1.  ROLL CALL
2. APPROVAL OF MINUTES
3. MINOR AMENDMENT AND FINAL DESIGN APPROVAL/NEW EAST BALTIMORE COMMUNITY PUD – MARYLAND PUBLIC HEALTH BUILDING – 1746 ASHLAND AVENUE (Thirteenth District)
4. CITY COUNCIL BILL #11-0635/REZONING – 3700 PENNINGTON AVENUE (A PORTION OF THE PROPERTY) – (Councilmember Edward Reisinger)
   For the purpose of changing the zoning for a portion of the property known as 3700 Pennington Avenue, as outlined in red on the accompanying plat, from the R-7 Zoning District to the M-2-1 Zoning District. (Tenth District)
5. CITY COUNCIL BILL #11-0650/SALE OF PROPERTIES – 601-603, 621, 701, 709, 750, 801, AND 810 McCABE AVENUE (City Council President –Administration)
   For the purpose of authorizing the Mayor and City Council of Baltimore to sell, at either public or private sale, all its interest in certain properties that are known as 601-603, 621, 701, 709, 750, 801, and 810 McCabe Avenue and are no longer needed for public use; and providing for a special effective date. (Fourth District)
6. CITY COUNCIL BILL #11-0654/ZONING – CONDITIONAL USE CONVALESCENT, NURSING, AND REST HOME (ASSISTED LIVING) – 2926 HARFORD ROAD (Councilmembers Mary Pat Clarke and William "Pete" Welch) For the purpose of permitting, subject to certain conditions, the establishment, maintenance, and operation of a convalescent, nursing, and rest home (assisted living) on the property known as 2926 Harford Road, as outlined in red on the accompanying plat; and repealing a previous ordinance relating to the same property. (Fourteenth District)
7. MINOR SUBDIVISION FINAL PLANS/6100 WABASH AVENUE (Fifth District)
8. MINOR SUBDIVISION FINAL PLANS/1616 AND 1618 HANOVER STREET (Tenth District)
9. CIP TRANSFERS

This agenda was prepared on the assumption that all necessary materials have been made available in sufficient time for consideration by the Commission at this meeting. There are occasionally changes in this agenda when relevant materials have not been delivered to the Department on schedule. For any marked (**) please call the Department at 410-396-8337 for current information.

The meeting will be held in the Phoebe B. Stanton Boardroom of the Department of Planning, located on the 8th floor of 417 East Fayette Street.

Summary

3. MINOR AMENDMENT AND FINAL DESIGN APPROVAL/NEW EAST BALTIMORE COMMUNITY PUD – MARYLAND PUBLIC HEALTH BUILDING – 1746 ASHLAND AVENUE
Forest City/New East Baltimore Partnership (FC/NEBP) is proposing to construct a new Life Sciences office building at the northwest corner of Ashland and North Rutland Avenues within the footprint of the New East Baltimore Community Planned Unit Development (PUD). This area corresponds to Parcel L-4 on plans. The single-occupant building is being constructed expressly for the needs of the State of Maryland’s Department of Health and Mental Hygiene (DHMH), which is currently located at 201 West Preston Street in State Center. DHMH has made the decision to split its office and research functions, opting to locate lab space near similar medical research facilities in east Baltimore. Office space will be retained at State Center for the agency’s non-research based employees. FC/NEBP has recently obtained a necessary rezoning approval and has subdivided the subject property. They are now returning for the last remaining approvals, which include Minor Amendment and Final Design Approval.

In advance of a hearing on this matter, staff notified the following community groups: Northeast Market Merchants Association, Reclaiming our Community, Citizens Communication Coalition, Broadway Development Foundation, Madison East End Neighborhood Improvement Association, Madison East End Improvement Association, Inc., Monument Street Merchants Association, Monument Street Renaissance, Milton-Montford Improvement Association, Inc., Faith Lane Community Association, Washington-Wolfe Gateway Community Association, McElderry Park Community Association, C.A.R.E., Save Middle East Action Committee, and Historic East Baltimore Community Action Coalition, Inc.

