(a) Application. An application for the use of incentives shall be made by a property owner and shall include a description of the proposed project that reflects exceptional design quality, architectural features, and environmental sensitivity. The description also shall reflect land and streetscaping improvements and enhancement of open space that exceed the standards set forth in the Landscape Manual. The application also shall include a study showing the feasibility, need, and benefit to the community, and a site development plan.
(b) Evaluation of application. The Office of Planning and Zoning shall evaluate the application based on the following criteria:
(1) public access to uses and amenities;
(3) consistency with the purpose of this subtitle;
(4) conformance with the General Development Plan;
(5) consistency with the current County Capital Program;
(6) compatibility and quality of design;
(7) pedestrian and vehicular access and circulation; and
(8) environmental enhancement and mitigation.
(c) Building height and open areas. Within each land use classification, FAR's and building heights may be increased and open areas may be decreased, subject to the following limits:
(1) in the periphery, the maximum FAR shall be 0.5, the maximum height shall be six stories, and the minimum open area shall be 18.75% of a site;
(2) in the center, the maximum FAR shall be 0.75, the maximum height shall be eight stories, and the minimum open area shall be 12.5% of a site; and
(3) in the core, the maximum FAR shall be 1.2, the maximum height shall be 12 stories, except that landmark buildings may be built to a height of 16 stories as provided in subsection (f), and the minimum open area shall be 12.5% of a site, except as follows:
(i) the minimum open area may be 10% and the maximum FAR may be 2.0 for a mixed use or redevelopment of an existing developed site; and
(ii) the FAR for a residential use by itself or in conjunction with an office or other mixed use development may not be counted toward the total FAR for the development.
(d) Incentives. Incentives to be considered may include the following:
(1) quasi-public and institutional uses such as child or senior care centers and post offices provided as part of the project and available to the public;
(2) structured parking or contribution toward the construction of structured parking;
(3) public transportation such as shuttle buses to a park-and-ride lot if not otherwise required by this Code;
(4) additional open areas;
(5) regional storm water management or regional water quality improvements;
(6) addition of public art to the project;
(7) residential developments provided:
(i) that in the periphery the R22 uses are permitted if the FAR does not exceed 1.0; and
(ii) 25% of the additional units allowed are affordable housing units as defined by the Maryland Department of Housing and Community Development;
(8) mixed use developments if:
(i) there are residential uses proposed as part of the project;
(ii) in the periphery the average FAR for the project does not exceed 0.75;
(iii) in the center the average FAR for the project does not exceed 1.0;
(iv) the uses are only those uses allowed in C2, C3, R10, R15, and R22 Zoning Districts;
(v) density is limited to 44 dwelling units per acre; and
(vi) the Planning and Zoning Officer finds that the proposed uses are consistent with the criteria set forth in subsection (b) and the design development criteria for the Parole Town Center Growth Management Area; and
(9) preservation of naturally vegetated areas by dedication or easement in order to further protect the environmental integrity of receiving surface waters, including Church Creek, Weems Creek, Broad Creek, Saltworks Creek, and Gingerville Creek.
(e) Incentives in the core. Any incentive in the core may be approved and undertaken only in accordance with the Urban Design Concept Plan.
(f) Incentives for landmark buildings. Maximum incentives to allow structures of up to 16 stories in the core may be allowed only for landmark buildings that comply with the following:
(1) the project shall provide a public purpose as described in subsection (d)(1) and the applicant shall make a financial commitment for the support of public institutions such as child care centers, senior care centers, hospital and medical clinics, drug treatment centers and programs, social services centers, post offices, libraries, public schools, or other institutional uses;
(2) the project site shall be at least 20 acres in size;
(3) the project shall exhibit exemplary quality of design and architecture;
(4) the project shall establish a positive image as a gateway to the City of Annapolis;
(5) the project shall be shown to be in harmony with an overall design concept for the core area; and
(6) in addition to subsection (f)(1), the incentive proposal shall include significant transportation and environmental enhancements.
