EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* 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 Clarke
A BILL ENTITLED
AN ORDINANCE concerning
Title
Urban Renewal - Waverly Business Area - Amendment _
FOR the purpose of amending the Urban Renewal Plan for the Waverly Business Area to change the permitted land use categories, modify the uses permitted in the B-2-2 Zoning District in the Plan, amend the Property Rehabilitation Standards, create a Community Review Panel and provide a review process for the Plan, and amend an Exhibit to reflect changes in the Plan; correcting, clarifying, and conforming certain language and references; waiving certain content and procedural requirements; making the provisions of this Ordinance severable; providing for the application of this Ordinance in conjunction with certain other ordinances; and providing for a special effective date.
Body
BY authority of
Article 13 - Housing and Urban Renewal
Section 2-6
Baltimore City Code
(Edition 2000)
Recitals
The Urban Renewal Plan for the Waverly Business Area was originally approved by the Mayor and City Council of Baltimore by Ordinance 79-1029 and last amended by Ordinance 02-371.
An amendment to the Urban Renewal Plan for the Waverly Business Area is necessary to change the permitted land use categories, modify the uses permitted in the B-2-2 Zoning District in the Plan, amend the Property Rehabilitation Standards, create a Community Review Panel and provide for a review process for the Plan; amend an Exhibit to reflect the change in land use categories in the Plan, and correct, clarify, and conform certain language and references.
Under Article 13, § 2-6 of the Baltimore City Code, no substantial change may be made in any approved renewal plan unless the change is approved in the same manner as that required for the approval of a renewal plan.
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the following changes in the Urban Renewal Plan for the Waverly Business District are approved:
(1) Amend B.2.a. of the Plan to read as follows:
2. Land Use Provisions and Standards
a. Permitted Uses
Only the uses shown on the Land Use Plan Map shall be permitted within the project area. The use classifications are [Neighborhood Business] RESIDENTIAL, Community Business, INDUSTRIAL, and Public. Accessory uses, including landscaping, off-street parking and off-street loading will be permitted. In addition, certain existing uses will be permitted to continue subject to the provisions governing non-conforming uses set forth below in Section B.2.a (4).
(1) Community Business
In the areas designated as Community Business on the Land Use Plan Map, uses shall be limited to those permitted under the B-2-2 category of the Zoning [Ordinance] CODE of Baltimore City, including residential uses and parking; however, Blood Donor Centers, Massage Salons, Poultry and Rabbit Killing establishments, Pawnshops, Liquor and Package Goods Stores, [and] CHECK CASHING AGENCIES, Taverns - BUT NOT INCLUDING LIVE ENTERTAINMENT OR DANCING, COMMUNITY CORRECTION CENTERS, PAROLE AND PROBATION FIELD OFFICES, AND BAIL BONDS BUSINESSES, not in existence on the date of enactment of the Ordinance approving Amendment No. 2 of this Plan shall not be permitted. Soup Kitchens [and Check Cashing as primary uses] not in existence on the date of enactment of the Ordinance approving Amendment No. 2 of this Plan shall not be permitted.
(2) Residential
In the area designated as Residential on the Land Use Plan Map, uses shall be limited to those permitted under the R-8 and R-9 categories of the Zoning [Ordinance] CODE of Baltimore City.
(3) Public
In the area designated as Public PARKING on the Land Use Plan Map, the use shall be limited to off-street parking.
(4) [Non-Conforming] NONCONFORMING
A [non-conforming] NONCONFORMING use is any lawfully existing use of a building or other structure, or of land, which does not conform to the applicable use or bulk regulations of the district in which it is located according to the Zoning [Ordinance] CODE of Baltimore City. [Non-conforming] NONCONFORMING uses shall be permitted to continue, subject to all of the provisions of [Chapter 8 of the Zoning Ordinance of Baltimore City entitled "Non-Conformance"] TITLE 13 OF THE ZONING CODE OF BALTIMORE CITY TITLED "NONCONFORMANCE". A [non-conforming] NONCONFORMING use may be sold as long as that use is not discontinued for a period of time [which] THAT constitutes an abandonment for that class of use under [Chapter 8] TITLE 13 of the Zoning [Ordinance] CODE of Baltimore City.