Recommendation:

• Minor Amendment: Approval
• Final Design Approval: Approval

4. CITY COUNCIL BILL #11-0635/REZONING – 3700 PENNINGTON AVENUE (A PORTION OF THE PROPERTY)
As introduced, City Council Bill 11-0635 would affirm the current zoning of 3700 Pennington Avenue. The property intended to be the subject of the bill lies across a 10’ alley behind 3700 Pennington Avenue, and consists of two lots: Block 7267, Lot 16/24 that measures approximately 135’ by 100’; and Block 7267, Lot 14/15 also known as 1503 Sassafras Street. If amended to include these two lots, the bill would extend the boundary of the recommended M-1 Zoning District into the northern-central portion of an otherwise residential block. 
When the area was rezoned during the last comprehensive rezoning of Baltimore City in 1971, there was a tavern at 3700 Pennington Avenue. Taverns are permitted uses in M-2 zones but not in M-1 zones. The tavern owner would not have been able to expand his tavern to include 3702 Pennington Avenue (with which it was eventually consolidated) had it been rezoned R-7 like the remainder of the block, because the Zoning Code severely limits expansion of non-conforming uses, which a tavern is in Residential zones. Hence, the M-2 zone that was appropriate across Pennington Avenue was extended to include 3700-3702 Pennington Avenue. The tavern closed in the 1990s and the building was extensively renovated by a subsequent owner to allow placement and operation of light manufacturing equipment in it. The result is that there has been a substantial change in the character of the property and its relation to the neighborhood, and the existing zoning classification is inappropriate.

Because the property being considered for rezoning is located on the south side of Sassafras Street across from an electrical substation, it is not a desirable location for infill residential development even though it is bordered by houses with residential zoning. Thus, its remaining in an R-7 Zoning District is not conducive to development of this vacant land. However, as a result of Planning Department work on “TransForm Baltimore” staff anticipate proposing a new zoning district for 3700 Pennington Avenue and these two Sassafras Street lots. The subject properties would be reclassified by the proposed new Zoning Code as “I-1”, for light industrial uses. The I-1 zoning district would serve as a buffer between residential areas and more intense industrial uses. The I-1 equivalent in our current Zoning Code is M-1 zoning.

Therefore, Planning staff recommends amending City Council Bill 11-0635 to rezone 3700 Pennington Avenue from M-2-1 to M-1-1, and the property known as Block 7267, Lot 16/24, and 1503 Sassafras Street from R-7 to M-1-1 zoning. This amendment, if adopted, would reflect the juxtaposition of houses and industrial uses, with light industrial use of the subject properties forming a transition from the residential neighborhood west and south of the properties to the heavier industrial use area across Pennington Avenue east of the properties.

The Brooklyn and Curtis Bay Coalition, the South Baltimore Business Alliance, Concerned Citizens for a Better Brooklyn, the Community of Curtis Bay Association, Baltimore Development Corporation, and the City Council representative were notified of this action.

Recommendation: Amendment and Approval

5. CITY COUNCIL BILL #11-0650/SALE OF PROPERTIES – 601-603, 621, 701, 709, 750, 801, AND 810 McCABE AVENUE

City Council Bill #11-0650 authorizes the sale of eight properties known as 601- 603, 621, 701, 709, 750, 801 and 810 McCabe Avenue. These properties are located in North Central Baltimore in the Winston-Govans neighborhood. The community has been working with the City of Baltimore (Department of Housing and Community Development) to redevelop vacant and abandoned residential properties. The goal is to provide affordable housing, put properties back on the City’s tax roll, and help eliminate blight. The sale of the eight properties for redevelopment by the Department of Housing is consistent with the community’s desire to rejuvenate the neighborhood by comprehensively rehabilitating vacant houses. There are several developers that have invested in housing rehabilitation of this neighborhood. The City plans to sell these properties to Chesapeake Habitat for Humanity. This non-profit organization plans to provide affordable for sale homes through their sweat equity home rehabilitation model.

Therefore, it is staff’s findings that the aforementioned properties are no longer needed for public facility purposes and can be sold for neighborhood redevelopment purposes.

Staff notified Govans Ecumenical Development Corporation-(GEDCO), Greater Homewood Community Corporation, Inc., North Baltimore Neighborhood Coalition, Northeast Development Alliance, Inc. (NEDA), Woodbourne-McCabe Neighborhood Association, Inc, York Road Partnership, Department of Real Estate, and the City Council representative of this action.

Recommendation: Approval

6. CITY COUNCIL BILL #11-0654/ZONING – CONDITIONAL USE CONVALESCENT, NURSING, AND REST HOME (ASSISTED LIVING) – 2926 HARFORD ROAD
For the purpose of permitting, subject to certain conditions, the establishment, maintenance, and operation of a convalescent, nursing, and rest home (assisted living) on the property known as 2926 Harford Road, as outlined in red on the accompanying plat; and repealing a previous ordinance relating to the same property.

