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: The Council President
At the request of: The Administration (Department of Housing and Community Development)
A BILL ENTITLED
AN ORDINANCE concerning
Title
Urban Renewal - Middle Branch - Renewal Area Designation and Urban Renewal Plan
FOR the purpose of designating as a "Renewal Area" an area situated in Baltimore City, Maryland known as Middle Branch, bounded generally by I-95 on the north, Hanover Street on the east, Waterview Avenue on the south, and Kloman Street on the west; approving a Renewal Plan for Middle Branch; establishing the objectives of the Plan; establishing permitted land uses; providing for review of all plans for development or rehabilitation of any property; authorizing the acquisition by purchase or by condemnation ofr certain properties for urban renewal purposes; creating certain disposition lots; providing for the term of the Plan; establishing procedures for amending the Plan; approving certain exhibits and an appendix to the Plan; providing for certain design guidelines, standards, and controls; and providing that in the event of any question regarding the meaning of these standards and controls or other provisions of the Renewal Plan, the interpretation by the Planning Department is final and binding, but may not be unreasonable or arbitrary; repealing the existing Middle Branch Area Urban Renewal Plan; approving 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)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That Ordinance 79-1146, which established the Middle Branch Area and Urban Renewal Plan and which was last amended by Ordinance 83-914, is repealed.
SECTION 2. AND BE IT FURTHER ORDAINED, That the area known as Middle Branch, as more particularly described in Section 3, is established.
SECTION 3. AND BE IT FURTHER ORDAINED, That the Urban Renewal Plan for Middle Branch is adopted to read as follows:
Middle Branch Urban Renewal Plan
A. Project Description
1. Boundary Description
Beginning at a point located on the south side of Waterview Avenue, 330 feet east of Sidney Avenue; thence along the south side of Waterview Avenue easterly to the centerline of Hanover Street; thence northerly along the centerline of Hanover Street to the centerline of Interstate 95; thence westerly along the centerline of Interstate 95 westerly a distance of 3,290 feet to intersect with the west side of Kloman Street extended; thence southwesterly along the west side of Kloman Street to the south side of Wenburn Street; thence westerly to the west side of a 10-foot alley; thence southwesterly along the west side of the 10-foot alley and also along the western property line of lot 86/91, block 7445, and across Waterview Avenue to the beginning point.
B. Urban Renewal Objectives
1. To facilitate economic development and expand transportation choices by enhancing opportunities for transit-oriented development (TOD). TOD promotes dense, compact infill development that provides convenient access to jobs and neighborhood services. By creating commercial and residential opportunities in a pedestrian friendly environment, the character and safety of the neighborhood will be enhanced and the use of transit will be encouraged.
2. To facilitate the physical transformation of the area from blighted industrial land uses to residential and commercial mixed-use development.
3. To establish a framework for new development that respects nearby existing neighborhoods, while taking advantage of the waterfront - a unique City-wide resource. Adjacent neighborhoods that do not currently have waterfront access through the Project Area should have stronger connections - both visual and physical - to that amenity. New development should physically connect with and respect existing neighborhoods to create new communities that integrate both new and existing communities.
4. To preserve and enhance the unique environmental resources of the Middle Branch, including the estuary itself and shoreline wildlife habitat. The Middle Branch has been established as a highly valuable habitat area in the City's Critical Area Management Program and by the Corps of Engineers through the Patapsco Urban River Restoration Initiative (PURRI). This urban renewal plan will establish standards to provide for the environmental restoration of the Middle Branch by the creation of a continuous "green shoreline" around the Middle Branch. The "green shoreline" will include methods to establish a clean, trash-free, swimmable and fishable waterway and to provide for restored wetland and upland habitat.
5. To provide public access to the water's edge by providing in private development green space, open space, views to and from the water, and pathways/boardwalk appropriate for pedestrians and bicyclists.
6. To promote high quality architecture and urban design and development along the City's waterfront. This includes the use of guidelines, controls, and review powers to ensure the creation of landmark structures and places that reflect the importance and value of the waterfront.
C. Land Use Plan
1. Permitted Land Uses
Only the use categories shown on the Land Use Plan, Exhibit B, are permitted within the Project Area. These are Mixed Land Use, Maritime, Transportation, Public, and Habitat. Accessory uses including landscaping, off-street parking, and loading will be permitted. In addition, certain uses will be permitted to continue, subject to the provisions governing non-conforming and non-complying uses set forth in Section D.1.h. and D.1.i. below.
a. Mixed Land Use
In the area designated as Mixed Land Use on the Land Use Plan, uses specified as permitted or conditional uses in B-2 Districts are allowed.
The intent of a Mixed Land Use category is to allow for a diversity of uses in areas near the waterfront. This diversity of uses will generate new opportunities in the areas of business and residential development, while providing needed density to support a pedestrian-friendly environment that is well served by transit. All development in the Mixed Land Use category must conform to the controls and restrictions enumerated in Appendix A: Development Standards and Controls.
b. Marina
In the area designated as Marina on the Land Use Plan, permitted uses are limited to recreational boating marinas. New development shall not be permitted unless it is for educational purposes only. The goal of this element of the Plan is to promote non-motorized recreational boating consistent with the Maritime Master Plan.