(2) Amend B.2.b.(1)(b)i. of the Plan to read as follows:
2. Land Use Provisions and Standards
b. Regulations, Controls, and Restrictions on Land to be Acquired by the City
(1) Provisions Applicable to All Land and Property to be Acquired by the City
(b) Off-Street Parking Requirements
i. Parking spaces shall be provided on all lots for development as established in the Zoning [Ordinance] CODE of Baltimore City, or in such lesser amount as may be authorized by the Board of Municipal and Zoning Appeals as a Special Exception or Variance. In addition to these requirements, off-street parking areas shall be visually screened from public streets and adjacent properties.
(3) Amend C.3. a.(2), (3), and (4) of the Plan to read as follows:
3. Property Rehabilitation Standards
a. Windows
(2) All windows must be tight-fitting and have sashes of proper size and design. Sashes with rotten wood, broken joints or loose mullions or muntins shall be replaced. All broken and missing windows and glass blocks shall be replaced with glass [or approved plastic glazing]. All exposed wood shall be repaired and painted.
(3) Window openings in upper floors of the front of the building shall not be filled, boarded up, or covered by any flat or projecting signs. Windows in unused areas of the upper floors may be backed by a solid surface on the inside of the glass OR COVERED BY APPROVED EXTERIOR SHUTTERS. Window panes shall not be painted.
(4) Shutters may be provided on windows above the first floor level on the front of the buildings. They shall be constructed of wood OR APPROVED MATERIAL and affixed to the wall by either a metal latch or be held permanently open (fastened to the wall). The use of shutters shall be approved prior to installation by the Department of Housing and Community Development[,] and shall not be allowed in cases where shutters would be inharmonious with the design of the building.
(4) Amend C.3.b.(5)(e) and (f) and (7) of the Plan to read as follows:
3. Property Rehabilitation Standards
b. Building Fronts and Sides Abutting Streets
(5) Awnings
(e) Rigid or fixed awnings, sun screens or permanent canopies are [not] permitted WITH APPROVAL [on any portion of the building front].
(f) AWNINGS MUST BE MAINTAINED AT ALL TIMES. AWNINGS THAT ARE TORN OR OTHERWISE IN DISREPAIR MUST BE REPAIRED OR REPLACED QUICKLY.
(7) Materials used on storefronts shall be consistent with the character of other buildings in the Business Area as well as other materials used on the building itself. Other factors such as durability, ease of maintenance and historical accuracy of materials shall be considered in relation to future material installations. Formstone, aluminum siding, VINYL SIDING, real or simulated woodshakes, pebble-faced plywood, or any other material not approved by the Commissioner, shall not be permitted for any future use. Existing corrugated metal facing shall be cleaned, or, with approval of the Commissioner, painted a duranodic bronze color. Corrugated metal facing may NOT be used in the future [provided it is of a duranodic bronze finish]. Existing aluminum siding shall be removed.
(5) Amend C.3.g.(2), (4), (7), and (9)(c) of the Plan to read as follows:
3. Property Rehabilitation Standards
g. Signs
(2) Flat signs shall be placed parallel to the building face and shall not project more than 12" from the surface of the building and shall not exceed in area (SQUARE FEET) [three times] the width [in feet] of the [frontage of the building] FRONT FACADE IN LINEAR FEET. FOR EXAMPLE, IF THE FRONT OF A BUILDING IS 20 FEET WIDE, THE SIGN MAY NOT EXCEED 20 SQUARE FEET. In the case of corner properties, each facade is to be calculated separately as to size allowed for each. The tops of flat signs shall be placed no higher than the bottom of the second story window where windows exist or 13 feet above grade level, whichever is lower. Signs may be placed higher than 13 feet if such placement is consistent with the exterior design of the building and is approved by the Department of Housing and Community Development. Lettering, including but not limited to neon signs, applied to ground floor show windows or entrance doors shall not exceed [three feet] 12" in height, [and] logos shall not exceed [three] 3 feet in height, and the text shall be limited to identification of the business. Signs identifying the occupant shall be permitted at rear entrance doors but shall not exceed [six] 6 square feet in size, except where authorized by the Department of Housing and Community Development. No more than [50] 20% of the entire window area on each side of the building may be obstructed from view. TEMPORARY SIGNS MAY NOT BE IN PLACE FOR GREATER THAN 30 DAYS. AUXILIARY OR INFORMATION SIGNS ARE SUBJECT TO APPROVAL.
