Agenda - Planning Commission - 01/04/2018

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Zoning Bulletin December 10, 2017 I Volume 11 I Issue 23 RezoningNested Rights —After corporation obtains conditional site plan approval to build self -storage facility within a block of a school, city changes zoning to prohibit such facilities within 250 feet of schools Corporation contends it has a vested right to construct the self -storage facility, but city argues there was no vested right because corporation failed to comply with conditions in site plan approval or obtain building permit Citation: Siena Corporation v. Mayor and City Council of Rockville Mary- land, 873 F3d 456 (4th Ch: 2017) The Fourth Circuit has jurisdiction over Maryland, North Carolina, South Carolina, Virginia, and West Virginia. FOURTH CIRCUIT (MARYLAND) (10/13/17)—This case addressed the issue of whether a property owner had a vested right under the Due Process Clause of the United States Constitution in building a self -storage facility. The Background/Facts: In 2013, Siena Corporation and Rockville North Land LLLP (collectively, "Siena") sought to build an "ezStorage" self -storage facility in the City of Rockville, Maryland (the "City"). The property on which construction of the self -storage facility was proposed was zoned "Light Industrial." At the time Siena purchased the property, that zoning designation allowed for its use as the site of a self -storage facility. City residents opposed the proposed ezStorage facility, contending that it posed a safety threat to the students of the local elementary school, which was located down the block from Siena's property. Residents expressed fear that the ezStorage facility would increase traffic, and that the storage facility might be used to store "illegal or hazardous materials and therefore invite crime into the area." The Residents proposed that the City amend its zoning ordinance to prohibit self -storage facilities within 250 feet of school zones. Eventually, in February 2015, the City council adopted such a zoning ordinance amendment. In effect, the zoning ordinance amendment prohibited self -storage facilities like Siena's from being built within 250 feet of lots with public schools. While the zoning text amendment was being considered, and before it was adopted, Siena obtained from the City's Planning Commission conditional site plan approval for its proposed ezStorage facility. Final approval of the site plan was "subject to full compliance with" 19 conditions listed in the conditional approval, including obtainment of various permits. Siena did not © 2017 Thomson Reuters 5