All development in the Marina Land Use area must conform to the controls and restrictions enumerated in Appendix A: Development Standards and Controls.
c. Public
In the area designated as Public on the Land Use Plan, uses are limited to trails, parks, playgrounds, and plazas for active and passive recreation. Impervious/paved surfaces shall comprise no more than 15% of the total area defined as "Public" within a given property. This limit on paved/impervious surfaces allows for infiltration of stormwater pollution on land and promotes green space for passive and active recreation. All area designated as public must conform to the controls and restrictions enumerated in Appendix A: Development Standards and Controls.
d. Habitat
In the area designated as Habitat on the Land Use Plan, uses are limited to naturally vegetated habitat and nature trail/path. No structures or paved surfaces may be constructed in this area. No hard-edged (bulkheaded, etc.) public promenades are allowed. New construction is limited to trail development and must conform to the controls and restrictions enumerated in Appendix A: Development Standards and Controls.
e. Nonconforming Use
A lawfully existing use of a building or other structure or of land that does not conform to the applicable use regulations of the Zoning Code of Baltimore City may be continued as a "nonconforming use" only as provided in Title 13 of the Zoning Code. A lawfully existing use of a building or other structure or of land that does not comply with the land use regulations of this Renewal Plan is allowed to continue for an indefinite period of time, except that:
(1) Any nonconforming land use, which is discontinued for a period exceeding 12 months, may not be reestablished.
(2) No change in the permanent physical members of a structure, such as bearing walls, columns, beams, or girders, or no substantial change in the roof or in the exterior walls shall be made in or to a building or structure except those required by law or except to make the building and use conform to the regulations of the Renewal Plan; and
(3) No noncomforming land use shall be changed to any other
noncomforming land use.
f. Noncomplying Structure
A lawfully existing structure that does not comply with the bulk regulations of the Zoning Code of Baltimore City may be continued as a "noncomplying structure" only as provided in Title 13 of the Zoning Code. Noncomplying structures are regulated by Title 13 of the Zoning Code of Baltimore City.
Noncomplying structures shall be permitted to continue subject to the provisions of Title 13.
D. Techniques used to Achieve Plan Objectives
1. Review of Development
a. Planning Commission Review
All plans for permanent improvements (including signs, lighting and the promenade) are subject to design approval by the Planning Commission to insure that the plans are consistent with the objectives and requirements of the Renewal Plan. All new construction and rehabilitation of existing structures shall be carried out in accordance with the Appendix A: Development Standards and Controls.
(1) Prior to the issuance of a building permit for new construction or rehabilitation within the Renewal Area, the developer or property owner or his representative shall submit to the Department plans for the proposed work. Plans for new construction or renovation shall be in sufficient detail to show site planning, architectural design and layout, materials, colors, building design, landscape design, access, signs, lighting, servicing, streets and sidewalks.
(2) The review of such plans shall be concerned with, but not necessarily limited to, urban design standards, site planning, architectural treatment, materials, colors, building design, landscape design, access, signs, lighting, servicing, streets, sidewalks, and construction or rehabilitation details.
(3) The Department will utilize its Urban Design and Architectural Review Panel (UDARP) to review plans. Upon the completion of project review by (UDARP) the project will be referred to the Planning Commission for final design approval. Upon approval by the Planning Commission that the proposed work is consistent with the requirements and objectives of the Renewal Plan, a building permit will be issued.
b. Community Review
All plans for permanent improvements (including signs, lighting and the promenade) shall be submitted for review to community organizations that neighbor any proposed development. The Department shall notify and submit to the appropriate community organizations, listed in the Department of Planning Community Association Directory, for review and comment, the form and content of all plans and proposals for development or rehabilitation of any property. Notified community organizations shall advise the Department of their recommendations regarding the acceptability and/or priority concerns regarding of all plans and proposals. The written comments shall be transmitted to the Department no later than 30 days after the proposals and plans have been submitted to the notified community organizations; otherwise, it is presumed that the proposals and/or plans are acceptable. The Planning Commission retains the final authority to approve or disapprove all plans and to grant or withhold disposing of redevelopment land through procedures established by the Department.
2. Zoning
All appropriate provisions of the Zoning Code of Baltimore City apply to properties in the Project Area. Any change in the Zoning Code embodied in the Renewal Plan and designated on Exhibit C, Proposed Zoning, shall be approved by Ordinance in accordance with the procedural requirements of the Zoning Code and Article 66-B of the Annotated Code of Maryland (1957 Edition, as amended).
3. Acquisition
a. Properties designated for acquisition on Exhibit D, Acquisition, will be acquired by purchase or condemnation.
b. Actions to be followed by the Department upon acquisition of properties:
(1) Rehabilitate the property in conformance with the codes and ordinances of the City and the standards and objectives set forth in the Renewal Plan and dispose of the property at its fair value in accordance with applicable regulations.
(2) Demolish the structure or structures and dispose of the land for redevelopment at its fair value for uses consistent with the Renewal Plan; or
(3) Devote the property to a public use consistent with the Renewal Plan.
4. Land Disposition
a. Certain land and property interests owned by the City within the Project Area will be disposed of by sale, lease, conveyance or transfer or other means available to the City, in accordance with Exhibit E, Land Disposition.
b. The parcels shown on Exhibit D are schematic and approximate. The Department shall have the right, in its discretion, to fix their precise boundaries and size. For purposes of disposition, the parcels or lots, as shown on Exhibit D, may be subdivided or combined.