The applicant wishes to establish an assisted living facility at 2926 Harford Road. This use requires the conditional use approval of the Mayor and City Council through an Ordinance. This building will have a maximum capacity of 40 residents.

The Coldstream Homestead Montebello Community Corporation, Incorporated, were notified in advance of this action.

Recommendation: Amend and approve, with the following amendments:

• That the maximum number of clients is 40 not including staff;
• There may be no exterior sign on the facility other than a nameplate no larger than 12 inches wide by 12 inches high.

 

 

CONSENT AGENDA

7. MINOR SUBDIVISION FINAL PLANS/6100 WABASH AVENUE
The property known as 6100 Wabash Avenue is being subdivided into two lots (Lot 1, 11.28 acres and Lot 2, 25.65 acres) for dispositional purposes. Lot 1 will be conveyed and used for the replacement Social Security Headquarters. Lot 2 will be retained by State of Maryland – Mass Transit Administration. Now new development is being proposed. The site is zoned O-R-2 and is 36.9 acres.

The Baltimore Association for Retarded Citizens, Inc., American National Red Cross, Mayor and City Council, Seton Business Park Advanced Packaging, Inc, Glenn Neighborhood Improvement Association and the Brighton Community were notified about the Minor Final Subdivision Plans for 6100 Wabash Avenue.

Recommendation: Approval

8. MINOR SUBDIVISION FINAL PLANS/1616 AND 1618 HANOVER STREET
The owner of 1616 South Hanover Street is proposing to subdivide off a small portion of its property and convey it to the owner of 1618 South Hanover Street for parking. The area to be subdivided off 1616 South Hanover Street totals 200 square feet. The 200 square feet area is to be consolidated with 1618 South Hanover Street to be used for parking.

The South Baltimore Neighborhood Association and the adjacent property owners were notified about the Minor Final Subdivision Plans for 1616 and 1618 South Hanover Street.

Recommendation: Approval

Staff Report

REQUEST: Minor Amendment and Final Design Approval – Maryland Public Health Laboratory (1746 Ashland Avenue)

RECOMMENDATION:

• Minor Amendment: Approval
• Final Design Approval: Approval

STAFF: Natasha Becker

PETITIONER: Forest City/New East Baltimore Partnership (FC/NEBP)

OWNERS: Same

SITE/GENERAL AREA
Site Conditions: The approved New East Baltimore Community PUD area is bounded by East Chase Street to the north, East Madison Street to the south, and roughly by North Washington Street to the east and North Broadway to the west. The total site area is 33.98 acres; all zoned either B-2-3 or R-8. The specific site in question at this time lies at the northwest corner of Ashland and North Rutland Avenues and is zoned B-2-3.

General Area: The general project area lies at the convergence of several distinct neighborhoods that are also Urban Renewal Areas in the central portion of East Baltimore. Those are the Middle East, Johnston Square, Broadway East, Oliver, and Gay Street I Urban Renewal Areas. Though predominantly Residential (either R-7 or R-8), there are also smaller areas of Office-Residential, Commercial, and Industrial zoning. With the exception of Johnston Square, all of the neighborhoods or portions thereof, are in the Historic East Baltimore Community Action Coalition (HEBCAC) Village Center of the Eastside Empowerment Zone. Institutional and
public facilities in the area include several elementary schools, Broadway Court Elderly Housing, the John Hopkins Drug Treatment Facility, One Stop Career Center, East Baltimore Medical Center, and Collington Square and Oliver Recreation Centers.

CONFORMITY TO PLANS
The project is located within the Middle East Urban Renewal Plan area. The proposed development plan is in conformance with the goals and objectives of that plan. Moreover, the proposal is consistent with the goals and objectives of the Baltimore City Comprehensive Master Plan, specifically: EARN Goal 1, Objective 2: Retain and attract business in bioscience and Objective 6: Retain and attract business in healthcare and social assistance.

