* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: Councilmember Kraft
At the request of: Natty Boh, LLC
Address: c/o Jon Laria, Esquire, Ballard Spahr Andrews & Ingersoll, LLP, 300 East Lombard
Street, 18th Floor, Baltimore, Maryland 21202
Telephone: 410-528-5506
A BILL ENTITLED
AN ORDINANCE concerning
Title
Planned Unit Development - Brewers Hill
FOR the purpose of repealing the existing Development Plan for Brewers Hill Planned Unit Development and approving a new Development Plan for Brewers Hill Planned Unit Development.
Body
BY authority of
Article - Zoning
Title 9, Subtitles 1 and 5
Baltimore City Revised Code
(Edition 2000)
Recitals
By Ordinance 00-128, the Mayor and City Council of Baltimore approved the application of Natty Boh, LLC, to have certain property located north of Boston Street, east of South Conkling Street (but also including 1200 South Conkling Street), south of Dillon Street (but also including 4001 Hudson Street), and west of South Haven Street, all as more particularly specified therein, designated an Industrial Planned Unit Development and approved the Development Plan submitted by the applicant.
Natty Boh, LLC, wishes to rescind Ordinance 00-128 and replace the existing Development Plan, with a new one that will amend the boundaries of the Planned Unit Development and amend the Development Plan, as previously approved by the Mayor and City Council, to add to the Planned Unit Development the property known as 3901 Dillon Street, add to the Planned Unit Development a portion of existing City right-of-way, amend the permitted uses and their densities, and generally provide for a mixed-use, live/work/play, urban development including (but not limited to) residential, office, retail, storage, light industrial, light manufacturing, and research/laboratory uses.
On February 21, 2006, representatives of Natty Boh, LLC, met with the Department of Planning for a preliminary conference, to explain the scope and nature of the proposed new Development Plan.
The representatives of Natty Boh, LLC, have now applied to the Baltimore City Council for approval of the replacement Planned Unit Development, which is intended to satisfy the requirements of Title 9, Subtitles 1 and 5, of the Baltimore City Zoning Code.
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That Ordinance 00-128 is repealed.
SECTION 2. AND BE IT FURTHER ORDAINED, That the Mayor and City Council approves the replacement of the Planned Unit Development and approves the new Development Plan submitted by the Developer, as attached to and made part of this Ordinance, including:
(a) Sheet 1, "Existing Conditions", dated February 6, 2006, and revised February 13, 2006;
(b) Sheet 2, "Development Plan", dated February 6, 2006, and revised February 13, 2006;
(c) Sheet 3, "Illustrative Concept Master Plan (First Level)", dated February 6, 2006, and revised February 13, 2006;
(d) Sheet 4, "Illustrative Concept Master Plan (Upper Levels)", dated February 6, 2006, and revised February 13, 2006;
to designate the property an Industrial Planned Development under Title 9, Subtitles 1 and 5 of the Baltimore City Zoning Code.
SECTION 3. AND BE IT FURTHER ORDAINED, That the maximum square footage for all buildings and uses in the Planned Unit Development is 1,982,250 square feet, with further sublimits as follows (all references to Areas are as labeled on the Development Plan):
(a) a maximum of 60 residential units in Area 1;
(b) a maximum of 200 residential units and 270,000 square feet in Area 2;
(c) a maximum of 180,000 square feet in Area 3;
(d) a maximum of 210,000 square feet in Area 4;
(e) a maximum of 52,000 square feet in Area 5;
(f) a maximum of 80 residential units and 200,000 square feet in Area 6;
(g) a maximum of 60,000 square feet in Area 7;
(h) a maximum of 1,480,250 square feet in Area 8;
(i) a maximum of 600,000 square feet of retail uses throughout the Planned Unit Development;
(j) a maximum of 1,982,250 square feet of office uses throughout the Planned Unit Development;
(k) a maximum number of residential units as would be allowed in a B-3-2 Zoning District pursuant to § 9-409 of the Zoning Code of Baltimore City, provided that such residential units may be distributed unevenly throughout the Planned Unit Development so long as the total number of units does not exceed the total density that would be permitted throughout the Planned Unit Development by § 9-409 of the Zoning Code of Baltimore City.
Square footage or unit limits within the foregoing Areas are sublimits only, and any unused square footage or residential units within the Areas may be used elsewhere in the Planned Unit Development so long as the overall Planned Unit Development limits are not exceeded. The foregoing limits shall not apply to any area in below-grade basements or to areas devoted to the loading or the parking of motor vehicles, whether on surface lots or in structured parking decks or garages.
SECTION 4. AND BE IT FURTHER ORDAINED, That no residential uses shall be located within the specified area west of Haven Street, as more particularly shown on the Development Plan.
SECTION 5. AND BE IT FURTHER ORDAINED, That the maximum heights for all buildings within the Planned Unit Development shall be 257 feet above sea level.