5. Easements
Any and all easements required by this plan shall be established by the developer prior to any issuance of building permits for new development on the subject property.
E. Duration of Provisions and Requirements
The Middle Branch Urban Renewal Plan, as it may be amended from time to time, shall remain in full force and effect for a period of 20 years from the date of original adoption of the Renewal Plan by ordinance of the Mayor and City Council of Baltimore.
F. Procedures for Changes in Approved Plan
The Department shall notify and submit to the community organizations within the Plan boundaries and listed in the Department of Planning Community Association Directory, for review and comment, all proposed amendments to the Renewal Plan no later than at the time the proposed amendments are submitted to the Director of the Department of Planning. The written comments and recommendations from this review shall be submitted to the Department no later than 4 weeks after they have been submitted to notified community organizations; otherwise, it is presumed the proposed changes are satisfactory. Prior to passage of any ordinance amending the Renewal Plan, a public hearing shall be held. Community organizations within the Plan boundaries and listed in the Department of Planning Community Association Directory, shall receive, at least 10 days prior to such hearing, written notice of the time and place of such hearing. With respect to any land in the Project Area previously disposed of by the City for use in accordance with the Renewal Plan, the then owner of such land whose interests therein are materially affected by such changes shall receive at least 10 days prior to such hearing written notice of the time and place of such hearing and information as to where a copy of the proposed amendments may be inspected.
G. Separability
In the event it be judicially determined that any word, phrase, clause, sentence, paragraph, section or part in or of the Renewal Plan or the application thereof to any person or circumstances is invalid, the remaining provisions and the application of such provisions to other persons or circumstances shall not be affected thereby, it being hereby declared that the remaining provisions of the Renewal Plan without the word, phrase, clause, sentence, paragraph, section or part, or the application thereof, so held invalid, would have been adopted and approved.
H. Interpretation
In the event of any question regarding the meaning of these standards and controls or other provisions of the Renewal Plan, the interpretation placed thereon by the Department shall be final and binding, provided that any such interpretation shall not be unreasonable or arbitrary.
Appendix A: Development Standards and Controls
Introduction
1. Transit Oriented Development Design Guidelines
A transit oriented development center is a place of relatively higher density that includes a mixture of residential, employment, shopping, and civic uses located within an easy walk of a transit stop. The primary design objectives for development near the Westport light rail station are ensuring that active ground floor uses and high quality architecture are clustered near the transit stop, and creating clear physical and visual connections between the transit station and the surrounding neighborhood. Development within a 1/4 mile walking radius of the light rail stop, as shown on Figure 1: "Transit Oriented Development Boundary", shall exhibit the following design principles:
• Higher density development in relation to the surrounding community
• A mix of land uses, horizontally and vertically
• Compact pedestrian-oriented design and streetscapes
• Building design and orientation to the street and transit facilities
• Connected street pattern with small blocks and no cul-de-sacs
• A system of quality open space and amenities
• Limited and managed automobile parking
In addition, development within a 1/4 mile radius of the light rail stop shall adhere to the following guidelines for land use, site and building design, and street patterns and parking:
Land Use
The following guidelines will ensure that high density mixed use development is clustered near the transit stop to create a pedestrian friendly environment that connects transit to the neighborhood and promotes transit use.
• Provide a minimum density of 30 dwelling units per acre.
* Provide a mix of uses including residential, commercial, and retail to generate pedestrian traffic throughout the day, including evenings and weekends. While mixed use shall be provided within a 1/4 mile radius, an intense mix of uses shall be provided within a 600 foot radius of the transit station.
• Automobile oriented uses, such as gas stations and drive-thru institutions, are not permitted within a 1/4 mile radius of transit stop.
Site and Building Design
These guidelines ensure that quality buildings and spaces are provided near transit with a pedestrian friendly streetscape connecting the transit stop to the neighborhood.
• Locate public spaces and buildings with active uses on the street-level floor immediately adjacent to the transit stop and within a 600 foot radius of the transit station. No blank walls shall face the rail station or major paths to the station. Street-level residential uses are not permitted within a 600 foot radius of the transit station.
• Orient buildings and public spaces adjacent to the transit station towards the station and provide architectural features to distinguish the transit station area.
• The street-level floor along boulevards and commercial streets shall be occupied by "active uses" such as retail, restaurants, cafes, or service-type businesses with windows and entrances facing the street and residential and business uses located above.
• The street-level floor of corner properties along residential streets shall be occupied by "active uses" such as retail, cafes, or service-type businesses with windows and entrances facing the street.
• Provide safe walking and bicycle paths to daily services such as stores, banks, cafes.
• Provide quality architectural design within the transit area that meets the building design guidelines of this plan.
• Provide quality streetscape that meets the streetscape design guidelines included in this document.
Street Patterns and Parking
These guidelines manage the presence of automobiles and promote a pedestrian oriented environment to support increased transit use.
• Provide a maximum of 1.5 off street parking spaces per dwelling unit.
• Parking requirements for commercial uses in this zoning district shall be reduced by 20% for commercial land uses. Shared parking facilities shall be pursued.
• Provide bicycle lanes and parking near the transit station and at convenient locations within the transit station area.
• Small surface parking lots are discouraged and must comply with the surface parking guidelines included in this plan.
• Locate structured parking near, but not directly adjacent, to the transit station.
