Mayor and Council



   For the meeting on:

  October 28, 2013
   Department:   Community Planning and Development Services
   Division:  Planning
   Responsible staff:  Deane Mellander, Zoning Administrator
  phone: (240) 314 - 8224
  DMellander@rockvillemd.gov


Subject
Adoption of Resolution to Amend the Adequate Public Facilities Standards

Recommendation
Adopt the resolution to amend the Adequate Public Facilities Standards for the purpose of ensuring its consistency with Adequate Public Facilities Ordinance, and to make certain technical amendments.

Change in Law or Policy
The proposed resolution would revise the Adequate Public Facilities Standards (APFS) to make technical revisions and clarifications, exempt certain uses from most of the APFS standards, revise the school capacity provisions to give the City more authority in cases involving annexations, and revise the Fire and Emergency Services provisions to have the emergency response be from two stations.

Discussion
A public hearing was held before the Mayor and Council on September 30, 2013 to consider proposed revisions to the Adequate Public Facilities Standards (APFS). Since the September 30 public hearing, Councilmembers Hall and Moore developed and submitted a modified proposal to amend the APFS. The Mayor and Council considered the results of the public hearing testimony and discussed the modified proposal of Councilmembers Hall and Moore on October 14. At the conclusion of the October 14 discussion, the Mayor and Council directed staff to draft a resolution of approval to amend the APFS.

To provide the public with the opportunity to comment on the modified proposal submitted by Councilmembers Hall and Moore, the Mayor and Council agreed on October 14 to re-open the public hearing record. The record will remain open until the close of business on October 28.

The revisions to the APFS that are the subject of the resolution are outlined in Attachment A, which is comprised of two sections. The first section contains a "redlined" version showing the deletions and additions to the APFS. Text that would be relocated but otherwise unchanged is shown in green. The second section of Attachment A is a "clean" version incorporating the proposed revisions.

The most significant revision to the draft that was the subject of the September 30 public hearing is the deletion of the proposed waiver allowance for projects in the vicinity of Metro stations. Proposed revisions carried forward from the initial proposal include: technical and clarification changes; allowing certain uses, deemed to have a de minimis impact on public facilities, to be exempt from the schools and traffic standards, subject only to the emergency services provision and a final water and sewer check if needed; revising the approving authority for school provisions where there is a pending annexation; and revising the Fire and Emergency Services provisions to reduce the number of stations within a 10-minute response time from three stations to two.

Attachment B contains an explanation of the proposed revisions from Councilmembers Hall and Moore. The proposed Resolution of Approval is provided in Attachment C.

Mayor and Council History
The Mayor and Council considered the first proposal submitted by Councilmembers Hall and Moore on September 9, 2013. A public hearing was held on September 30. A discussion session was held on October 14; at the conclusion of the discussion, the Mayor and Council directed staff to prepare a draft resolution for consideration on October 28.

Public Notification and Engagement
Notice of the public hearing was published in the Gazetteon September 18 and 25. More than 50 individuals testified at the hearing or submitted comments to the record. At the October 14 meeting, the Mayor and Council re-opened the hearing record until the close of business on October 28. Additional notice of the re-opening of the record was sent via the Neighborhood Services listserve. No additional comments were received as of October 23, 2013.

Boards and Commissions Review
The Planning Commission discussed the proposed revisions at its meeting on September 25 and submitted a letter to the record of the hearing.

The Planning Commission discussed the current proposal on October 23 and will provide comments concerning it in a letter to the Mayor and Council.

Attachments
Attachment A - Revised APFS
Attachment A_APFS 10-28.pdfAttachment A_APFS 10-28.pdf

Attachment B - Line by line explanation

Attachment B_ Revised APFS point-by-point explanation AttachB.pdfAttachment B_ Revised APFS point-by-point explanation AttachB.pdf

Attachment C - Draft Resolution
APFS Resolution Attachment C 10-28.pdfAPFS Resolution Attachment C 10-28.pdf


Department Head:


Susan Swift, Director of Community Planning and Development Services
Approved on: 10/18/2013

City Manager:

Barbara B. Matthews, City Manager
Approved on: 10/24/2013