HISTORY

• Ordinance #1202, approved November 30, 1979, established the Middle East Urban Renewal Plan.
• On August 12, 2004, the Planning Commission recommended approval of various street and alley closings within the New East Baltimore Community (Part I).
• On June 2, 2005, members of the Planning Commission granted Final Design Approval to the first Life Sciences building to be constructed at 855 N. Wolfe Street.
• Ordinance #05-124, approved by the Mayor and City Council on September 26, 2005, was the last amendment to the Middle East Urban Renewal Plan.
• Ordinance #05-159, approved by the Mayor and City Council on October 26, 2005, rezoned multiple properties in the project area from the B-2-3 zoning district to the R-8 zoning district.
• Ordinance #05-160, approved by the Mayor and City Council on October 26, 2005, established the New East Baltimore Community Planned Unit Development.
• On December 1, 2005, the Planning Commission recommended approval of various street and alley closings within the New East Baltimore Community (Part II.)
• On March 23, 2006, the Planning Commission approved the Final Subdivision and Development Plan for the R2 and R3 residential buildings.
• On August 10, 2006, the Planning Commission approved the Final Design for a temporary surface parking lot adjacent to the R2 and R3 residential buildings.
• On August 9, 2007, the Planning Commission approved a Minor Amendment for the primary residential area north of Eager Street and a Final Design Approval for the R1 development parcels.
• On December 20, 2007, the Planning Commission approved the Final Subdivision and Development Plan for the residential area north of Eager Street
• On April 3, 2008, the Planning Commission approved the Final Design for multiple blocks comprising Pennrose’s Phase I area.
• On April 15, 2010, the Planning Commission approved the Final Design for the R9/R10 Graduate Student High Rise.
• On November 18, 2010, the Planning Commission approved the Final Subdivision and Preliminary Development Plan for 1746 Ashland Avenue.
• Ordinance #11-417, approved by the Mayor and City Council on February 10, 2011, rezoned 1746 Ashland Avenue from R-8 to B-2-3.
• Ordinance #11-418, approved by the Mayor and City Council on February 10, 2011, was Amendment #1 to the New East Baltimore Community PUD.

ANALYSIS
Forest City/New East Baltimore Partnership (FC/NEBP) is proposing to construct a new Life Sciences office building at the northwest corner of Ashland and North Rutland Avenues within the footprint of the New East Baltimore Community Planned Unit Development (PUD). This area corresponds to Parcel L-4 on plans. The single-occupant building is being constructed expressly for the needs of the State of Maryland’s Department of Health and Mental Hygiene (DHMH), which is currently located at 201 West Preston Street in State Center. DHMH has made the decision to split its office and research functions, opting to locate lab space near similar medical research facilities in east Baltimore. Office space will be retained at State Center for the agency’s non-research based employees.

The new building will be approximately 225,000 square feet in size across five floors and a full basement, plus a two-story mechanical penthouse and green roof. Due to the biohazardous nature of materials handled in the facility, site security has been an ongoing design issue. This is evidenced by inclusion of security gates at either end of the service alley running parallel to the building, landscaping and vehicular barriers, as well as the removal of on-street parking along the building’s Ashland and Rutland Avenue frontages. The building’s required parking spaces will be provided in the future P-2 parking structure north of the site, but temporary surface parking will be utilized in the interim.

FC/NEBP has recently obtained a necessary rezoning approval and has subdivided the subject property. They are now returning for the last remaining approvals, which include Minor Amendment and Final Design Approval.

As part of its review of the request, staff has considered the following:

• PUD Minor Amendment: The site of the proposed DHMH Public Health Laboratory building corresponds to Parcel 4 on the PUD Development Plan. While the site has always been slated for Life Sciences uses, a Minor Amendment to the PUD is needed simply to reflect changes to the Development Plan since its initial approval and to record the final building footprint. This is little more than a technical approval, and all aspects of the Development Plan for Parcel 4 comply with the PUD.
• Architectural Building Elevations: The building will be five stories above-grade with a two-story penthouse designed to conceal rooftop mechanical equipment. The main entrance will be at the corner of Ashland and North Rutland Avenues, marked with a contemporary glass entry canopy. The building’s maximum height will be 122’, conforming to the PUD’s height restrictions, and primary building materials along its main Ashland Avenue frontage will be precast granite, metal panel with a standing seam joint, and glass curtain wall. Brick will be incorporated into the frontages along North Rutland Avenue and adjoining alleys. A notable feature will be artwork in the building’s lobby area, designed by MICA students and visible from the street. Architectural elevations were reviewed and approved by members of the Urban Design and Architectural Review Panel on January 27, 2011.
• Sustainability: The project triggers Baltimore City’s Green Building requirements, and the team will be following the LEED compliance path. To this end, they are creating a 17,767 square foot green roof, providing sustainable transportation linkages (on-site car share, bike parking, and showers for staff), and instituting specific energy efficiency and water saving measures, among others.