• Provide a grid street system with compact blocks. The maximum block circumference permitted is 1,200 linear feet.
• Allow on-street parking along major streets.
• Minimize curb cuts along major pedestrian routes
2. Habitat Restoration and Preservation
Introduction
Restoring and preserving the natural environment of the Middle Branch is a key goal of this Plan. The Middle Branch is a natural resource of significant unrealized potential. With 4.7 miles of shoreline and 340 acres of open water, it is over 5 times the size of the Inner Harbor. The Middle Branch contains a surprising amount of wildlife habitat for a major city, including 2 Waterfowl Staging Areas identified in the Critical Area Management Plan. Additionally, fast lands along the Middle Branch and the Gwynns Falls have been identified and are mapped in the City's Critical Area Management Program as 'Designated Habitat Protection Areas" and "Resource Conservation Areas". To achieve this goal, this Plan sets standards for shoreline protection, tidal and non-tidal wetland marsh creation, and habitat creation and banking.
The Middle Branch is where City residents can delight in viewing herons, egrets and ducks feeding. Natural areas and parks provide a significant amenity for citizens who live and work along the shores of this unique inner city resource. The City's 2006 Comprehensive Plan states that the City's waterways should be swimmable and fishable by 2020.
Shoreline Protection
The Shoreline Protection Zone is a vegetated area that will be established along the shoreline to protect existing habitat areas or provide new habitat. It will also include areas planted and managed to protect the shoreline and nearby water habitats. The Shoreline Protection Zone shall be established by a series of conservation easements that will generally cover an area extending 100 feet landward from the Mean High Water Line of tidal waters or from the edge of tidal wetlands and tributary streams. The locations of the habitat protection areas are shown on Figure 2: "Shoreline Protection Zone".
The Shoreline Protection Area is divided into two sub-zones: Preservation Sub-Zone, and Transition Sub-Zone.
Preservation Sub-Zone
The Preservation Sub-Zone contains areas that have been identified as existing wildlife habitats. These are highly sensitive areas where human encroachment is detrimental to plant and animal health. The goal is to provide inner city neighborhoods with connections to wildlife through viewing and bird watching opportunities while protecting fragile habitat. The following guidelines apply to the Preservation Sub-Zone:
Use Conditions:
Uses are limited to naturally vegetated habitat. No structures or paved surfaces may be constructed in this area. A nature trail/bike path with a maximum width of 15' may be provided adjacent to this sub-zone, but must be outside the 100' easement due to the sensitive habitat conditions of this zone.
Shoreline Conditions:
The shoreline shall be maintained as a naturally vegetated area. No new bulkheads or rip-rap may be constructed and any existing bulkheads or rip-rap shall be removed as redevelopment occurs. Additionally, wetland marsh creation, restoration, and preservation are encouraged where feasible.
Planting Guidelines:
The standard for planting in the Preservation Sub-Zone is reforestation. New planting shall incorporate a diversity of native species, sizes and configurations to arrive at the stated standard; each site shall be composed of an array of native, drought-resistant evergreen and deciduous trees and shrubs.
Transition Sub-Zone
The Transition Sub-Zone contains areas that are adjacent to areas of wildlife habitat or contain naturally vegetated shorelines. The following guidelines apply to the Transition Sub-Zone.
Use Conditions:
Uses are limited to naturally vegetated habitat and nature trail/path. No structures or paved surfaces may be constructed in this area. Within the Transition Sub-Zone, the 100' easement may be reduced to no less than 50' (from the shoreline) provided that the area of the impact be replaced with an area (or areas) of equal size within a Habitat Banking Area under the developer's control. Refer to Habitat Banking and Creation for the location and planting guidelines of Habitat Banking areas.
Shoreline Conditions:
The condition of the shoreline in the Transition Sub-Zone shall be a naturally vegetated shoreline. No new bulkheads or rip-rap may be constructed in the Transition Sub-Zone unless required as part of the Maryland Department of Environment's (MDE) Brownfield Voluntary Clean-Up Program (BVCP). Additionally, any existing bulkheads or rip-rap shall be removed as redevelopment occurs.
If bulkheads are required as part of the MDE BVCP, the following conditions shall apply:
(1) Bulkheads shall be no higher than 4 feet above mean high tide unless proven to be infeasible as part of the BVCP.
(2) Clean fill shall be provided waterward of the bulkhead to create a naturally vegetated shoreline. The fill shall be placed at a height sufficient enough to cover the top of the bulkhead and taper gently toward the water to minimize erosion and provide habitat.
(3) The area of fill described above shall be planted with native wetland vegetation.
Planting Guidelines:
The standard for planting in the Transition Sub-Zone is a managed landscape. New planting for this zone shall consist of drought-resistant, native evergreen and deciduous shrubs, wildflowers, and grasses with wildlife value and small well-spaced clusters of (2-3) deciduous trees.
Tidal and Non-Tidal Wetland Marsh Creation
A major goal of this Plan is to restore and protect wetland marsh. Both the tidal and non-tidal marshes of the Middle Branch and the Gwynns Falls are in a degraded condition and have the capacity of operating as higher order wetlands, providing better habitat and an aesthetic amenity to surrounding communities.
Wetland Marsh Creation Incentives
The State Critical Area Law and the City's Critical Area Management Program have incentivized creation and restoration of wetlands as an innovative offset option, and significant stormwater pollution removal credit is given for restoration of wetlands.