(4) One projecting sign shall be permitted for each street level business within the project boundaries. These signs shall be double faced and or oriented 90% to the building face. Signs shall extend no higher than 15 feet and no lower than 10 feet above the sidewalk. Signs shall project no more than 4 feet from the face of the building. Total area of the sign shall not exceed 12 square feet per face. These signs shall feature only the name of the establishment, and/or graphic symbol or logo, and shall be constructed of wood, plastic, or metal. Signs shall be mounted to the storefront in an attractive and workmanlike manner. The use of logos, symbols, or freestanding letters is encouraged. Internally lit box or suitcase signs are not permitted. In all cases, the type of sign and its location shall be harmonious in scale, color, and style with the building[,] and shall be approved by the Commissioner only upon submission and review of scaled descriptive drawing showing the sign's location, size, material, and methods of mounting and lighting. Existing projecting signs shall be allowed to remain on 31st and 32nd Streets, provided that the signs and their supporting mechanisms are kept in good repair. THREE DIMENSIONAL SPECIALTY SIGNS (I.E., HAMMER FOR A HARDWARE STORE, EYEGLASSES FOR AN OPTICIAN) ARE ENCOURAGED AND WILL BE SUBJECT TO INDIVIDUAL APPROVAL.
(7) Roof top signs, signs above the parapet of a building, billboards, or outdoor advertising signs painted or mounted on structures [other than billboards, except as otherwise herein provided,] shall not be permitted.
(9) Marquees shall only be allowed on operating theaters. The design of such marquees must be approved by the Commissioner of the Department of Housing and Community Development.
(c) [Only standard] STANDARD marquee letters [may] MUST be used for signage on the marquee.
(6) Add new C.4. and 5. to the Plan to read as follows:
4. CREATION OF A COMMUNITY REVIEW PANEL
WAVERLY MAIN STREET SHALL FACILITATE THE CREATION OF A COMMUNITY REVIEW PANEL. ALL MEMBERS OF THE PANEL WHO ARE APPOINTED BY THE NEIGHBORHOOD ORGANIZATIONS AND WAVERLY MAIN STREET ARE DEFINED AS THE INITIAL PANEL MEMBERS. IT IS THE RESPONSIBILITY OF THESE INITIAL PANEL MEMBERS TO ESTABLISH A PROCESS FOR SELECTING THE AT-LARGE MEMBERS WHO WILL FILL THE REMAINING SLOTS ON THE PANEL. ALL OF THE MEMBERS WILL THEN CREATE THE GUIDELINES FOR OPERATING THE PANEL. THE COMMUNITY REVIEW PANEL WILL THEN BE RESPONSIBLE FOR CONDUCTING THE COMMUNITY REVIEW PROCESS. ITS GUIDELINES WILL BE MADE AVAILABLE TO ANYONE WHO REQUESTS A COPY.
THE COMMUNITY REVIEW PANEL MUST REVIEW AND RECOMMEND APPROVAL OR DENIAL OF PERMIT APPLICATIONS FOR EXTERIOR REHABILITATION AND NEW CONSTRUCTION TO ENSURE THAT THE GOALS AND OBJECTIVES OF THIS URBAN RENEWAL PLAN ARE INCORPORATED IN THE PROPOSED PLANS. THE COMMUNITY REVIEW PANEL MUST ALSO REVIEW DEMOLITION PERMIT APPLICATIONS TO DETERMINE WHETHER THE PROPOSED DEMOLITION IS IN CONFORMANCE WITH THE GOALS AND OBJECTIVES OF THIS PLAN.