In advance of a hearing on this matter, staff notified the following community groups: Northeast Market Merchants Association, Reclaiming our Community, Citizens Communication Coalition, Broadway Development Foundation, Madison East End Neighborhood Improvement Association, Madison East End Improvement Association, Inc., Monument Street Merchants Association, Monument Street Renaissance, Milton-Montford Improvement Association, Inc., Faith Lane Community Association, Washington-Wolfe Gateway Community Association, McElderry Park Community Association, C.A.R.E., Save Middle East Action Committee, and Historic East Baltimore Community Action Coalition, Inc.
 

REQUEST: City Council Bill 11-0635 – Rezoning – 3700 Pennington Avenue (A Portion Of  The Property)

For the purpose of changing the zoning of a portion of the property known as 3700 Pennington Avenue, as outlined in red on the accompanying plat, from the R-7 Zoning District to the M-2-1 Zoning District.

RECOMMENDATION: Amend and Approve

Amendments:

1. Retitle City Council Bill 11-0635 to state: Rezoning – 3700 Pennington Avenue, and Block 7267, Lot 16/24, and 1503 Sassafras Street
2. Revise Section 1 of the Bill, beginning at line 14, to state:

Sheet 97 of the Zoning District Maps is amended by changing from the M-2-1 Zoning District to the M-1-1 Zoning District the property known as 3700 Pennington Avenue, and by changing from the R-7 Zoning District to the M-1-1 Zoning District the properties known as Block 7267, Lot 16/24, and 1503 Sassafras Street, as outlined in red on the plat accompanying this Ordinance.

STAFF: Martin French

PETITIONER(S): Pennington Commercial, LLC

OWNER: Pennington Commercial, LLC

SITE/ GENERAL AREA
Site Conditions: The property which is the subject of the bill as introduced, known as 3700 or as 3700-3702 Pennington Avenue, is a consolidated property designated as Block 7267, Lot 12/13. This property measures approximately 50’ by 100’ and is improved with a two-story structure converted to industrial use that covers the entire lot. This property is located at the southwest corner of Pennington Avenue and Sassafras Street, and is already part of an M-2-1 Zoning District.

The property intended to be the subject of the bill lies across a 10’ alley behind 3700 Pennington Avenue, and consists of two lots: the larger, known only as Block 7267, Lot 16/24 that measures approximately 135’ by 100’; and the smaller, being Block 7267, Lot 14/15 also known as 1503 Sassafras Street. These lots are fenced and paved, and owned in common and used in common with 3700 Pennington Avenue. 

General Area: The properties comprising Block 7267, bounded by Pennington Avenue on the east, Sassafras Street on the north, Fairhaven Avenue on the west, and Sycamore Street on the south, are all residential with the exception of the properties identified above under “Site Conditions”. These properties represent the northeastern corner of a larger residential area consisting of two parts, Brooklyn to their west and Curtis Bay to their south, which is zoned R-6 and R-7. On the opposite (northern) side of Sassafras Street is an electrical substation with an array of step-down transformers that is zoned M-2-1, and on the opposite (eastern) side of Pennington Avenue is another set of electrical transformers lying at the northern end of the Curtis Bay industrial area.

HISTORY
There is no previous legislative history concerning the two vacant properties on Sassafras Street. However, 3700 Pennington Avenue is included in the Brooklyn-Curtis Bay Business Area Urban Renewal Area which covers both sides of Pennington Avenue, with the exception of the electrical transformer station opposite 3700 Pennington Avenue, from it northern end to Locust Street five blocks to the south, and all of the western side of Pennington Avenue southward to the Ferry Branch of Curtis Creek. 

CONFORMITY TO PLANS
The proposed action is consistent with the City of Baltimore’s Comprehensive Master Plan, LIVE EARN PLAY LEARN, Earn Goal I: Strengthen Identified Growth Sectors, Objective 1: Retain and Attract Businesses in all Growth Sectors. The business operating on the properties owned by Pennington Commercial LLC manufactures custom-made elevator cab interiors for use in newly-constructed or renovated commercial and residential high-rise buildings; this has included several notable examples within Baltimore City, but is from the strictly local viewpoint an export industry as most of the company’s orders pertain to buildings outside the City. The business has experienced an increase in demand for its product and needs to expand its manufacturing facilities. The vacant lots behind 3700 Pennington Avenue are under the same ownership and available for construction of a light industrial building, provided that the lots are first rezoned for light industrial use.