Standards
Development projects on the Middle Branch shall restore degraded tidal wetlands waterward of the landward development sites that are identified on Figure 3: "Wetland Creation Areas". The restoration shall include planting marsh vegetation and must be approved by the appropriate State and/or federal permitting agencies.
Tools and Guidelines
Before design of wetland marsh restoration projects occurs, developers must review Figure 3 "Wetland Creation Areas" to check the dimensions of the wetland area required for that site and confirm the location with the Department of Planning. Once the location and dimensions are verified, the developer must create a plan based on the area's elevation and the gradient of the substrate relative to high-water datum. The mean sea level must also be considered. Overlaying various elevation surfaces relative to the tidal datum of Mean Higher High Water (MHHW) is critical to the final design of any wetland elevation. In addition, the following general requirements include, but are not limited to, the following:
1. Designs should promote regular, natural tidal flooding, control the accumulation of debris, and enhance overall habitat value of the Middle Branch ecosystem.
2. Tidal slough entrances must be protected by inflatable barriers or similar devices so that debris will not choke the entrances.
3. Debris must be removed after extreme high-water events.
4. Invasive species (ex. Phragmites australis) must be actively managed and removed.
5. No human encroachment, except for cleaning or removal of debris, is permitted in Middle Branch tidal or non-tidal marshes.
6. Native plants are required.
7. Design of wetland restoration projects shall be incorporated into State Tidal Wetland Licenses for waterward construction (bulkheads, rip-rap shorelines, etc.) and be included in the final development plans of landward projects.
8. Permitting and construction for wetlands shall occur before or at the time of the principal building permit for the adjacent landward development.
9. The wetland marsh construction must be completed concurrently with the landward development.
10. Any construction in the Middle Branch is considered the Critical Area of the State
of Maryland and must be reviewed and approved by the City and the State of Maryland Critical Area Commission, MDE, the Corps of Engineers and the State Board of Public Works.
Habitat Creation and Banking
Habitat Banking
To provide for new habitat creation and providefor development flexibility along portions of the shoreline, areas designated as the Transition Sub-Zone, which is generally to be an area 100' wide and protected by a conservation easement, may be reduced to no less than 50' (from the mean high water line) provided that the area of the impact be replaced on areas elsewhere on sites under the same developer's control. The replacement area (or areas) must be:
(a) Within areas noted as "Habitat Promotion Areas" shown on the Figure 4: "Habitat Creation Areas: Westport", or Figure 5: "Habitat Creation Areas: Aquarium".
(b) Be of equal or greater size to the amount of area being transferred.
(c) Adjacent to an area designated as a Preservation Sub-Zone under this Plan.
(d) Properly vegetated or re-vegetated using the Preservation Sub-Zone standards.
(e) Must be contiguous to other vegetated areas.
Habitat Creation
To provide for creation of new critical habitat areas, designated existing and potential habitat locations have been defined as priority habitat creation areas. Area designated "Habitat Creation" on Figure 4: "Habitat Creation Areas: Westport" or Figure 5: "Habitat Creation Areas: Aquarium" must be preserved as naturally vegetated habitat and established with a conservation easement granted to the City of Baltimore. The design, planting, and maintenance of these areas shall be consistent with the Critical Area Management Program's guidelines for vegetated buffers.
3. Open Space, Recreation, and Waterfront Access
Pedestrian/Bicycle Trail
Public access to the waterfront will be made available by the construction of a waterfront pedestrian/bicycle trail. This trail will function as part of the larger Gwynns Falls Trail Network. The Gwynns Falls Trail (GFT) is a 14-mile hiker/biker trail that extends from Baltimore County/Gwynns Falls/Leakin Park in West Baltimore with branches serving the Inner Harbor and Cherry Hill. The Middle Branch portion of the GFT is part of the East Coast Greenway, which links Maine to Florida. The Trail is designed as both a bike lane on public streets and a dedicated trail through private and public greenways.
All redevelopment shall accommodate the GFT along the edge of the Middle Branch consistent with Figure 6: "Pedestrian/Bicycle Trail". Access to the GFT shall be provided by a series of periodic public access corridors connecting the trail to the inland neighborhoods.
As redevelopment occurs, the GFT shall be created through a series of trail easements that grant a 15' wide minimum right-of-way to establishing a separate pedestrian/bike path that meets the standard of the American Association of State Highway and Transportation Officials (AASHTO) guidelines for multi-use trails. In areas where the trail is adjacent to development, the minimum trail width shall be 20' to provide adequate space for pedestrian and seating areas. Where the trail passes through Habitat Protection Zones, elevated boardwalks or other sensitive construction techniques shall be utilized to minimize impacts on habitat vegetation.
Marinas and Piers
The Middle Branch estuary has been envisioned as a passive recreational area where motorized vessels are kept to a minimum since the inception of the original Middle Branch Plan. The Middle Branch area is ecologically sensitive and provides an excellent opportunity for habitat restoration and passive public recreation; it is important for the City to preserve and enhance this character. The enclosed nature of the Middle Branch estuary, combined with the shallow waters and large numbers of shore birds make it a perfect location for non-motorized boating such as kayaks and canoes. New or expanded recreational marinas are not recommended in this area for the following reasons:
• Navigational Safety - The tight, enclosed space would make navigation more difficult.