SECTION 6. AND BE IT FURTHER ORDAINED, That in accordance with the provisions of Title 9, Subtitles 1 and 5, the following uses are allowed within the Planned Unit Development, subject to the square footage limits and sublimits in Section 3 above:
(a) Uses authorized in Industrial Districts.
(1) All uses specified in §§ 7-206, 7-207, 7-208, and 7-209 of the Zoning Code of Baltimore City as permitted, accessory or conditional uses in an M-1 Zoning District are specifically authorized as permitted, accessory, and conditional (subject to the requirements of Title 14 of the Zoning Code of Baltimore City - Conditional Uses) in the Planned Unit Development.
(2) The following additional uses are permitted in the Planned Unit Development:
Beer and ale: brewing;
Clubs and lodges;
Photoengraving;
Sign manufacturing and sales.
(b) Uses authorized in Business Districts.
(1) Except as provided by paragraph 3 below, all uses specified in §§ 6-406, 6-407, 6-408, and 6-409 of the Zoning Code of Baltimore City as permitted, accessory or conditional uses in the B-3 Zoning District are specifically authorized as permitted, accessory, and conditional (subject to the requirements of Title 14 of the Zoning Code of Baltimore City - Conditional Uses), in the Planned Unit Development.
(2) The following additional uses are permitted in the Planned Unit Development:
Auditoriums;
Banquet halls;
Bed and breakfast establishments;
Bed and breakfast homes;
Concert halls;
Convention halls;
Dance halls;
Outdoor table service when accessory to a permitted use;
Pool halls and billiard parlors;
Restaurants with curbside pick-up service, if accessory to a full-service restaurant
(3) The following uses are prohibited in the Planned Unit Development:
Adult entertainment;
After hours establishments;
Amusement parks and permanent carnivals;
Automobile painting shops;
Book or video stores - adult;
Check cashing;
Community corrections centers;
Contractor construction shops and yards;
Firearms sales;
Fraternity and sorority houses;
Garages and lots for bus and transit vehicles;
Garages, other than accessory, for storage, repair and servicing of motor vehicles
not over 1-1/2 tons capacity -- including body repair, painting, and engine rebuilding;
Garages, other than accessory, for storage, repair and servicing of motor vehicles
over 1-1/2 tons capacity;
Highway maintenance shops and yards;
Mobile home sales;
Pawnshops
Peep show establishments;
Restaurants and taverns with live entertainment and dancing in Areas 1, 2, 3, 4, 5,
and 6;
Stables for horses;
Stadiums;
Substance abuse treatment centers
SECTION 7. AND BE IT FURTHER ORDAINED, That off-street parking requirements for the Planned Unit Development are as follows:
(a) Off-street parking spaces must be provided as follows:
(1) Office Uses - 2.5 spaces per 1,000 square feet of floor area;
(2) Retail Uses - 3 spaces per 1,000 square feet of floor area;
(3) Warehouse/Manufacturing/Industrial Uses - 0.5 spaces per 1,000 square feet of floor area;
(4) Residential Uses - 1.5 spaces per each Dwelling Unit and 1.0 spaces per each Efficiency Unit.
(b) Off-street parking areas that are located within 300 feet of the boundary of the Planned Unit Development may be included as off-street parking spaces for the plan with approval of the Planning Commission. The Planning Commission may also extend this distance.
(c) When reviewing plans for final design approval, the Planning Commission shall take into consideration when proposed uses have different peak parking characteristics which complement each other, so that parking spaces provided may reasonably be shared by proposed uses and an excess of parking is not provided by strict cumulation of the parking requirements listed in Section 7(a) above.
SECTION 8. AND BE IT FURTHER ORDAINED, That upon purchase or lease by Natty Boh, LLC, its successors, assigns, or designees, of the property designated a Planned Unit Development under this Ordinance, such properties shall be included in the Planned Unit Development, and until such time shall not be regulated by this Ordinance.
SECTION 9. AND BE IT FURTHER ORDAINED, That all plans for the construction of permanent improvements on the property are subject to final design approval by the Planning Commission to insure that the plans are consistent with the Development Plan and this Ordinance.
SECTION 10. AND BE IT FURTHER ORDAINED, That the Planning Department may determine what constitutes minor or major modifications to the Development Plan. Minor modifications require approval by the Planning Commission. Major modifications require approval by Ordinance.
SECTION 11 AND BE IT FURTHER ORDAINED, That as evidence of the authenticity of the accompanying Development Plan and in order to give notice to the agencies that administer the City Zoning Ordinance: (i) when the City Council passes this Ordinance, the President of the City Council shall sign the Development Plan; (ii) when the Mayor approves this Ordinance, the Mayor shall sign the Development Plan; and (iii) the Director of Finance then shall transmit a copy of this Ordinance and the Development Plan to the Board of Municipal and Zoning Appeals, the Planning Commission, the Commissioner of Housing and Community Development, the Supervisor of Assessments for Baltimore City, and the Zoning Administrator.
SECTION 12. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
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