ANALYSIS
As introduced, City Council Bill 11-0635 would affirm the current zoning of 3700 Pennington Avenue. The property intended to be the subject of the bill lies across a 10’ alley behind 3700 Pennington Avenue, and consists of two lots: Block 7267, Lot 16/24 that measures approximately 135’ by 100’; and Block 7267, Lot 14/15 also known as 1503 Sassafras Street. If amended to include these two lots, the bill would extend the boundary of the recommended M-1 Zoning District into the northern-central portion of an otherwise residential block.

Curtis Bay is an area of residences, except along its waterfront east of Pennington Avenue and Curtis Avenue. Both Curtis Avenue and Pennington Avenue serve as major truck routes benefitting industry in Fairfield, the Curtis Bay area, the Hawkins Point area south of Curtis Creek, and northern Anne Arundel County. Heavy industry and major import-export break-bulk operations line the waterfront’s deep-water anchorages, and use Curtis and Pennington Avenues as access routes for incoming and outgoing freight. These same roads also demarcate the separation between heavy and port-related industry and the residential areas to the west of the industrial area.

When the area was rezoned during the last comprehensive rezoning of Baltimore City in 1971, there was a tavern at 3700 Pennington Avenue. Taverns are permitted uses in M-2 zones but not in M-1 zones. The tavern owner would not have been able to expand his tavern to include 3702 Pennington Avenue (with which it was eventually consolidated) had it been rezoned R-7 like the remainder of the block, because the Zoning Code severely limits expansion of non-conforming uses, which a tavern is in Residential zones. Hence, the M-2 zone that was appropriate across Pennington Avenue was extended to include 3700-3702 Pennington Avenue. The tavern closed in the 1990s and the building was extensively renovated by a subsequent owner to allow placement and operation of light manufacturing equipment in it. The result is that there has been a substantial change in the character of the property and its relation to the neighborhood, and the existing zoning classification is inappropriate.

Because the property being considered for rezoning is located on the south side of Sassafras Street across from an electrical substation, it is not a desirable location for infill residential development even though it is bordered by houses with residential zoning. Thus, its remaining in an R-7 Zoning District is not conducive to development of this vacant land. However, as a result of Planning Department work on “TransForm Baltimore” staff anticipate proposing a new zoning district for 3700 Pennington Avenue and these two Sassafras Street lots. The subject properties would be reclassified by the proposed new Zoning Code as “I-1”, for light industrial uses. The I-1 zoning district would serve as a buffer between residential areas and more intense industrial uses. The I-1 equivalent in our current Zoning Code is M-1 zoning.

CONFORMITY TO MARYLAND CODE ARTICLE 66-B 
Because Article 66-B (the Zoning article) of State law requires specific findings concerning the purpose and effect of a proposed change of zoning classification of particular property, Planning staff recommend the following findings with reference to these cited requirements: 

Population changes: There has been none of significance for 40 years (1971 – 2011) in relation to general population loss throughout Baltimore City in the same period. [2.05.(a)(2)(ii)1.]

Availability of public facilities: These have remained adequate and undiminished for 40 years (1971 – 2011), and have been augmented in the case of highways by completion of Interstate Highway 95 and its Fort McHenry Tunnels and completion of the Baltimore Beltway and Francis Scott Key Bridge over the Patapsco River in the 1970s, to which Patapsco and Pennington Avenues are feeder routes for vehicular traffic. There has been significant investment in improved deep-water port facilities in the MIZOD area east of the subject properties by both private sector and public sector entities. [2.05.(a)(2)(ii)2.]

Present and future transportation patterns: Patapsco, Pennington, and Curtis Avenues are and are expected to remain major motor vehicle routes primarily servicing the MIZOD and non-MIZOD industrial areas to the north, east, and southeast of the three properties. In addition to handling large volumes of heavy truck traffic, these streets also serve MTA bus service (public transportation) connecting to downtown and other parts of the Baltimore metropolitan area. [2.05.(a)(2)(ii)3.]

Compatibility with existing and proposed development for the area: The predominantly residential character of the non-waterfront parts of the Brooklyn and Curtis Bay neighborhoods combined was established over 50 years ago and appears likely to remain. The industrial character of the Patapsco River littoral, which was established over 90 years ago, is unlikely to change as long as the MIZOD remains in place, and there are no changes to the mapping of the MIZOD currently proposed. The 1971 mapping of 3700 Pennington Avenue as part of a M-2 Industrial District breached the separation between the residential and industrial portions of the greater Brooklyn – Curtis Bay area, and if left unchanged would allow moderate intensity industrial uses incompatible with adjoining residential use to possibly diminish the quality of residential life in the immediate area. [2.05.(a)(2)(ii)4.]

