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 Costello
At the request of: MCB HP Baltimore, LLC
Address: c/o Caroline Hecker, Esq.
Rosenberg Martin Greenberg, LLP
25 South Charles St., Suite 21st Fl, Baltimore, Maryland 21201
Telephone: (410) 727-6600
A Bill Entitled
An Ordinance concerning
title
Urban Renewal - Inner Harbor Project I - Amendment 21
For the purpose of amending the Urban Renewal Plan for Inner Harbor Project I; amending the Development Area Controls for certain development areas; amending the Land Use and Proposed Zoning exhibits to the Plan; waiving certain content and procedural requirements, making the provisions of this Ordinance severable; providing 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 Inner Harbor Project 1 was originally approved by the Mayor and City Council of Baltimore by Ordinance No. 67-1045, as last amended by Ordinance 15-327.
An amendment to the Urban Renewal Plan for Inner Harbor Project I is necessary to update the Development Area Controls for certain development areas and to amend the Land Use and Proposed Zoning Exhibits to reflect changes to the Plan.
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 the 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 Inner Harbor Project I are approved:
(1) In the Plan, amend Section III.B to read as follows:
III. Land Disposition
B. The Areas shown as available for disposition in Exhibits B, “Development Areas”, and C, “Land Use”, are schematic and approximate, and the Agency shall have the right, in its discretion, to fix their precise boundaries and size. The Agency shall also have the right, [in order] to facilitate the most advantageous development of the Project, to subdivide or combine the Development Areas or portions thereof, including adjusting the established parcel and lot lines of development areas under agency control, and in so doing to assign or consolidate, as the case may be, the Standards and Controls applicable to said Development Areas. To carry out this Plan, the Agency will formulate appropriate disposition policies and procedures.
(2) In the Plan, amend Section V.B. to read as follows:
V. Standards and Controls
B. Size of Facilities:
The minimum and maximum sizes of the various types of facilities in each Development Area shall be determined by [the Agency, provided that the facilities defined in section IV.3 as Office, Housing, Transient Housing, and Retail, in that portion of the Project to be disposed of, shall contain in the aggregate not less than 2,000,000 square feet of gross building area nor more than 4,000,000 square feet of gross building area, and provided further, that the] the zoning for each parcel. The facilities defined in Section IV.3 as Parking, in that portion of the Project to be disposed of, shall contain in the aggregate not less than 3,000 spaces nor more than 4,500 spaces. [The Agency shall set maximum densities of residential development which shall not exceed 250 dwelling units per net acre.]
(3) In the Plan, amend Section V.D. to read as follows:
V. Standards and Controls
D. Servicing:
All servicing shall be off street, and except with respect to Development Areas 13 and 15a and to the properties not to be acquired, shall be within structures and roofed, so as to be screened from public view. Loading docks will be provided and in accordance with the Building Code of Baltimore City. Open-air storage of equipment, merchandise, and materials is prohibited, except in Development Areas 17a and 25. Outside exhibit or display of merchandise is prohibited, except in development areas 13 and 15a, and except where specifically permitted by the Department.
(4) In the Plan, amend V. P. Development Area 13 to read as follows:
V. Standards and Controls
P. Development Area Controls:
Development Area 13
a. General Use: Commercial and Residential
b. Building Requirements:
i. Maximum Permitted Height: [Elevation 50 feet, except for limited extensions of specialized construction as may be approved by the Agency] Subject to the zoning of the underlying parcel.
ii. Vehicular Access: Access will be permitted from the surrounding streets through Development Area 15, in such a manner as may be approved by the Department.
iii. Parking: No Parking permitted except for special uses as may be approved by the Department.
iv. Planning Review: All preliminary and final plans for Development Area 13 shall be subject to review and comment by [an ad hoc Advisory Task Force (hereinafter called Task Force) which shall be established by the Commissioner of the Department of Housing and Community Development to provide citizen input into the design process for the improvements to be constructed within said Development Area. The size and composition of the said Task force shall be determined by the Commissioner at his sole discretion except that the Task force shall include two representatives of the City Council who shall be appointed by the President. The Department shall retain final authority to approve or disapprove all proposed plans for said area.] the Urban Design and Architecture Advisory Panel (UDAAP), as part of the design review process established by Title 4, Subtitle 4 {“Design Review”} of the Zoning Code.
(5) In the Plan, amend V. P. Development Area 14 as follows:
V. Standards and Controls
P. Development Area Controls:
Development Area 14
a. General Use: Public and Commercial
b. Building Requirements: [No building construction will be permitted at or above grade level except for that which is related and incidental to the General Use of this Development Area, and which is approved by the Agency, provided that vehicular circulation and parking at or above grade are prohibited.]
Building construction, which is approved by the Agency, shall be permitted, provided that the building construction:
1. does not exceed 3 stories; or
2. a total of 20,000 gross square feet in the aggregate across Development Area 14; and
3. that vehicular circulation and parking at or above grade are prohibited.
(6) In the Plan, amend V. P. Development Area 15a to read as follows:
V. Standards and Controls
P. Development Area Controls:
Development Area 15a
a. General Use: Commercial and Residential
b. Building Requirements:
i. Maximum Permitted Height: [Elevation 50 feet, except for limited extensions of specialized construction as may be approved by the Agency] Subject to the zoning of the underlying parcel.
ii. Vehicular Access: Access will be permitted from the surrounding streets through Development Area 15, in such a manner as may be approved by the Department.
iii. Parking: [No Parking permitted except for special uses as may be approved by the Department.] Off-street parking is permitted where expressly approved by the Department, provided that the off-street parking is not located at grade and is screened from public view.
iv. Planning Review: All preliminary and final plans for Development Area 13 shall be subject to review and comment by [an ad hoc Advisory Task Force (hereinafter called Task Force) which shall be established by the Commissioner of the Department of Housing and Community Development to provide citizen input into the design process for the improvements to be constructed within said Development Area. The size and composition of the said Task force shall be determined by the Commissioner at his sole discretion except that the Task force shall include two representatives of the City Council who shall be appointed by the President. The Department shall retain final authority to approve or disapprove all proposed plans for said area.] the Urban Design and Architecture Advisory Panel (UDAAP), as part of the design review process established by Title 4, Subtitle 4 {“Design Review”} of the Zoning Code.
(7) Revise Exhibit B, “Development Areas” to reflect the changes in the Plan.
(8) Revise Exhibit C, “Land Use” to reflect the changes in the Plan.
(9) Revise Exhibit D, “Proposed Zoning” to reflect the changes in the Plan.
(10) Revise Exhibit E, “Right-of-Way Adjustments” to reflect the changes in the Plan.
Section 2. And be it further ordained, That the Urban Renewal Plan for Inner Harbor Project I, as amended by this Ordinance and identified as “Urban Renewal Plan, Inner Harbor Project I, revised to include Amendment 21, dated October 30, 2023”, including Exhibit A, “Land Acquisition”, dated August 25, 1970, as most recently revised on October 6, 2000; Exhibit B, “Development Areas”, dated April 24, 1979, as most recently revised on __________; Exhibit C, “Land Use”, dated April 24, 1979, as most recently revised on _________; Exhibit D, “Proposed Zoning”, dated April 24, 1979, as most recently revised on _________; Exhibit E, “Right of Way Adjustments”, dated April 24, 1979, as most recently revised on ________; and, Exhibit F, “Waterfront Area Controls”, dated October 6, 2000, 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.