 - Schandelmeier O-9-21 Amendment 4 - Tierney - WITHDRAWN O-9-21 Amendment 5 - Savidge O-9-21 Amendment 6 - Savidge, Schandelmeier, Finlayson O-9-21 Amendment 7 - Tierney O-9-21 Amendments 8-9 - WITHDRAWN O-9-21 Amendment 10 - Arnett O-9-21 Amendment 11 - Schandelmeier Alderman Savidge moved to Recommend Favorably-Amendment 1: On page 5, in line 23, after “UNIT” insert “THAT IS NOT ESTABLISHED WITHIN THE EXISTING FOOTPRINT OF THE PRINCIPAL STRUCTURE”. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 2- Finlayson and Savidge Nay: 1- Arnett Alderman Arnett moved to recommend unfavorably Amendment 2: On page 5, strike lines 25 down through 26, and sequentially re-letter the subparagraphs accordingly. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 2- Finlayson and Arnett Nay: 1- Savidge Alderman Arnett moved to recommend unfavorably Amendment 3: On page 5, strike lines 31 down through 33. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 2- Finlayson and Arnett Nay: 1- Savidge Alderman Savidge moved to Recommend Favorably-Amendment 6: On page 5, after line 33 insert “H. AN ACCESSORY DWELLING UNIT AND PRINCIPAL STRUCTURE ON ANY ONE LOT SHALL BE IN COMMON OWNERSHIP AND THE OWNER SHALL RESIDE IN EITHER THE ACCESSORY DWELLING UNIT OR THE PRINCIPAL STRUCTURE.” Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 3- Finlayson, Savidge and Arnett Alderman Arnett moved to Recommend Favorably-Amendment 10: City of Annapolis Page 3 Rules & City Government Standing Committee Meeting September 30, 2021 Committee Minutes On page 5, after line 33 insert “Section 21.72.010 – Terms. “ACCESSORY DWELLING UNIT’ MEANS AN ACCESSORY BUILDING, OR PORTION OF A BUILDING, DESIGNED OR USED EXCLUSIVELY FOR RESIDENTIAL OCCUPANCY THAT IS LOCATED IN A SINGLE FAMILY DWELLING OR ON THE SAME LOT AND IS SUBJECT TO THE USE STANDARDS IN SECTION 21.64.010 OF THIS ZONING CODE AND THE BULK REGULATIONS FOR BUILDINGS ACCESSORY TO SINGLE-FAMILY DWELLINGS.”. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 3- Finlayson, Savidge and Arnett Alderman Arnett moved to withdraw Amendment 8 without objection. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 3- Finlayson, Savidge and Arnett Alderman Arnett moved to withdraw Amendment 9 without objection. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 3- Finlayson, Savidge and Arnett Alderman Savidge moved to Recommend Favorably-Amendment 5: On page 5, after line 20 insert a new subparagraph “D. THE ADDITION OF AN IMPERVIOUS SURFACE SHALL NOT BE ALLOWED ON ANY LOT CONTAINING AN ACCESSORY DWELLING UNIT, UNLESS: (i). THE DEPARTMENT HAS DETERMINED THAT THE PROPOSED SURFACE WILL BE TREATED OR MANAGED, OR (ii). THE EQUIVALENT COVERAGE OF IMPERVIOUS SURFACE WILL BE REMOVED ELSEWHERE ON THE PROPERTY.”. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 3- Finlayson, Savidge and Arnett Alderman Arnett moved to Recommend Favorably-Amendment 7: On page 1 in lines 4 and 27 after “units;” insert “providing an amnesty period;” and on page 5, in line 41 after “passage” insert a “semicolon” followed by “PROVIDED, THAT THERE SHALL BE AN AMNESTY PERIOD FROM THE DATE OF PASSAGE OF THIS ORDINANCE THROUGH CLOSE OF BUSINESS ON JANUARY 10, 2022 TO ENCOURAGE COMPLIANCE WITH THE RENTAL LICENSE REQUIREMENTS ENACTED BY THIS ORDINANCE BY ALLOWING OWNERS OF UNLICENSED ACCESSORY DWELLING UNITS TO PARTICIPATE IN THIS AMNESTY PERIOD BY VOLUNTARILY ENTERING THE RENTAL LICENSE PROCESS WHILE CONTINUING TO RENT SUCH UNLICENSED ACCESSORY DWELLING UNIT. ANY OWNER OF AN UNLICENSED ACCESSORY DWELLING UNIT WHO PARTICIPATES IN THIS AMNESTY PROGRAM SHALL BE EXEMPT FROM THE PENALTIES SET FORTH IN CHAPTER 17.44 FOR THE DURATION OF THE AMNESTY PERIOD. FOR THE PURPOSE OF THIS ORDINANCE, THE OWNER OF AN UNLICENSED ACCESSORY DWELLING UNIT IS PARTICIPATING IN THE AMNESTY PERIOD IF: (1) A RENTAL OPERATING LICENSE APPLICATION IS FILED IN ACCORDANCE WITH CHAPTER 17.44; (2) THE APPLICANT MAKES A GOOD FAITH EFFORT, AS DETERMINED BY THE DEPARTMENT, TO COMPLETE THE RENTAL LICENSE PROCESS City of Annapolis Page 4 Rules & City Government Standing Committee Meeting September 30, 2021 Committee Minutes DURING THE AMENESTY PERIOD; AND (3) INFORMATION IS NOT MADE KNOWN TO THE DEPARTMENT THAT THE HEALTH, SAFETY, OR WELFARE OF ANY OCCUPANT OF THE UNLICENSED ACCESSORY DWELLING UNIT IS ENDANGERED.”. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 3- Finlayson, Savidge and Arnett Planning and Zoning Director Nash, Assistant City Attorney Leonard Alderman Schandelmeier, Alderwoman Tierney, and Alderman Gay were present and addressed the Committee. Alderwoman Tierney indicated that she would be withdrawing Amendment 4. The Committee would like Amendment 11 to go back to the Office of Law for review. Alderman Savidge moved to recommend favorably with amendments O-9-21. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 3- Finlayson, Savidge and Arnett Adjournment Upon motion duly made, seconded and adopted, the meeting was adjourned at 8:46 p.m. Teekia Green City Council Associate City of Annapolis Page 5