Relation of the proposed amendment to the City’s plan: The proposed amendment is consistent with the City’s Comprehensive Master Plan goals of strengthening identified growth sectors and retaining and attracting businesses in all growth sectors. The proposed use of the three properties is light manufacturing business servicing the needs of regional, national, and international building construction firms, and the products that would be produced locally would be exported to other jurisdictions or countries. Because the proposed use of the three properties is also light industry, as differentiated from heavier industry such as what is allowed in M-2 Industrial Districts, the proposed amendment would also be consistent with Master Plan goals of maintaining safe, clean, and healthy neighborhoods by creating a light manufacturing buffer between the residential areas to the west and south of the three properties and the heavier industrial (M-2) areas to the east and north of the three properties. [2.05.(a)(2)(ii)6.]

A mistake in the existing zoning classification originated at the time of adoption of the Zoning Districts map in 1971, because (1) extending the M-2 Industrial Zoning District across a primary traffic route into the northeast corner of a residential neighborhood created an opportunity for inappropriate industrial uses of a portion of an otherwise completely residential block; and (2) designating the two vacant properties known as Block 7267 Lot 16/24 and 1503 Sassafras Street as residential, even though they were immediately across a side street from a M-2 Industrial District occupied there by a major electrical power substation, effectively prevented development because a more compatible light industrial use was excluded by the Zoning Code’s provisions for Residential Districts. If granted, the amendment would resolve both of these issues by limiting the use of all three properties to light industrial uses, thus creating a transition from the residential neighborhood to the heavier industrial area to its north and east, while enabling development of the two vacant lots as an expansion of light industrial use of 3700 Pennington Avenue. [2.05.(a)(3)(ii)]

Therefore, Planning staff recommends amending City Council Bill 11-0635 to rezone 3700 Pennington Avenue from M-2-1 to M-1-1, and the property known as Block 7267, Lot 16/24, and 1503 Sassafras Street from R-7 to M-1-1 zoning. This amendment, if adopted, would reflect the juxtaposition of houses and industrial uses, with light industrial use of the subject properties forming a transition from the residential neighborhood west and south of the properties to the heavier industrial use area across Pennington Avenue east of the properties.

Staff notified the Brooklyn and Curtis Bay Coalition, the South Baltimore Business Alliance, Concerned Citizens for a Better Brooklyn, the Community of Curtis Bay Association, the Baltimore Development Corporation, and Councilman Edward Reisinger of this action.

REQUEST: City Council Bill #11-0650 / Sale Of Property – 601- 603, 621, 701, 709, 750, 801 And 810 McCabe Avenue

For the purpose of authorizing the Mayor and City Council of Baltimore to sell, at either public or private sale, all its interest in certain properties that are known as 601- 603, 621, 701, 709, 750, 801 and 810 McCabe Avenue and no longer needed for public use; and providing for a special effective date.

RECOMMENDATION: Approval

STAFF: Melvin Hicks

PETITIONER(s): Department of Housing & Community Development (DHCD)

OWNER: Mayor and City Council of Baltimore, on behalf of DHCD

SITE/GENERAL AREA
Site Conditions: The eight subject properties are vacant row houses and duplex style houses. The area is zoned R-6

General Area: The subject properties are located in North Central Baltimore in the Winston-Govans neighborhood. This community is characterized by a mixture of single family attached row houses, semi-detached homes, and detached homes.

HISTORY
On February 2, 2006, the Planning Commission approved The York Road Community Strategic Neighborhood Action Plan (SNAP).

CONFORMITY TO PLANS
The sale of these eight properties complies with The York Road Community Strategic Neighborhood Action Plan (SNAP) and the Comprehensive Master Plan’s Live Section, Goal 1, Objective 2: Strategically Redevelop Vacant Properties throughout the City.

ANALYSIS
City Council Bill #11-0650 authorizes the sale of eight properties known as 601- 603, 621, 701, 709, 750, 801 and 810 McCabe Avenue. These properties are located in North Central Baltimore in the Winston-Govans neighborhood. The community has been working with the City of Baltimore (Department of Housing and Community Development) to redevelop vacant and abandoned residential properties. The goal is to provide affordable housing, put properties back on the City’s tax roll, and help eliminate blight. The sale of the eight properties for redevelopment by the Department of Housing is consistent with the community’s desire to rejuvenate the neighborhood by comprehensively rehabilitating vacant houses. There are several developers that have invested in housing rehabilitation of this neighborhood. The City plans to sell these properties to Chesapeake Habitat for Humanity. This non-profit organization plans to provide affordable for sale homes through their sweat equity home rehabilitation model.