• View corridors - recreational marinas are one of the major sources of view blockages in the Harbor, and many vistas would be compromised by their presence.
• Contaminated sediments - The agitation caused by boat propellers and the dredging required would disturb contaminated sediments that have been encapsulated by cleaner sediment over time, releasing them back into the environment and potentially threatening public health, safety, and welfare.
• The ecological sensitivity and shore bird habitat in the area would be negatively impacted by any additional recreational boat traffic.
Marinas
New or expanded recreational marinas are prohibited in this area unless functioning solely for boating education purposes. Any new marina, including educational marinas, must receive approval from the Maritime Master Plan Technical Advisory Committee.
Piers
New piers for water-dependent uses may be established in the Middle Branch. The location and size of new piers shall be in accordance with Figure 7: "Piers". Additionally, the following general design guidelines shall apply to the design and construction of new piers:
• Piers are generally to be constructed with railings meeting ADA requirements with the exception of those areas that are designated for boat slips.
• Piers constructed in areas of less than 8 feet of water depth may not have boat slips.
• Piers constructed within view corridors shall be no greater than 10 feet wide and shall not have any structures built upon them.
• Piers that are constructed outside of view corridors shall be no greater than 20 feet wide.
4. Architecture and Urban Design Guidelines
Streetscape
Streetscapes are among the most important urban design features, because their appearance, character, and the impressions that they evoke create the public image of the City. That image is significant to how residents and visitors think and feel about the City. This Renewal Plan provides standards and guidelines for the planning and design of the publicly-owned portions of the streetscape, as well as shared private facilities such as private streets and alleys.
The following standards and guidelines apply to the design and construction of public rights-of-way and right-of-way improvements in conjunction with proposed subdivisions, individual lot development where proposed projects are required to provide right-of-way dedications or improvements, and public right-of-way improvements designed and constructed by the City.
Green Streets
Green Streets is a set of strategies to create streetscapes which are sustainable, provide habitat opportunities for urban wildlife, and most importantly provide a system of storm water treatment within the street right of way. The guiding principal is to create streets which both functionally and aesthetically represent these goals. The following are guidelines for constructing successful green streetscaping
Stormwater Treatments
Choosing the appropriate design solution or combination of solutions is accomplished by identifying the desired functions and evaluating the site and watershed conditions. The primary functions include runoff reduction, detention, retention, conveyance, and water quality mitigation. Retention is commonly achieved through infiltration. It is preferred because it reduces the amount of stormwater runoff while providing water quality benefits. Because appropriate areas for infiltration are limited, the first step in selection should be to determine where, within the right of way, it is possible to infiltrate stormwater. The extent to which infiltration is possible will determine the location and size of infiltration areas.
Stormwater and water quality functions of other solutions to be used in the right of way, in conjunction with infiltration designs, can then be determined. The next step should be to determine where it is possible to reduce impervious surfaces. This will affect the stormwater volume requiring treatment and accordingly the size of the design treatment solution.
Finally, the design of the selected solution should respond to the right of way site conditions and intensity of vehicular and pedestrian use within the right of way. The following is a list of stormwater treatment solutions applicable for use in the Middle Branch.
• Street Trees
The stormwater benefits that street trees may be able to provide to urban areas include runoff reduction and detention achieved through interception and evapotranspiration, conveyance attenuation, and water quality mitigation achieved through a reduction in runoff temperature and absorption and stabilization of pollutants from street runoff. See Plant and Tree Selection below for guidance in street tree selections.
In addition to street trees themselves, how they are planted can have significant benefits to stormwater treatment. The street tree well is intended to provide a detention option appropriate for urban streets. Spaced at a typical distance of less than 30', the well detention volume is limited but could be designed to accommodate runoff from sidewalks or other defined areas. It does not accommodate all of the runoff generated in the right of way. This system does however, reduce the volume of runoff into the stormwater collection system and may reduce the size of required peak flow mitigation facilities. Street tree wells also may be used in conjunction with filter swales as check dams and flow spreaders.
• Permeable Pavement and Sidewalks
Permeable pavements refer to any load-bearing surface that has capacity of infiltrating runoff into the underlying reservoir base coarse and soil. Increasing pervious areas is the most effective way to reduce stormwater pollution by utilizing the natural filtration capacity of the ground. Developments where ground water infiltration is feasible are highly encouraged to use permeable pavement. The following are examples of permeable pavement types:
(a) Pervious concrete
(b) Porous asphalt
(c) Unit pavers/bricks/stone
(d) Turf block
(e) Crushed aggregate
(f) Cobbles
• Stormwater Curbs
Curbs provide a formal separation between vehicular and pedestrian areas and simplify street cleaning by providing an edge to push debris against for collection. Curbs also concentrate runoff and direct it into the storm system. Concentrated flow has more energy (velocity and depth) and can convey larger suspended sediment loads into streams. This energy must be reduced before the runoff is discharged into a vegetated filter system or a natural area to filter out suspended sediment and prevent erosion. The following are examples of potential stormwater curb types:
(a) Invisible curb with "lip"
(b) Rumble strip with sediment trench
(c) Curb inserts
(d) Perforated curb
• Filter Strips and Swales
Filter strips and swales are a proven method of bio-retention for both the protection of the quality of groundwater and, if the outfall is into a stream, of runoff. Both filter strips and swales use grassy vegetation to remove sediment from stormwater runoff. Filter strips are gently sloped grassy areas that are used to treat small quantities of sheet flow runoff. They often are used to pretreat flow of minimal depth as it passes from an impervious area, like a roadway, into a swale or infiltration area. Swales also use grassy vegetation to remove suspended sediments but unlike filter strips, swales are channel-like and designed to accommodate larger flow depths. The design guidelines for filter strips and swales are essentially the same. Their length and slope limit their effectiveness. The following are recommended treatments utilizing engineered swales:
(a) Landscaped Stormwater Curb Extensions
(b) Center Medians/Islands
(c) Mid-Block Planters
(d) Stormwater Basins
• Infiltration Trenches
Infiltration trenches are simple trenches back-filled with coarse aggregate layered with filter fabric in an area with low runoff soils. They perform the function of "ubiquitous infiltration" by collecting runoff and slowing the discharge rate. All infiltration solutions should be combined with filter strips, swales or other engineered sediment/pollutant removal solutions to protect them from sedimentation or "clogging". This also helps insure that only treated stormwater is infiltrated into the groundwater system.
