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   59-D-1.73. After the hearing examiner has submitted the report.
After the hearing examiner has submitted the report and recommendation but the district council has not yet acted upon the application, a request for amendment to the development plan may be made to the district council. The request may be accepted or rejected at the discretion of the district council. If the district council accepts the request for amendment, the application shall be remanded to the hearing examiner in order to reopen the record and provide the parties with an opportunity to comment before submitting a supplemental report and recommendation to the district council.
   59-D-1.74. After approval by District Council.
   (a)   Filing. Any proposal by the applicant for amendment of a development plan subsequent to approval by the district council must be filed with the hearing examiner, who must refer it within 5 days to the planning board for its review and recommendation. Such a proposal must not involve a change in the area zoned or density category. The contents of a development plan amendment application must include a copy of the certified approved development plan as well as all relevant information required by section 59-D-1.3.
   (b)   Posting and notice. Within 3 days after acceptance for filing of an application for amendment to an approved development plan, the applicant must erect a sign on the land that is the subject to the amendment. The applicant must also provide written notice to abutting and confronting property owners. The sign, obtained from the office of zoning and administrative hearings when the appropriate application fee and deposit have been paid, must comply with the following regulations:
      (1)   Content. At a minimum, the sign must state the application number assigned to the development plan amendment, the zoning classification of the property, and a telephone number for obtaining additional information about the development plan amendment. At the discretion of the office of zoning and administrative hearings, further information may be added to the sign.
      (2)   Specifications. The sign must have minimum height and width of 2 and 3 feet, respectively, and be placed not less than 2 1/2 feet above ground level. It must be of metal, wood, or other durable material. Lettering must be conspicuous and legible.
      (3)   Location. The sign must be located geographically as directed in subsections (b) through (f) of section 59-H-4.23, title "Posting of Property-Local Map Amendments."
      (4)   Deposit and refund. The deposit and refund requirements are as stated in subsection (g) of section 59-H-4.23.
   The written notice must comply with the provisions of section 59-H-4.24, title "Notice to Adjacent and Confronting Property Owners," except that it must refer to an application for a development plan amendment rather than a local map amendment. The same limitations apply.
   (c)   Review and recommendation by the planning board.
      (1)   The planning board must hold a public meeting for review of the proposed amendment, after having provided reasonable notice, to allow interested persons the opportunity to comment. The planning board must provide written notice of the meeting to all interested persons who request it, including those who respond to the posted telephone number.
      (2)   The planning board must prepare a written report and recommendation that must be forwarded to the office of zoning and administrative hearings, together with copies of all external communications received concerning the proposed amendment.
      (3)   Unless subsection (d), below, applies, the office of zoning and administrative hearings must forward the planning board's report and recommendation directly to the council. In this instance, the planning board must also transmit to the office of zoning and administrative hearings, for inclusion in the administrative record, copies of all notices and communications sent out and a copy of the transcript of the planning board meeting pertaining to the development plan amendment.
   (d)   Hearing Examiner’s hearing, report, and recommendation.
      (1)   If there is public opposition to the development plan amendment, or if a public hearing is either recommended by the planning board or requested by any aggrieved party within 10 days of the date of the planning board meeting, the hearing examiner must conduct a public hearing on the development plan amendment.
      (2)   In this instance, the Hearing Examiner must compile the administrative record and forward a written report and recommendation to the District Council in the same manner as a local map amendment application under Article 59-H.  The Hearing Examiner by order may extend the 30-day time limit to submit the report to an additional 30 days.  The District Council may further extend the time for the Examiner’s report by resolution on request by the Hearing Examiner.  The recommendations of the Hearing Examiner must be based on the evidence of record.
      (3)   The provisions of section 59-H-6.5, title “Oral Argument,” apply to the hearing examiner’s recommendation.
   (e)   District council action.
      (1)   The district council must approve, disapprove, or defer the proposed amendment on the basis of the evidence of record. If there has been no hearing examiner's recommendation, the council may, prior to its decision, refer the amendment to the hearing examiner to conduct a public hearing and prepare a report, subject to the provisions of subsection 59-D-1.74(d), above.
      (2)   The time limits of section 59-H-8.1 apply to the district council decision.
      (3)   Parties aggrieved by a final decision of the district council have appeal rights as stated in section 59-H-8.4.
   (f)   The amended development plan approved by the District Council must be certified and filed as provided in section 59-D-1.64, above.
(Legislative History: Ord. No. 10-4, §§ 1--3; Ord. No. 10-45, § 3; Ord. No. 11-7, § 2; Ord. No. 11-48, §1; Ord. No. 12-1, § 1; Ord. No. 12-69, § 3; Ord. No. 16-55, § 1.)
   Editor’s note—Section 59-D-1.7 is cited in Manian v. County Council for Montgomery County, 171 Md. App. 38, 908 A.2d 665 (2006). 
Sec. 59-D-1.8. Procedure for site plan approval.
A site plan that conforms to all non-illustrative elements of the approved development plan must be submitted and approved under Division 59-D-3.
(Legislative History: Ord. No. 10-4, §§ 1--3; Ord. No. 10-45, § 3; Ord. No. 11-7, § 2; Ord. No. 15-63, § 2.)
   Editor's note-Section 21 of Ord. No. 10-53 repealed former § 59-D-1.8, "Validity-P.R.C. zone," and renumbered § 59-D-1.9 as § 59-D-1.8.
Division 59-D-2. PROJECT PLAN FOR OPTIONAL
METHOD OF DEVELOPMENT IN CBD, TOMX, TMX, AND RMX ZONES. [Note]

