Submitted by: Jeff Ulysse
Submitting Department: Community & Economic Development
Agenda Section: Action
Item Title:
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Authorization to Send Letter of Support for a Proposed State Legislation enabling Prince George’s County Municipalities to make Land Use Decisions in place of the County Planning Board
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Suggested Action:
recommendation
I move that the Mayor and Council authorize the City Administrator to send correspondence to the City’s State Delegates in support of a proposed State Legislation enabling Prince George’s County Municipalities to make land use decision in place of the County Planning Board.
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Summary Background:
The City of College Park reached out to surrounding municipalities asking for a letter of support for draft State legislation that would enable Prince George’s County municipalities to make land use decisions instead of the Planning Board. Several municipalities have expressed their intent to support. If enacted, the bill would provide the following:
• Municipalities that employ or have under contract a certified planner are deemed to be Qualifying Municipal Corporations and are granted powers to make land use decisions previously delegated to Zoning Hearing Examiner, Planning Board and District Council.
• Revise the Land Use Article concerning subdivision approval to specify that a Qualifying Municipal Corporation is authorized to approve subdivisions in addition to zoning actions.
• Exempts Qualifying Municipal Corporations from needing an agreement with the District Council before exercising land use authority.
• Exempts Qualifying Municipal Corporations from requiring an agreement with the District Council to exercise concurrent powers over zoning enforcement.
• Any Party of Record can request judicial review of any decision, including a subdivision decision.
If the enabling legislation is passed it would afford municipalities who opt in to have powers and authority related to design standards; parking and loading standards; signage; lot size variances and setback and similar requirements; landscaping requirements; certification, revocation, and revision of nonconforming uses; minor changes to approved special exceptions; vacation of municipal rights-of-way; and detailed site plans in certain limited situations.
This letter of support would not bind Hyattsville. Hyattsville does not currently have the staffing or logistical infrastructure to manage land use decisions. If we decide to move in this direction, we would explore partnering with surrounding communities to establish a planning team/municipal corporation who would be responsible for land use analysis and recommendations.
Finally, the legislation does not grant authority to amend County Zoning Law or Adopt Municipal Zoning Law, and the municipal land use decisions would be subject to the standards and procedures established by County zoning law.
Next Steps:
Draft letter of support.
Fiscal Impact:
N/A This is enabling legislation. There will be a cost if the City decides to move forward
City Administrator Comments:
Recommend Support. If approved, the City would collaborate with other municipalities to establish a Planning Board/Team who would work with our City Planner or planning staff to identify priorities and make recommendations. We have one Certified City Planner on staff and without partnering or hiring additional staff and a land use attorney we do not have the ability to manage land use decisions independently.
Community Engagement:
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Strategic Goals:
Goal 5 - Strengthen the City’s Identity as a Diverse, Creative, and Welcoming Community
Legal Review Required?
N/A