A. MEMBERS OF THE COMMUNITY REVIEW PANEL ARE RESPONSIBLE FOR CONVEYING INFORMATION ABOUT THE WORK AND DECISIONS OF THE PANEL TO THE ORGANIZATIONS THEY REPRESENT.
B. MEMBERSHIP OF THE PANEL MUST INCLUDE:
(1) 1 REPRESENTATIVE FROM THE ABELL IMPROVEMENT ASSOCIATION (OR ITS DESIGNEE);
(2) 1 REPRESENTATIVE FROM THE BETTER WAVERLY COMMUNITY ASSOCIATION (OR ITS DESIGNEE);
(3) 1 REPRESENTATIVE FROM GUILFORD ON GREENMOUNT (OR ITS DESIGNEE);
(4) 1 REPRESENTATIVE FROM THE HARWOOD COMMUNITY ASSOCIATION (OR ITS DESIGNEE);
(5) 1 REPRESENTATIVE FROM THE OAKENSHAWE ASSOCIATION (OR ITS DESIGNEE);
(6) 1 REPRESENTATIVE FROM WAVERLY IMPROVEMENT ASSOCIATION (OR ITS DESIGNEE);
(7) 1 REPRESENTATIVE FROM A BUSINESS IN THE DISTRICT THAT IS LOCATED WEST OF GREENMOUNT AVENUE OR ON THE WEST SIDE OF GREENMOUNT AVENUE;
(8) 1 REPRESENTATIVE FROM A BUSINESS IN THE DISTRICT THAT IS LOCATED EAST OF GREENMOUNT AVENUE OR ON THE EAST SIDE OF GREENMOUNT AVENUE;
(9) 1 REPRESENTATIVE FROM WAVERLY MAIN STREET (OR DESIGNEE), WHO MUST LIVE OR WORK WITHIN THIS URBAN RENEWAL AREA;
(10) 1 REPRESENTATIVE FROM A NON-PROFIT ORGANIZATION IN THE DISTRICT -
THE NON-PROFIT ORGANIZATION MUST BE A 501C(3) ORGANIZATION AS
DEFINED BY THE IRS;
(11) 1 NON-VOTING MEMBER WHO IS AN ARCHITECT;
(12) 1 NON-VOTING MEMBER FROM THE BALTIMORE CITY COMMISSION FOR
HISTORICAL AND ARCHITECTURAL PRESERVATION; AND
(13) 1 NON-VOTING MEMBER FROM THE BALTIMORE CITY DEPARTMENT OF
PLANNING.
c. QUORUM FOR THE COMMUNITY REVIEW PANEL SHALL BE 5 VOTING MEMBERS. A TIE VOTE MUST BE COUNTED AS A FAILURE OF THE MOTION.
d. MEETINGS WILL BE HELD AS NEEDED.
e. COMMUNITY REVIEW PANEL MEETINGS WILL BE POSTED ON THE WAVERLY MAIN STREET WEBSITE ONE WEEK PRIOR TO THE MEETING DATE.
5. PLAN REVIEW
TO ENSURE THAT DEVELOPMENT IS CONSISTENT WITH THE REQUIREMENTS AND OBJECTIVES OF THIS URBAN RENEWAL PLAN, ALL PLANS AND SPECIFICATIONS FOR NEW CONSTRUCTION (INCLUDING PARKING LOTS) AND EXTERIOR REHABILITATION FOR ANY PROPERTY MUST BE SUBMITTED FOR APPROVAL TO THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. THE PLAN REVIEW PROCESS BEGINS WITH A BUILDING PERMIT APPLICATION TO DHCD:
A. THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT MUST FORWARD THE PERMIT APPLICATIONS FOR ALL NEW CONSTRUCTION AND FOR ALL EXTERIOR REHABILITATION THAT INCLUDES SIGNIFICANT CHANGES THAT ARE VISIBLE FROM A PUBLIC STREET TO THE COMMUNITY REVIEW PANEL IN CARE OF WAVERLY MAIN STREET.
