April 7

1. ROLL CALL

2. APPROVAL OF MINUTES

3.MINOR AMENDMENT AND REVISED FINAL DESIGN APPROVAL/ GREENSPRING CENTER PUD – SKYVIEW TOWNHOMES (Fourteenth District)

4. FINAL DESIGN APPROVAL/GREEKTOWN REDEVELOPMENT PUD – PHASE I (Second District)

5.CITY COUNCIL BILL #11-0643/URBAN RENEWAL – COLDSTREAM HOMESTEAD MONTEBELLO – AMENDMENT (City Council President – Administration)
For the purpose of amending the Urban Renewal Plan for Coldstream Homestead Montebello to reauthorize the acquisition of properties within the Project Area and to correct and clarify certain language; 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. (Fourteenth District)

6. CITY COUNCIL BILL #11-0644/URBAN RENEWAL – DRUID HEIGHTS – AMENDMENT(City Council President – Administration)
For the purpose of amending the Urban Renewal Plan for Druid Heights to reauthorize the acquisition of properties within the Project Area and to correct and clarify certain language; 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. (Eleventh District)

7. CITY COUNCIL BILL #11-0645/URBAN RENEWAL – JOHNSTON SQUARE – AMENDMENT (City Council President – Administration)
For the purpose of amending the Urban Renewal Plan for Johnston Square to reauthorize the acquisition of properties within the Project Area and to correct and clarify certain language; 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. (Twelfth District)

8. CITY COUNCIL BILL #11-0646/URBAN RENEWAL – OLIVER – AMENDMENT (City Council President – Administration)
For the purpose of amending the Urban Renewal Plan for Oliver to reauthorize the acquisition of properties within the Project Area, to correct and clarify certain language, and to extend the life of the Plan; 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. (Twelfth District)

9. CITY COUNCIL BILL #11-0647/URBAN RENEWAL – PARK HEIGHTS – AMENDMENT(City Council President – Administration)
For the purpose of amending the Urban Renewal Plan for Park Heights to reauthorize the acquisition of properties within the Project Area and to correct and clarify certain language; 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. (Sixth & Seventh Districts)

10. CITY COUNCIL BILL #11-0648/URBAN RENEWAL – POPPLETON – AMENDMENT(City Council President – Administration)
For the purpose of amending the Urban Renewal Plan for Poppleton to reauthorize the acquisition of properties within the Project Area and to correct and clarify certain language; 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. (Ninth & Eleventh Districts)

11. CITY COUNCIL BILL #11-0649/URBAN RENEWAL – RESERVOIR HILL – AMENDMENT (City Council President – Administration)
For the purpose of amending the Urban Renewal Plan for Reservoir Hill to reauthorize the acquisition of properties within the Project Area, to correct and clarify certain language, and to extend the life of the Plan; 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. (Eleventh District)

12. CITY COUNCIL BILL #11-0652/URBAN RENEWAL – MIDDLE EAST – AMENDMENT(City Council President – Administration)
For the purpose of amending the Urban Renewal Plan for Middle East to reauthorize the acquisition of properties within the Project Area and to correct and clarify certain language; 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. (Twelfth District and Thirteenth Districts)

13. CITY COUNCIL BILL #11-0653/URBAN RENEWAL – BROADWAY EAST – AMENDMENT (City Council President – Administration)
For the purpose of amending the Urban Renewal Plan for Broadway East to reauthorize the acquisition of properties within the Project Area and to correct and clarify certain language; 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. (Twelfth District and Thirteenth Districts)

 

CONSENT AGENDA

 

14. MINOR SUBDIVISION FINAL PLANS/2933 BARTOL AVENUE AND 6203 BENHURST ROAD (Fifth District)

15. MINOR SUBDIVISION FINAL PLANS/6541 EASTERN AVENUE (First District)

16. MINOR SUBDIVISION FINAL PLANS/4201 HICKORY AVENUE – SKYVIEW (Fourteenth District)

17. MINOR SUBDIVISION FINAL PLANS/700-726 SOUTH ANN STREET (First District)

18. 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.

PC Summary

3. MINOR AMENDMENT AND REVISED FINAL DESIGN APPROVAL/ GREENSPRING CENTER PUD – SKYVIEW TOWNHOMES 
These actions are to revise a previously approved 43 unit townhouse development to the Planned Unit Development created at the former site of the Greenspring Dairy. The site of the proposed residential development a parcel that is located north of the existing retail portion of the PUD. Since the previous approval in 2006, there has been a change in both ownership of the site and the housing market. The new owner is seeking to produce larger townhome units, thereby reducing the total number of units overall from 43 previously approved to 40 units. The reduction in number and the slight shifting of the building massings that resulted require the minor amendment. There is also the inclusion of a pedestrian path along the west side of the townhouse development that will connect from the entrance drive at 43rd Street south to the corner of 42nd Street and Hickory Ave. The original development was envisioned with a contemporary architectural style. The new plan depicts a more traditional style of architecture with a mix of brick and vinyl siding on the front, side, and rear elevations. 

In advance of a hearing on this matter, staff notified the following groups: Hampden Community Services, Inc., Hampden Community Council-(HCC), Hoes' Heights Improvement Assn., Inc., Medfield Community Assn., Inc. and Roland Park Civic League, Inc.

Recommendation:

  • Minor Amendment: Approval
  • Revised Final Design Approval: Approval

4. FINAL DESIGN APPROVAL/GREEKTOWN REDEVELOPMENT PUD – PHASE I 
The current development proposal comprising Phase I entails new single-family townhouse development in the blocks bounded by Foster Street to the north, Fait Avenue to the south, Oldham Street to the east, and CSX right-of-way to the west. The proposal is for 121 fee-simple units, each featuring single-car garages accessed from rear alleys. The developer has already obtained the necessary PUD and subdivision approvals and has chosen a homebuilder. Planning Commission Final Design Approval is the final approval needed prior to the issuance of building permits.