• Linear Detention Basins
Linear detention basins provide temporary storage in areas with higher runoff rates. They can serve as infiltration basins in areas with suitable soils providing that adequate filtration can be accomplished to prevent clogging and to ensure good water quality prior to infiltration.
• Other elements as new technologies are introduced.
Habitat Network: Corridors and Links
Development can have a tremendous detrimental impact upon habitat for wildlife. But by utilizing the recommended stormwater treatments, and providing key habitat corridors, spaces, and connections, streetscape can become a functioning part of an urban/wildlife habitat. The following strategies shall be followed when developing streetscape and network.
• Use swales, trenches, and basins to create a habitat network of spaces and connectors. Connect and integrate passive and active recreational open space into the stormwater landscaping system.
• Use a variety of planting schemes throughout the streetscape to provide a range of habitat conditions and encourage bio-diversity.
• Provide critical habitat corridors to create connections between wetland and upland habitats. Recommended connections are shown on Figures 4 and 5.
Plant and Tree Selection
Native or indigenous plants are those plants that naturally occur in the in the region in which they have evolved. These plants have adapted to local soil, rainfall, and temperature conditions and have developed natural defenses to many insects and diseases, thus reducing the need for chemical pesticides and herbicides. Wildlife species evolve with plants; therefore, they use native plant communities as their habitat. Additionally, native plants help preserve the balance and diversity of species within natural ecosystems.
Plant Selection
The U.S. Fish & Wildlife's Native Plants for Wildlife Habitat and Conservation Landscaping: Chesapeake Bay Watershed should be consulted in selection of plant species for streetscaping. The following principals should be followed in plant selection and layout:
• Special attention should be paid to re-create natural habitats by using plants together as they grow in the wild (known as plant communities).
• Arrange plants in groups or groves, providing several layers of vegetation.
• Select plants that fruit or bloom during different times of year to provide food for wildlife year round.
• Avoid planting invasive non-native plant. Consult The National Park Service and U.S. Fish and Wildlife Service's Plant Invaders of Mid-Atlantic Natural Areas for a list of invasive non-native plants.
Tree Selection
Proper tree selection is vital to ensure that the street trees are planted have the health, longevity, structural soundness, and aesthetic beauty for urban environments. Poor tree selection can result in: damage to property from fallen limbs; trees that have stunted growth; and trees that fail to provide shade or habitat for wildlife. The following is a list of native tree species that are recommended for street tree applications:
Carpinus caroliniana American hornbeam, blue beech
Crataegus crus-galli cockspur hawthorn
Pyrus (Malus) angustifolia southern crabapple
Pyrus (Malus) coronaria sweet crabapple
Acer rubrum red maple
Betula nigra river birch
Celtis occidentalis hackberry
Fraxinus americana white ash
Fraxinus pennsylvanica green ash
Liquidambar styraciflua sweet gum
Nyssa sylvatica black gum, sourgum
Platanus occidentalis American sycamore
Quercus coccinea scarlet oak
Quercus palustris pin oak
Quercus phellos willow oak
Quercus rubra northern red oak
Tilia americana American basswood
Ulmus americana American elm
Tree Planting
Street trees are one of the fundamental ingredients to great streets and beautiful neighborhoods. They create shade, buffer between pedestrians and automobiles, improve urban air quality, filter stormwater contaminants, and provide habitat for wildlife. Typically, the average street tree in an urban environment survives 7 to 12 years. The major reasons for this short life span are inhospitable soils, inadequate soil volumes, poor drainage, and air circulation. Street trees planted in poor conditions have stunted growth resulting in a poor foliage canopy and small root mass which causes them to die prematurely. The following section provides standards for tree planting design.
Tree Pit Design
Wherever possible, trees should be planted in groups within a continuous soil panel. To promote long-term survival of healthy, mature trees contemporary standards recommend a volume of approximately 180 cubic feet of soil for one tree in a single pit. Trees planted in groups will consequently have increased soil volumes. This quantity is a minimum and should be increased wherever possible.
