* 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 Conaway
At the request of: Mondawmin Business Trust and Northwest Associates
Address: c/o Claude Edward Hitchcock, Esquire, 233 East Redwood Street, Baltimore,
Maryland 21202
Telephone: 410-576-4053
A BILL ENTITLED
AN ORDINANCE concerning
Title
Planned Unit Development - Mondawmin Mall
FOR the purpose of repealing the existing Development Plan for Mondawmin Mall and approving a new Development Plan for Mondawmin Mall Planned Unit Development.
Body
BY authority of
Article - Zoning
Title 9, Subtitles 1 and 4
Baltimore City Revised Code
(Edition 2000)
Recitals
By Ordinance 77-348, the Mayor and City Council authorized and established a Planned Unit Development for the land lying generally within 2000 feet of the proposed Mondawmin Mass Transit Station, with permission to establish a drive-in restaurant. The land shown on Sheet 2 of the plans attached to Ordinance 77-348 comprises only the Mondawmin Metro and bus station owned by the State of Maryland, and the Mondawmin Mall shopping center.
Mondawmin Business Trust and Northwest Associates, owners of the properties located at 2401 Liberty Heights Avenue, bordered on the north by Liberty Heights Avenue, on the west by Tioga Parkway, on the south by Gwynns Falls Parkway, and on the east by Monroe Street and Reisterstown Road, on which they operate the shopping center known as "Mondawmin Mall", wish to rescind Ordinance 77-348 and replace the existing Development Plan with a new one that will allow the owners to redevelop the properties under the auspices of a new Business Planned Unit Development.
The owners propose to redevelop the properties, and the improvements are to include a new food supermarket and new or expanded retail stores in the existing mall, new pad site tenants on the northwest portion of the parking lot, and new retail buildings on the east and west ends of the mall.
On April 5, 2006, representatives of Mondawmin Business Trust, Northwest Associates, and subcontract consultants met with the Department of Planning for a pre-petition conference to explain the scope and nature of the proposed new Development Plan.
Mondawmin Business Trust and Northwest Associates 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, Sections 1 and 4 of the Baltimore City Zoning Code.
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That Ordinance No. 77-348 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 Mondawmin Business Trust and Northwest Associates, fee simple owners of the properties located at 2401 Liberty Heights Avenue, bordered on the north by Liberty Heights Avenue, on the west by Tioga Parkway, on the south by Gwynns Falls Parkway, and on the east by Monroe Street and Reisterstown Road, consisting of 45 acres, more or less, as outlined on the accompanying Development Plan entitled "Mondawmin Mall - Planned Unit Development" consisting of Sheet 1, "Title Sheet", Sheet 2, "Existing Conditions Site Plan", Sheet 3, "Development Plan", Sheet 4, "Site Plan Review Committee Masterplan", Sheet 5, "Landscape Plan", Sheet 6, "Building Massing Plan", Sheet 7, "Design Guidelines", and Sheet 8, "Signage Plan", all dated March 21, 2006, to designate the properties a Business Planned Development under Title 9, Subtitles 1 and 4 of the Baltimore City Zoning Code.
SECTION 3. AND BE IT FURTHER ORDAINED, That the following uses are allowed in the Business Planned Unit Development:
a. all permitted, accessory, and conditional uses for the B-2 Zoning District set out in §§ 6-306, 6-307 and 6-308 of the Baltimore City Zoning Code, subject to the requirements and provisions stated in that section except that there shall not be a need for further public hearings for any particular use.
b. the following permitted uses for the B-3 Zoning District set out in § 6-406 of the Baltimore City Zoning Code, subject to the requirements and provisions stated in that section:
artisans' and craft work
automobile accessory stores - including repair and installation services
awnings, storm windows, and doors: sales and service
batteries and tires: sales and service
building and lumber material sales establishments with shops and yards
computer centers
dry cleaning establishments
fire and police stations
food commissaries, but not including drive-in restaurants
frozen food lockers
fuel and ice sales
garages and lots for bus and transit vehicles
greenhouses
hiring halls and work distribution centers
industrial supplies: sales
machinery: sales, rental, and service
meat markets - including sale of meats and meat products to restaurants, hotels,
clubs, and similar establishment
microwave antennas (satellite dishes)
motor vehicle rental establishments
motor vehicle sales
parcel collection and delivery stations
parking, open off-street areas, other than accessory, for the parking of 4 or more
motor vehicles
pay distribution centers
photographic printing and developing establishments
plumbing, heating and electrical equipment showrooms and shops
public utility service centers
schools: commercial
schools: trade
schools and studios: music, dance and business
trailer sales and rentals
vending machines for retail sale of products
warehousing and wholesale establishments, and storage, other than accessory to
permitted uses
welding equipment and supplies: sales and service
woodworking: custom and custom furniture-making shops.
c. the following conditional uses for the B-3 Zoning District set out in § 6-408 of the Baltimore City Zoning Code, subject to the requirements and provisions stated in that section:
amusement arcades - located at least 500 feet from the boundary line of a church
or school
recreational facilities: indoor
recreational facilities: outdoor.
d. In the area designated on the Development Plan as "Future Parcel B", in addition to all uses allowed under paragraphs a., b., and c. above, residential uses shall be permitted as in the R-10 Zoning District.
SECTION 5. AND BE IT FURTHER ORDAINED, That the minimum yard requirements are not applicable to specific lots created within the Business Planned Unit Development but must otherwise be in compliance with the plans approved by the Planning Commission.
SECTION 6. AND BE IT FURTHER ORDAINED, That the maximum height of buildings on the properties and floor area requirements shall be as set forth in the Development Plan.
SECTION 7. AND BE IT FURTHER ORDAINED, That inasmuch as the Business Planned Unit Development is located within the Mondawmin Transit Station Urban Renewal Area, in case of a conflict between this Ordinance (including the Development Plan) and the Mondawmin Transit Station Urban Renewal Plan, this Ordinance shall prevail; and, this Ordinance having been the subject of public hearings, the community review provisions in C.4.b. of the Urban Renewal Plan shall not apply to any aspect of the approved Development Plan.
SECTION 8. AND BE IT FURTHER ORDAINED, That all plans for construction of permanent improvements on the properties must be reviewed by the Planning Commission to insure that the plans are consistent with the Development Plan and this Ordinance.
SECTION 9. AND BE IT FURTHER ORDAINED, That the Planning Department may determine what constitutes a minor or major amendment or modification to the Development Plan. Any changes determined to be minor require approval by the Planning Commission. Major amendments require approval by Ordinance.
SECTION 10. 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 11. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
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