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 - Central Business District - Amendment _
FOR the purpose of amending the Urban Renewal Plan for the Central Business District to authorize the acquisition by purchase or by condemnation of certain properties for urban renewal purposes; create new disposition lots; revise exhibits to reflect the changes in the Plan; make minor technical corrections; 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 Central Business District was originally approved by the Mayor and City Council of Baltimore by Ordinance 01-170.
An amendment to the Urban Renewal Plan for the Central Business District is necessary to authorize the acquisition by purchase or by condemnation of certain properties for urban renewal purposes, create new disposition lots, revise exhibits to reflect the changes in the Plan, and make minor technical corrections.
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.
This proposed amendment to the Renewal Plan for the Central Business District has been approved by the Director of the Department of Planning for conformity to the Master Plan for the detailed location of any public improvements proposed in the amended Renewal Plan, its conformity to the rules and regulations for subdivisions and all zoning changes proposed in the amended Renewal Plan, and the proposed amendment also has been approved and recommended to the Mayor and City Council of Baltimore by the Commissioner of the Department of Housing and Community Development.
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the following changes in the Urban Renewal Plan for are approved:
(1) In the Plan, amend the second clause of the third paragraph of A. to read as follows:
thence Northerly, binding on the West side of Cathedral Street, 1110.5 feet, more or less, to the Southwest corner of Cathedral Street and Centre Street; thence binding on the South side of Centre Street, 825 feet, more or less, to intersect the [East] WEST side of St. Paul Street;
(2) In the Plan, amend E.1.b. to read as follows:
E. Types of Renewal Action to be Used to Achieve Plan Objectives
1. Plan Review
b. Prior to building permit submission process for new construction, rehabilitation or demolition within the Project Area, the developer or property owner or his representative shall at his earliest convenience submit to the Department plans for the proposed work. Upon finding that the proposal(s) is consistent with the objectives and requirements of the Urban Renewal Plan and depending on the size, location and/or scope of proposed work, the Department may require such plans be presented through the City's [Design Advisory Panel (DAP)] URBAN DESIGN AND ARCHITECTURE REVIEW PANEL (UDARP) review process. Other agency reviews shall be conducted as required. Once the review process is complete, the developer may continue with the City's building permit process. Demolition may not commence until construction documents have been submitted for permits.
(3) In the Plan, amend the second paragraph of G.1. to read as follows:
Except where a building's primary façade is of glazing, the material should be expressive of permanence by use of brick, stone, granite, marble, pre-cast concrete, cast stone, or similar masonry product. Exterior Insulation and Finish Systems (EIFS) may be used on upper floors only, not at ground level. Colors should be compatible with the surrounding architecture. Inclusion of architectural details that provide pedestrian interest [are] IS encouraged. Reflective glass must not be used as the dominant building material at street level. Large expanses of blank façade are not permitted. All ground floor façades, except for parking garages, must have a minimum area of 50% consisting of openings and clear glass.
(4) In the Plan, amend H. To read as follows:
H. Specific Disposition Lot Controls
The provisions required in Section G. must be applied to the disposition lots identified on Exhibit B, Land Disposition. The provisions must be included, where appropriate, in agreements, leases, deeds, and other instruments whereby land or interests in real property in the Project Area are disposed of by the City to developers and must be incorporated where appropriate in covenants running with the land or interests in real property.
In addition to the requirements for review of all plans for new construction and rehabilitation as required by Section E.1. of the Renewal Plan, the following controls apply to the Disposition Lots.