Tree Pit Details
The tree planting details of this Plan encourage the use of an amended soil panel, termed "structural soil". The purpose of the structural soil is two-fold: to produce a rigid, high bearing capacity of stone structure and a viable rooting zone for the planted material suspended within the voids of the stone structure. This is achieved by mixing angular stone with soil. This structural soil should be installed along the entire length of the curb zone, providing the root system with a large volume of soil to grow along under the sidewalk. Structural soil allows pavers and concrete to be placed on the soil that is compacted enough to minimize settling of the sidewalk area while simultaneously allowing enough void space in the stone for air, soil, and water. If enough air, soil and water are found in the structural soil of the tree pit, tree roots will be less likely to grow out of the pit, causing pavers to buckle and become uneven.
An alternative strategy that utilizes traditional soil is continuous trench or vault design. This strategy creates a linear vault below the sidewalk that connects individual tree pits, thus creating a continuous soil panel. The vault provides structure for the placement of sidewalk pavement on the surface while allowing ample room for trees to grow so as not to cause buckling and cracking of the sidewalk.
Height and Massing
Westport Development Area
The Westport Development Area, as shown in Figure 7: "Westport Development Area", is adjacent to the Westport neighborhood that sits on a bluff approximately 50' - 70' above the waterfront. To ensure that the new development is integrated visually into the fabric of the existing Westport neighborhood, a maximum height plan has been established. The Westport Height Plane begins at the center line of Wenburn Street at an elevation of 60'. It then slopes upward towards Maisel Street to an elevation of 105'. From here it maintains an elevation of 105' until it terminates at the center line of Indiana Street. A certain percentage of buildings may exceed this plane to provide visual differentiation in buildings and allow for higher density development. No more than 15% of the area defined by the plane may exceed the height of the plane.
Buildings that exceed the height plane should be designed to space height throughout the development and not group areas of height to create a wall to the existing community. Height should be massed and positioned perpendicularly to the waterfront, and residential floor plates must be no larger than 11,000 SF.
There shall be no exemptions for building height above the plane other than the 15% exception.
Aquarium Point
The Aquarium Development Area, as shown on Figure 8: "Aquarium Development Area", is located on the peninsula of land that is bounded by I-95, Hanover Street and the Middle Branch of the Patapsco River. Heights shall not exceed 90' in the Aquarium Point Development Area. A certain percentage of buildings may exceed this plane to provide visual differentiation in buildings and provide greater area for open space. No more than 6% of the area defined by the plane may exceed 90'. There shall be no exemptions for building height above the plane other than the 5% exception.
All Other Areas
Height and massing for all other areas of the plan not within a development area shall be governed by the rules and restrictions of the Zoning Code of Baltimore City.
Lot Coverage and Open Space Creation
To ensure the creation of public open space and the preservation of habitat areas, maximum building lot coverage amounts and minimum open space are specified in this Plan. Building lot coverage is defined as the amount fast land area of a development that is covered by enclosed structures. Landscaping, hardscaping, temporary structures, and pavilions do not count towards building lot coverage. Vegetated open space is defined as fast land that is pervious and either landscaped or a naturally vegetated habitat.
Maximum building lot coverage for all properties in the plan shall be 50% of total fast land within a project. A minimum of 20% of the fast land portions of a development site must be maintained as vegetated open space.
View and Public Access Corridors
In order to ensure public access and neighborhood visual connectivity to the waterfront, view corridors shall be designated. Locations and minimum widths are identified on Figure 9: "View Corridors: Westport" and Figure 10, "View Corridors: Aquarium Point".
1. All corridors should connect the waterfront trail to sidewalks or streets and be physically and visually uninterrupted. Public access shall be provided on all portions of the corridors. Where feasible, view corridors should be created as public streets and designated as public right-of-way.
2. No structures or buildings may be constructed in the view corridors. Landscaping, trees, lights, benches, tables, and other public amenities that will enhance, not impede, public view of the water shall be permitted.
3. Off-street parking is not permitted within these corridors, unless a significant public benefit can be shown.
4. New development alongside view corridors shall face the view corridors and provide entrances, windows, and visual articulation along the building wall. Off-street parking facilities adjacent to corridors are not encouraged. However, if it is found to be necessary, the parking facility shall be screened or architecturally treated. Adequate landscaping sufficient to screen automobiles at the time of original planting shall be used. Screening and landscaping shall be maintained in good condition by the property owner.
SECTION 4. AND BE IT FURTHER ORDAINED, That the Urban Renewal Plan for Middle Branch, identified as "Urban Renewal Plan, Middle Branch", including Exhibit A, "Boundary", Exhibit B, "Land Use", Exhibit C, "Zoning", Exhibit D, "Acquisition", and Exhibit E, "Disposition", all dated October 20, 2006, and Figure 1, "Transit Oriented Design Boundary", Figure 2, "Shoreline Protection Zone", Figure 3, "Wetland Creation Areas", Figure 4, "Habitat Banking: Westport", Figure 5, "Habitat Creation: Aquarium", Figure 6, "Pedestrian/Bicycle Trail", Figure 7, "Piers", Figure 8, "Westport Development Area", Figure 9 "View Corridors: Westport", and Figure 10, "View Corridors: Aquarium", all dated October 20, 2006, is approved, and the Clerk of the City Council is directed to file a copy of the Renewal Plan with the Department of Legislative Reference as a permanent public record, available for public inspection and information.
SECTION 5. 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 6. 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 7. 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 8. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the date it is enacted.
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