B. IN ADDITION TO MATERIAL GIVEN TO DHCD, DEVELOPERS OR PROPERTY OWNERS ARE RESPONSIBLE FOR PROVIDING THE FOLLOWING INFORMATION TO WAVERLY MAIN STREET FOR THE USE OF THE COMMUNITY REVIEW PANEL:
(1) FOR RENOVATIONS THAT CHANGE EXISTING BUILDING FACADES THAT ARE VISIBLE FROM A PUBLIC STREET:
(A) PHOTOGRAPHS OF THE EXISTING FACADES AND NEIGHBORING BUILDINGS;
(B) ELEVATIONS OF THE FACADES SHOWING THE PROPOSED CHANGES;
(C) ADDITIONAL DRAWINGS OR RENDERINGS AS NEEDED TO EXPLAIN THE PROPOSED CHANGES; AND
(D) COLOR CHIPS AND SAMPLES OF PROPOSED MATERIALS.
(2) FOR PROJECTS THAT INCLUDE NEW STRUCTURES OR NEW BUILDING ADDITIONS THAT ARE VISIBLE FROM A PUBLIC STREET:
(A) THE ITEMS LISTED ABOVE;
(B) ELEVATIONS OF ALL OF THE FACADES;
(C) A COMPLETE SET OF FLOOR PLANS;
(D) A SITE PLAN SHOWING ADJACENT PROPERTIES AND STRUCTURES; AND
(E) A SMALL STUDY MODEL.
(3) THE SITE PLANS AND DRAWINGS MUST BE DRAWN TO A STANDARD ARCHITECTURAL OR ENGINEERING SCALE. PHOTOGRAPHS AND RENDERINGS MUST SHOW ENOUGH OF THE BLOCKS AND BUILDINGS AROUND THE PROJECT SO THAT THE COMMUNITY REVIEW PANEL CAN DETERMINE HOW SUCCESSFULLY THE PROJECT FITS IN WITH THE NEARBY PARTS OF THE NEIGHBORHOOD.
C. THE PANEL WILL BE GIVEN A MAXIMUM OF 45 DAYS FROM THE DATE OF THE RECEIPT OF THE REQUIRED INFORMATION FROM THE OWNER OR DEVELOPER TO RESPOND WITH A RECOMMENDATION FOR APPROVAL OR DISAPPROVAL OF THE PERMIT TO DHCD. THE PANEL MUST FORWARD ITS WRITTEN RECOMMENDATION TO THE APPLICANT, THE DEPARTMENT OF PLANNING, AND THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. IF THE COMMUNITY REVIEW PANEL RECOMMENDS DISAPPROVAL, A WRITTEN EXPLANATION WILL BE PROVIDED DETAILING HOW THE PROPOSAL DID NOT COMPLY WITH THE URBAN RENEWAL DESIGN STANDARDS. APPROVED PLANS AND DRAWINGS WILL BE STAMPED BY THE COMMUNITY REVIEW PANEL BEFORE THEY ARE FORWARDED TO THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.
D. ALL PROPERTY OWNERS AND DEVELOPERS ARE ENCOURAGED TO BRING THEIR CONCEPTUAL AND PRELIMINARY DESIGNS TO THE COMMUNITY REVIEW PANEL THROUGH WAVERLY MAIN STREET TO BEGIN A DIALOG WITH THE COMMUNITY BEFORE THE PLANS ARE FINALIZED FOR THE CITY PERMITS. AN EARLY PRESENTATION OF THE PLANS WILL OFTEN HELP THE PROPOSAL PROCEED SMOOTHLY THROUGH THE APPROVAL PROCESS WITHOUT MAJOR AND COSTLY LAST MINUTE CHANGES TO THE PLANS. PRELIMINARY PRESENTATIONS MAY EXPEDITE THE PROCESS BUT DO NOT CHANGE THE FORMAL APPROVAL PROCESS OUTLINED ABOVE.