 

Notes

[Note]
*Editor's note-Section 59-D-2 [formerly §111-10] is interpreted in St. Luke’s House, Inc. v. Digiulian, 274 Md. 317, 336 A.2d 781 (1975)
   Section 3 of Ord. No. 11-71 added "and RMX Zones" to the title of this division.
Sec. 59-D-2.0. Zones enumerated.
The Planning Board is authorized to approve development under the optional method of development procedures described in Section 59-C-6.2 of the CBD zones, Section 59-C-10 of the RMX zones, Section 59-C-13 of the TOMX zones, Section 59-C-14 of the TMX zone, and the approval procedure set forth in this Division, for the following zones:
   CBD-0.5—Central Business District, 0.5
   CBD-R1—Central Business District, Residential, 1.0
   CBD-R2—Central District, Residential, 2.0
   CBD-1—Central Business District, 1.0
   CBD-2—Central Business District, 2.0
   CBD-3—Central Business District, 3.0
   RMX-1—Residential—Mixed Use Development, Community Center
   RMX-2—Residential—Mixed Use Development, Specialty Center
   RMX-3—Residential—Mixed Use Development, Regional Center
   RMX-1/TDR—Residential—Mixed Use, Community Center/Transferable Development Rights
   RMX-2/TDR—Residential—Mixed Use, Specialty Center/Transferable Development Rights
   RMX-3/TDR—Residential—Mixed Use, Regional Center/Transferable Development Rights
   RMX-2C—Residential—Mixed Use Development, Specialty Center, Commercial Base
   RMX-3C—Residential—Mixed Use Development, Regional Center, Commercial Base
   TMX—Transit Mixed-Use
   TOMX-2—Transit Oriented Mixed-Use, 2.0
   TOMX-2/TDR—Transit Oriented Mixed-Use/Transferable Development Rights, 2.0
provided, however, that a master or sector plan, or an amendment thereto, approved and adopted after September 1, 1983, may specify approval procedures different from the procedures set forth in this division. The procedures specified in such a sector plan or amendment may:
   1.   Require the extension of the time for the public hearing required by section 59-D-2.2;
   2.   Require a concurrent review of applications filed within a specified time period;
   3.   Require the comparison of applications in order to determine which applications shall be approved, provided that the standards by which the comparison shall be made are set forth in the approved and adopted sector plan or amendment; or
   4.   Grant approval priority to one or more specified classes of applications. To the extent that the procedures of such sector plan or amendment differ from those set forth in this division, the procedures of the sector plan or amendment shall be followed in the processing and approval of applications for the optional method of development.
(Legislative History: Ord. No. 10-1, § 1; Ord. No. 11-71, § 3; Ord. No. 15-56, § 3.)
Sec. 59-D-2.1. Application.
An application for the optional method of development on land classified in any of the above zones must be filed with the Planning Board by a person with a financial, contractual or proprietary interest in the property. If land or rights-of-way is owned or controlled by the State of Maryland, the County, or other political subdivision, government entity or agency, or the Washington Metropolitan Area Transit Authority ("WMATA"), a person may file an application for the land if the application includes an agency agreement or other written authorization from the government entity, agency or WMATA authorizing the person to include the public land or rights-of-way as part of the application. In cases where a property lies entirely in an area designated as an urban renewal area pursuant to Chapter 56, the landowner, contract purchaser, a legal entity, or individual holding legal interest, whether in whole or in part, may file a project plan application that  may include any other property also located entirely in the urban renewal area.  Five additional copies of the application must be included for the use of the public.  The applicant for the optional method of development has the burden of proof, which includes the burden of going forward with the evidence and the burden of persuasion on all questions determined by the Planning Board.
   59-D-2.11. Project plan required.
To ensure that the development will include the public facilities, amenities and other design features that will create an environment capable of supporting the greater densities and intensities permitted by the optional method of development, the developer must submit a project plan as a part of the application for the use of the optional method. In addition, the Planning Board must approve a site plan under Division 59-D-3 before any building permit is issued.  The project plan must clearly indicate how it will satisfy the purposes and standards of the zone.  The fact that a project complies with all of the stated general regulations, development standards or other specific requirements of the zone is not sufficient to create a presumption that the proposed development would be desirable, and is not sufficient to require the approval of the project plan or application.
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