Therefore, it is staff’s findings that the aforementioned properties are no longer needed for public facility purposes and can be sold for neighborhood redevelopment purposes.

Staff notified Govans Ecumenical Development Corporation-(GEDCO), Greater Homewood Community Corporation, Inc., North Baltimore Neighborhood Coalition, Northeast Development Alliance, Inc. (NEDA), Woodbourne-McCabe Neighborhood Association, Inc., York Road Partnership, Department of Real Estate, and the City Council representative of this action.

REQUEST: City Council Bill #11-0654/Zoning – Conditional Use Convalescent, Nursing, And Rest Home (Assisted Living) – 2926 Harford Road

For the purpose of permitting, subject to certain conditions, the establishment, maintenance, and operation of a convalescent, nursing, and rest home (assisted living) on the property known as 2926 Harford Road, as outlined in red on the accompanying plat; and repealing a previous ordinance relating to the same property.

RECOMMENDATION: Amend and approve, with the following amendments:

• That the maximum number of clients is 40 not including staff;
• There may be no exterior sign on the facility other than a nameplate no larger than 12 inches wide by 12 inches high.
  
  STAFF: Ken Hranicky

PETITIONER(S): Esther’s Place at the Park, LLC.

OWNER: Esther’s Place at the Park, LLC.

SITE/ GENERAL AREA
Site Conditions: This site is located on Harford Road, approximately 267’ south of East Thirtieth Street, and is across Harford Road from Clifton Park. The property is approximately 203’ by 96.7’ and contains a three-story detached residence. This site is zoned R-8 and is within the Coldstream Homestead Montebello Urban Renewal Area, in which it is designated for residential use.

General Area: This property lies within the Coldstream Homestead Montebello community. A mix of residential uses, primarily in attached brick structures and churches and other institutions characterizes this area, along with commercial uses along East 25th Street and Harford Road, and Baltimore City College at the northwest corner of the neighborhood. Clifton Park is across Harford Road from this site.

HISTORY

• Ordinance #77-0289, establishing the Urban Renewal Plan for Cold spring Homestead Montebello, was approved on February 28, 1977.
• Ordinance #98-0351, providing the latest amendment to the Cold spring Homestead Montebello Urban Renewal Plan, was approved on June 24, 1998.
• Ordinance #85-0510, providing for the establishment, maintenance and operation of a non-profit home for the shelter of homeless persons on the property known as 2926 Harford Road, was approved on September 25, 1985.
• Ordinance #85-0513, changing the zoning for the properties known as 2926 Harford Road, from the B-1-2 and R-7 zoning districts to the R-8 zoning district, was approved on September 30, 1985.
• Ordinance #03-0594, permitting the establishment, maintenance, and operation of a non-profit home for the rehabilitation of non-bedridden alcoholics and for the care and custody of homeless persons on the property known as 2926 Harford Road, was approved on August 14, 2003.

CONFORMITY TO PLANS
This project is compatible with the Comprehensive Plan’s LIVE section, Goal 1: Build Human and Social Capital by Strengthening Neighborhoods, Objective 1: Expand Housing Choices for all Residents.

ANALYSIS
Project: The applicant wishes to establish an assisted living facility at 2926 Harford Road. This use requires the conditional use approval of the Mayor and City Council through an Ordinance. This building will have a maximum capacity of 40 residents. Staff recommends that the CCB #10-0654 be amended to reflect no more than 40 clients. Parking requirements for this use is 1 space per (5) beds and (1) per 6 employees. The parking requirement for the proposed facility is 9 spaces and 10 onsite spaces are provided. The play-lot behind the building will remain for use of guest’s children.

CCB #11-0654 also rescinds Ordinance #03-0594, which authorized a home for the rehabilitation of non-bedridden alcoholics and for the care and custody of homes persons at 2926 Harford Road.

Findings: As per §14-204, conditional use requires findings on considerations of standards prescribed by §14-205. Staff finds that:

1. The establishment of this assisted living facility at 2926 Harford Road, in terms of location, maintenance, and operation of the conditional use will not be detrimental to or endanger the public health, security, general welfare or morals. The operation of an assisted living facility will not create undue stress on community resources and is consistent with the City Master Plan in providing housing choices for all people.
2. That the proposed use is not in any way precluded by any other law.
3. The authorization of this conditional use is not contrary to the public interest.

The Coldstream Homestead Montebello Community Corporation, Incorporated, has been notified of this action.