E. IF THE PROJECT PLANS UNDERGO SUBSTANTIAL CHANGE BEFORE THE PERMITS ARE APPROVED BY DHCD, THE REVISED PLANS MUST BE SUBMITTED TO THE COMMUNITY REVIEW PANEL FOR ADDITIONAL REVIEW. THE PANEL WILL HAVE 30 DAYS FROM THE RECEIPT OF THE NEW REQUIRED INFORMATION TO REVIEW THE AMENDED PLANS PRIOR TO RESPONDING AGAIN IN WRITING TO THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.
F. IF A DEVELOPMENT PROJECT LOCATED WITHIN THE BOUNDARIES OF THIS PLAN IS REFERRED BY THE PLANNING DEPARTMENT OR DHCD TO THE CITY'S URBAN DESIGN AND ARCHITECTURE REVIEW PANEL (UDARP) FOR DESIGN REVIEW, THE PROJECT MUST ALSO BE REFERRED TO THIS COMMUNITY REVIEW PANEL FOR REVIEW. THE COMMUNITY REVIEW PANEL WILL, WITHIN THE TIME SPECIFIED FOR ITS COMMENTS, FORWARD ITS RECOMMENDATIONS TO THE COMMISSIONER SO THAT ITS VIEW, ALONG WITH THOSE OF THE CITY'S URBAN DESIGN AND ARCHITECTURE REVIEW PANEL, CAN BE CONSIDERED IN THE COMMISSIONER'S DECISIONS.
G. AFTER THE RECEIPT OF THE DECISION OF THE COMMUNITY REVIEW PANEL OR AFTER THE TIME FRAME FOR THE COMMUNITY REVIEW PANEL DECISION ESTABLISHED IN THIS DOCUMENT HAS ELAPSED, DHCD WILL APPROVE OR DISAPPROVE THE PERMIT. DHCD MUST, TO THE BEST OF ITS ABILITY, BASE ITS DECISION ON WHETHER THE PROPOSED PROJECT IS CONSISTENT WITH THE OBJECTIVES OF THIS URBAN RENEWAL PLAN AND TAKE INTO CONSIDERATION THE OPINION OF THE COMMUNITY REVIEW PANEL. THE COMMISSIONER OF DHCD RETAINS THE FINAL RIGHT TO APPROVE OR DISAPPROVE ALL PLANS AND PERMITS.
(7) Amend Exhibit 1, "Land Use Plan", of the Plan, to reflect the change in land use categories.
SECTION 2. AND BE IT FURTHER ORDAINED, That the Urban Renewal Plan for the Waverly Business Area, as amended by this Ordinance and identified as "Urban Renewal Plan, Waverly Business Area, revised to include Amendment _, dated April 30, 2007", is approved. The Department of Planning shall file a copy of the amended Urban Renewal Plan with the Department of Legislative Reference as a permanent public record, available for public inspection and information.
SECTION 3. AND BE IT FURTHER ORDAINED, That if the amended Urban Renewal Plan approved by this Ordinance in any way fails to meet the statutory requirements for the content of a renewal plan or for the procedures for the preparation, adoption, and approval of a renewal plan, those requirements are waived and the amended Urban Renewal Plan approved by this Ordinance is exempted from them.
SECTION 4. AND BE IT FURTHER ORDAINED, That if any provision of this Ordinance or the application of this Ordinance to any person or circumstance is held invalid for any reason, the invalidity does not affect any other provision or any other application of this Ordinance, and for this purpose the provisions of this Ordinance are declared severable.
SECTION 5. AND BE IT FURTHER ORDAINED, That if a provision of this Ordinance concerns the same subject as a provision of any zoning, building, electrical, plumbing, health, fire, or safety law or regulation, the applicable provisions shall be construed to give effect to each. However, if the provisions are found to be in irreconcilable conflict, the one that establishes the higher standard for the protection of the public health and safety prevails. If a provision of this Ordinance is found to be in conflict with an existing provision of any other law or regulation that establishes a lower standard for the protection of the public health and safety, the provision of this Ordinance prevails and the other conflicting provision is repealed to the extent of the conflict.
SECTION 6. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the date it is enacted.
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dlr07-1284~intro/25Apr07
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