Disposition
Lot Land Use Proposed Development Zoning
1 Mixed Redevelopment for commercial, residential, and/or
garage use B-4-2
2 Mixed Redevelopment for commercial, residential, and/or
garage use B-4-2
3 Mixed Redevelopment for commercial, residential, garage
and/or public open space B-4-2
4 Mixed Redevelopment for commercial, residential, and/or B-4-2
garage use B-5-2
5 Mixed Redevelopment for commercial, residential, and/or
garage use B-5-2
6 MIXED REDEVELOPMENT FOR COMMERCIAL, RESIDENTIAL AND/OR B-5-2
GARAGE USE
7 MIXED REDEVELOPMENT FOR COMMERCIAL, RESIDENTIAL AND/OR B-5-2
GARAGE USE
8 MIXED REDEVELOPMENT FOR COMMERCIAL, RESIDENTIAL AND/OR B-5-2
GARAGE USE
The Plan strongly encourages the development of public open space within the block bounded by Calvert, Baltimore, Holliday, and Fayette Streets. Therefore, all or a portion of Disposition Lot 3 or an appropriate portion of the area of Lot 3 otherwise situated within the block must be utilized for grade-level public open space.
Any building constructed on Disposition Lot 4 shall be designed in a manner that respects, and to the degree feasible, enhances the pedestrian character of Water Street between Grant and Light Streets. If Water Street and Mercer Street are closed as a result of any development on the parcel, a significant pedestrian connection between Calvert Street and Grant Street should be provided as part of any redevelopment project.
(5) In the Plan's Appendix, amend 1.A.5.c. to read as follows:
5. Signs
c. [Placement of signs is restricted to the first floor only, placed no higher
than the bottom of the second story window sill, where windows exist, and the sign bottom must be directly above the storefront or awning/security enclosure.] Signs must be designed in a manner so that they do not interfere with important architectural details (e.g., windows, cornices, carved friezes, arches) of the building. [Placement entirely on a flat portion of façade or an area entirely within the confines of an opening and lined up with architectural details or elements is required. Upper floor signs are contrary to the intent of this Plan. However, in special circumstances, signs may be placed on upper floors if it is determined that there is no prudent means of accommodating the sign on the first floor consistent with these provisions or as special exceptions approved by the Department.]
(6) In the Plan's Appendix, amend 1.A.5.h. to read as follows:
5. Signs
h. Signs must be incorporated in the design of the storefront and may not project
more than 12 inches except where a sign will serve to hide a security grille enclosure that exists beyond the primary surface of the building. If the storefront design includes a cornice, the sign may be incorporated in the cornice design. If a storefront cornice is not appropriate for a sign, or there is no cornice, the sign may be placed either in the store window or on the portion of the building façade above the store window/cornice [and below the sill of the second floor windows]. Signs that are an integral part of the building structure and compatible with the original architecture of the building are permitted.
(7) In the Plan's Appendix, amend 1.A.5.k. to read as follows:
5. Signs
k. One projecting sign is permitted PER FAÇADE for each establishment, provided it is perpendicular to the building face. No projecting sign may exceed [six] TWELVE square feet in area, BE NO MORE THAN 18 INCHES IN WIDTH, nor be placed higher than the bottom of the second story window where they exist[, nor more than 14 feet above grade level].
SECTION 2. AND BE IT FURTHER ORDAINED, That Exhibit A, "Property Acquisition", dated May 10, 2006, and Exhibit B, "Land Disposition", dated May 10, 2006, are amended to reflect the changes in the Renewal Plan.
SECTION 3. AND BE IT FURTHER ORDAINED, That the Urban Renewal Plan for the Central Business District, as amended by this Ordinance and identified as "Urban Renewal Plan, Central Business District, revised to include Amendment _, dated July 10, 2006", 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 4. AND BE IT FURTHER ORDAINED, That it is necessary to acquire, by purchase or by condemnation, for urban renewal purposes, the fee simple interest or any lesser interest in and to the following properties or portions thereof, together with all right, title, interest and estate that the owner or owners of said property interests may have in all streets, alleys, ways or lanes, public or private, both abutting the whole area described and/or contained within the perimeter of said area, situate in Baltimore City, Maryland, and described as follows:
701 East Baltimore Street
10 West Falls Avenue
330 North Holliday Street
45 Market Place
55 Market Place
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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