Sponsored by the President at the Request of the Administration

ORDINANCE NO. 1919

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL APPROVING AND CONCURRING WITH THE CITY OF LAUREL PLANNING COMMISSION’S APPROVAL OF A CONCEPTUAL SITE PLAN FOR PROPERTY KNOWN AS 7003 VAN DUSEN ROAD, LAUREL, MD, ZONED M-X-T, AND PROVIDING FOR AN EFFECTIVE DATE.

Sponsored by the President at the request of the Administration.

WHEREAS, the Mayor and City Council created an M-X-T, Mixed Use – Transportation Oriented Zone to facilitate the orderly development of land located near major intersections and transit facilities and to promote the mixed use development of land; and

WHEREAS, the property located at 7003 Van Dusen Road, Laurel, Maryland (“Property”) is located in the northeast quadrant of Van Dusen Road and Contee Road, is proximate to Interstate 95 and is zoned M-X-T; and

WHEREAS, the zoning of the Property is consistent with the zoning identified for the Property in the duly adopted Master Plan of the City of Laurel; and

WHEREAS, the Property is a part of the larger Anderson’s Corner development which includes a multifamily housing development known as Avalon Bay Apartments, an approved Royal Farms, and a future park which has already been deeded to the City; and

WHEREAS, the Applicant submitted a Conceptual M-X-T Site Plan, exhibit 1, as prepared by Gutschick, Little and Weber (GLW) “Conceptual Site Plan.” The proposed plan is for a townhouse development entitled Spring Arbor, with a maximum of 60 townhouse units, a proposed easement area for drainage and storm water management; and

WHEREAS, the City of Laurel Unified Land Development Code provides that the Planning Commission shall review and approve conceptual site plans for development in the M-X-T zone; however, it is the City’s practice that the Mayor and City Council participate in the review of conceptual site plans for M-X-T zoned properties. Therefore, the Planning Commission conditioned its approval of the Conceptual Site Plan on the concurrence of the Mayor and City Council in its approval; and

WHEREAS, any findings of the Mayor and City Council developed in its review of the Conceptual Site Plan shall be included and/or addressed in the final site plan for the development; and

1 WHEREAS, a letter advising of the public hearing regarding the Conceptual Site Plan before the Planning Commission and requesting comments relating thereto was sent to the Maryland-National Capital Park & Planning Commission, the Prince George’s County School Board, the Maryland State Highway Administration, the Washington Suburban Sanitary Commission, the Prince George’s County Board of Health, the Maryland Department of Planning; and

WHEREAS, letters advising of the public hearing before the City of Laurel Planning Commission and the public hearing before the Mayor and City Council were sent to all contiguous property owners by certified mail, and

WHEREAS, a sign was posted on the Property, advising the public of the public hearings of the Mayor and City Council, as well as the public hearing of the City of Laurel Planning Commission; and

WHEREAS, a Notice of Public Hearing of the Mayor and City Council appeared in the Prince George’s Sentinel, a newspaper of general circulation in Prince George’s County and the City of Laurel, on September 7, 2017 and September 14, 2017; and

WHEREAS, the City of Laurel Planning Commission held a public hearing on September 12, 2017, and approved the M-X-T Conceptual Plan, subject to the concurrence of the Mayor and City Council, with conditions.

NOW THEREFORE BE IT ORDAINED by the Mayor and City Council of Laurel, Maryland that upon review of the Conceptual Site Plan, the Planning Commission’s Resolution approving the Conceptual Site Plan, and the testimony and evidence submitted to the Mayor and City Council:

1. The Mayor and City Council concurs with the findings of fact and conclusions of law of the City of Laurel Planning Commission, and affirms the Planning Commission's adoption of the Technical Staff Report for the Conceptual Site Plan.

2. The Mayor and City Council’s concurrence is conditioned upon the following, as adopted by the Planning Commission:

a. All requirements and conditions submitted by City department(s), public safety bodies and other agencies shall be incorporated into the Final M-X- T Site and Landscape Plan to be reviewed and approved by the Planning Commission.

b. All construction shall conform to this Ordinance, as well as the final M-X- T Site and Landscape Plan, as approved by the City of Laurel Planning Commission.

2 c. All fees and surcharges, as approved through the review process, shall be paid prior to the time construction begins.

d. All other requirements and conditions contained within the City of Laurel Planning Commission Resolution(s) shall be met prior to the issuance of the first building permit, or as noted.

AND BE IT FURTHER ENACTED AND ORDAINED, that this Ordinance shall take effect upon its passage.

PASSED this day of 2017.

ATTEST:

______KIMBERLEY A. RAU, MMC MICHAEL R. LESZCZ Clerk to the City Council President of the City Council

APPROVED this __day of 2017

______CRAIG A. MOE Mayor