§ 17-7-909. Incentive program.
   (a)   Creation and purpose. For development that provides a public benefit that achieves a mixture of desirable land uses, quality design, and public amenities that create the sense of a unified community and an enhanced quality of life in the Parole Town Center, there is an incentive program to allow for additional development capacity or other relief from the requirements of this article other than those contained in Titles 5 or 8, Article 18 of this Code other than those contained in Title 13, the Parole Town
Center Master Plan, the Landscape Manual, or the DPW Design Manual.
   (b)   Application. Before submitting an incentive program application, a developer may request to meet with the Office of Planning and Zoning to review the proposed public benefits and incentives. If requested, a pre-application meeting shall be scheduled. an incentive program application may be made by a property owner or developer and shall include a description of the proposed public benefits and the specific incentives requested, a site plan with calculations, drawings, and documentation to demonstrate how each public benefit and each requested incentive will be met.
   (c)   Evaluation of application. The Office of Planning and Zoning shall evaluate the application based on the following criteria:
      (1)   consistency with the Parole Town Center Master Plan, region plan, general development plan, other adopted plans and studies by County or State agencies, and current County capital program.
      (2)   public access to uses and amenities;
      (3)   community benefit;
      (4)   compatibility and quality of design;
      (5)   pedestrian and vehicular access and circulation;
      (6)   environmental enhancement and mitigation; and
      (7)   whether the proposed public benefits are comparable in scope and cost to the incentive requested.
   (d)   Public benefits. Public benefits may include site design, architectural features, streetscape improvements, open area, community amenities, environmental restoration projects, or other elements that exceed the requirements set forth in this Code or the Parole Town Center Master Plan. The following list serves as a guide, and applicants may propose other innovative public benefit items that assist in achieving the vision of the Parole Town Center Master Plan:
      (1)   Land use public benefits may include:
         (i)   quasi-public and institutional uses, including child or senior care centers, community centers, and public libraries provided as part of the development;
         (ii)   land for, significant contribution toward, or development of a high quality public amenity, including gathering space, recreational amenity, amphitheater, garden, plaza, natural resource protection, community landmark, or similar amenity;
         (iii)   land for, significant contribution toward, or development of a multi-modal transportation center; or
         (iv)   workforce or other affordable housing above any minimum set by County, State, or federal requirements.
      (2)   Transit and parking public benefits may include:
         (i)   contribution to a bicycle, pedestrian, road, or transit network or facility above any requirement in this Code or consistent with adopted plans and studies by County or State agencies, or with the County’s capital improvement program. Contributions may be in the form of right-of-way dedication, construction of a planned network segment with a logical start and end point and lying either within or on the approach to the Parole Town Center, or a financial contribution to a fund designated for specified improvements;
         (ii)   public transportation, including shuttle buses to a park-and-ride lot, if not otherwise required by this Code;
         (iii)   structured parking beyond the minimum required by this Code, or contribution toward the construction of structured parking; or
         (iv)   public parking amenities, including electric vehicle charging stations beyond the requirements of this subtitle or enhanced bicycle parking amenities, including storage lockers, changing rooms, and showers.
      (3)   Conservation public benefits may include:
         (i)   additional open areas allowing for public access or providing environmental enhancement or other public benefit;
         (ii)   regional stormwater management, stream or outfall restoration, or regional water quality improvements beyond the minimum required by current stormwater management requirements;
         (iii)   preservation of naturally vegetated areas by dedication or easement to protect surface waters; or
         (iv)   site design to meet the criteria to obtain Leadership in Energy and Environmental Design (“LEED”) certification or equivalent certification as accepted by the Office of Planning and Zoning.
      (4)   In the Core and the Parole North District, public benefits shall be considered significant if:
         (i)   the applicant makes a financial commitment for the support of public institutions, such as child care centers, senior care centers, hospital or medical clinics, drug treatment centers or programs, social services centers, community centers, public libraries, public schools, multi-modal transportation centers, or other institutional uses;
         (ii)   the development includes significant transportation and environmental enhancements; or
         (iii)   the development exhibits exemplary quality of design and architecture above the requirements of this Code or the Parole Town Center Master Plan, establishes a positive image as a gateway to the City of Annapolis, and is in harmony with the overall design concept for the Parole Town Center.
   (e)   Granting of application. After reviewing an application and considering the criteria in subsection (c), the Planning and Zoning Officer may grant various incentives to a developer based on the proposed public benefit, including:
      (1)   increased residential density up to 44 dwelling units per acre, based on the size of the entire development;
      (2)   relief from any requirements of this title, Article 17 other than those contained in Titles 5 and 8, Article 18 of this Code other than those contained in Title 13, the Parole Town Center Master Plan, the Landscape Manual, or the DPW Design Manual;
      (3)   additional building height, if determined by the Planning and Zoning Officer to be compatible with surrounding development, up to the maximum provided for in item (5);
      (4)   reduction in open area requirements, down to the minimum provided for in item (5); and
      (5)   application of the following maximum height and minimum open area requirements:
Subarea
Maximum Height (Building Stories)
Maximum Height, if Adjacent to Property not in the Parole Town Center and in the RA, RLD, R1, R2 or R5 Zoning Districts (Building Stories)
Minimum Open Area
Subarea
Maximum Height (Building Stories)
Maximum Height, if Adjacent to Property not in the Parole Town Center and in the RA, RLD, R1, R2 or R5 Zoning Districts (Building Stories)
Minimum Open Area
Core
12; or 16 if significant
12.5%; or 10% if mixed use
Parole North District
8; or 10 if significant
6
12.5%
Church Creek District
8
5
12.5%
Hudson Street Transition
8
5
12.5%
Housley Road Village
6
3
18.75%
Gateway Business Mix
6
3
18.75%
Defense Highway Corridor
6
3
18.75%
 
(Bill No. 64-23)