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 Cole
At the request of: Wylie Funeral Homes, P.A.
Address: c/o Stanley S. Fine, Esquire, Rosenberg ? Martin ? Greenberg, LLP, 25 South Charles
Street, Suite 2115, Baltimore, Maryland 21201
Telephone: 410-727-6600
A BILL ENTITLED
AN ORDINANCE concerning
title
Urban Renewal - Harlem Park Project II - Amendment _
FOR the purpose of amending the Urban Renewal Plan for Harlem Park Project II to amend the uses permitted in certain areas of the Plan, to revise an exhibit to reflect the changes in the Plan, to provide that to the extent there exists any conflict between the provisions of the Renewal Plan and the standards and controls of any Planned Unit Development legislation approved by the Mayor and City Council, the standards and controls of the Planned Unit Development control; conforming certain 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 Harlem Park Project II was originally approved by the Mayor and City Council of Baltimore by Ordinance 64-234 and last amended by Ordinance 00-109.
An amendment to the Urban Renewal Plan for Harlem Park Project II is necessary to amend the uses permitted in the areas designated "Commercial" under the Plan, to revise an exhibit to reflect the changes in the Plan, and to provide that to the extent there exists any conflict between the provisions of the Renewal Plan and the standards and controls of any Planned Unit Development legislation approved by the Mayor and City Council, the standards and controls of the Planned Unit Development control.
Under Article 13, ยง 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 Harlem Park Project II are approved:
(1) In the Plan, amend paragraph C.2.a.(1)(a) to read as follows:
(a) Residential uses shall be restricted to uses listed in the R-8 and General Residence and O-R-2 Office Residence Districts as listed in the Zoning [Ordinance] CODE of Baltimore City with the exception of clubs and lodges - non-profit, rooming and boarding houses for three or more roomers - but not exceeding ten rooming units in each structures, non-profit homes for the rehabilitation of non-bedridden alcoholic persons and for the care and custody of homeless persons, community correction centers, [drug abuse rehabilitation and treatment centers] CLINICS: HEALTH CARE, parole and probation offices, antenna towers and microwave relay towers and installations for communications - transmission or receiving, bus and transit turnarounds and passenger shelters, rooming and boarding houses with eleven or more rooming units, travel trailers and similar camping equipments - parking and storage, and hospitals. The O-R-2 uses shall be limited to 1700 - 1720 Edmondson Avenue AND 634 - 638 N. GILMOR STREET. The following accessory uses shall be permitted:
. . . .
(2) In the Plan, after C.2.a.(4)(b), add new subparagraph (c) to read as follows:
(C) UNDERTAKING ESTABLISHMENTS AND FUNERAL PARLORS.
(3) In the Plan, add new Section I. to read as follows:
I. PLANNED UNIT DEVELOPMENTS
SUCH OTHER USES ARE PERMITTED IN CERTAIN PORTIONS OF THE URBAN RENEWAL AREA THAT ARE NOW OR MAY LATER BE SUBJECT TO ANY PLANNED UNIT DEVELOPMENT ("PUD"), CREATED PURSUANT TO THE ZONING CODE OF BALTIMORE CITY. TO THE EXTENT THERE EXISTS ANY CONFLICT BETWEEN THE PROVISIONS OF THIS RENEWAL PLAN AND THE STANDARDS AND CONTROLS OF ANY PLANNED UNIT DEVELOPMENT LEGISLATION APPROVED BY THE MAYOR AND CITY COUNCIL, THE STANDARDS AND CONTROLS OF THE PUD, INCLUDING, WITHOUT LIMITATION, THOSE AFFECTING USE, PARKING, ACCESS, AESTHETIC AND SPECIFIC LOT CONTROLS, AND BULK REGULATIONS, CONTROL.
(4) In the Plan, revise Exhibit 2, "Land Use Plan", to reflect the changes in the Plan.
SECTION 2. AND BE IT FURTHER ORDAINED, That the Urban Renewal Plan for Harlem Park Project II, as amended by this Ordinance and identified as "Urban Renewal Plan, Harlem Park Project II, revised to include Amendment _, dated December 10, 2009", 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 revised Exhibit 2, "Land Use Plan", dated November 23, 2009, is approved.
SECTION 4. 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 5. 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 6. 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 7. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the date it is enacted.
dlr09-0944~intro/07Dec09
urbrenwlamdt/HarlemParkProjectII/nbr
dlr09-0944~intro/07Dec09
??2??
urbrenwlamdt/HarlemParkProjectII/nbr