In advance of a hearing on this matter, staff notified the following community groups: Greektown Community Development Corporation, Southeast Community Development Corporation, and Greektown Business Alliance, Inc.

Recommendation: Approval

5. CITY COUNCIL BILL #11-0643/URBAN RENEWAL – COLDSTREAM HOMESTEAD MONTEBELLO – AMENDMENT (City Council President – Administration)

Urban Renewal Plan Amendments – General Introduction

Background: Maryland Law Amendment: In July of 2007, an amendment to the Maryland Annotated Code, Real Estate, Title 12 was made that requires an action for condemnation to be filed within four years of an authorization for acquisition. If that cannot be accomplished, then the authorization must be renewed. Therefore, since four years have nearly elapsed since the date of the Maryland law change, an amendment to several Urban Renewal Plans (URPs) are necessary in order to reauthorize the each URP’s powers of acquisition and condemnation.

Technical Amendments and Notice: While these URPs are being amended, there are also technical amendments that are needed to align the text for each, to ensure better, more consistent, administration and operation of each plan. To that end, the Department of Housing and Community Development (HCD) has introduced a group of bills (Items 5-13 on this agenda) with the goal of adoption before the July acquisition authority expiration, to ensure that the City’s acquisition authority is seamless. The Planning Commission will also be asked to make a finding that the proposed amendments in each of these bills are technical corrections or minor modifications that would not substantially affect the Plan or the size, use, or disposition of any property subject to the Plan. If this is not possible, additional hearing and notice requirements will be necessary. Staff notified 72 community organizations of these actions.

For the purpose of amending the Urban Renewal Plan for Coldstream Homestead Montebello to reauthorize the acquisition of properties within the Project Area and to correct and clarify certain language; 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. (Fourteenth District)

The bill proposes three changes to this URP, and they are technical in nature. They are summarized as follows:

  • The text is clarified to specify that properties may be acquired BY PURCHASE OR BY CONDEMNATION. This change is necessary to clarify the specific means by which the City can acquire property under this authority.
  • The express reauthorization of the acquisition authority for the next four year period through December 31, 2014 is confirmed. This change does not materially affect the purposes of the URP, and is required to comply with the recent amendments to Maryland law.
  • A text addition in Appendix A clarifies how property acquired for redevelopment may be used. It also specifies that all rights and interest in various rights-of-way within the plan boundary are included with acquired properties. This technical amendment will prevent the City from needing to enact a separate and specific Ordinance to close each street, alley, or other right-of-way in each case. This amendment will streamline and simplify the process for closure of rights-of-way.

Recommendation: Approval.

6. CITY COUNCIL BILL #11-0644/URBAN RENEWAL – DRUID HEIGHTS – AMENDMENT(City Council President – Administration)
For the purpose of amending the Urban Renewal Plan for Druid Heights to reauthorize the acquisition of properties within the Project Area and to correct and clarify certain language; 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. (Eleventh District)

The bill proposes three changes to this URP, and they are technical in nature. They are summarized as follows:

  • The text is clarified to specify that properties may be acquired BY PURCHASE OR BY CONDEMNATION. This change is necessary to clarify the specific means by which the City can acquire property under this authority.
  • The express reauthorization of the acquisition authority for the next four year period through December 31, 2014 is confirmed. This change does not materially affect the purposes of the URP, and is required to comply with the recent amendments to Maryland law.
  • A text addition in Appendix A clarifies how property acquired for redevelopment may be used. It also specifies that all rights and interest in various rights-of-way within the plan boundary are included with acquired properties. This technical amendment will prevent the City from needing to enact a separate and specific Ordinance to close each street, alley, or other right-of-way in each case. This amendment will streamline and simplify the process for closure of rights-of-way.
  • In addition, Staff recommends that certain properties identified by HCD are removed from the lists of properties to be acquired, as outlined in the staff report.

Recommendation: Amendment and Approval.

7. CITY COUNCIL BILL #11-0645/URBAN RENEWAL – JOHNSTON SQUARE – AMENDMENT (City Council President – Administration)
For the purpose of amending the Urban Renewal Plan for Johnston Square to reauthorize the acquisition of properties within the Project Area and to correct and clarify certain language; 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. (Twelfth District)

The bill proposes four changes to this URP, and they are technical in nature. They are summarized as follows:

  • The text is clarified to specify that properties may be acquired BY PURCHASE OR BY CONDEMNATION. This change is necessary to clarify the specific means by which the City can acquire property under this authority.
  • The express reauthorization of the acquisition authority for the next four year period through December 31, 2014 is confirmed. This change does not materially affect the purposes of the URP, and is required to comply with the recent amendments to Maryland law.
  • Two text additions in Appendices A and B clarify how property that is acquired for redevelopment may be used. They also specify that all rights and interest in various rights-of-way within the plan boundary are included with acquired properties. This technical amendment will prevent the City from needing to enact a separate and specific Ordinance to close each street, alley, or other right-of-way in each case. This amendment will streamline and simplify the process for closure of rights-of-way. In the proposed amendment to Appendix B, certain text was inadvertently left out from of the bill (likely a simple cut and paste error). Staff recommends that this text is added to correct the error.
  • In addition, Staff recommends that 1016 North Eden Street, as identified by HCD, is removed from the lists of properties to be acquired, as outlined in the staff report.

Recommendation: Amendment and Approval

8. CITY COUNCIL BILL #11-0646/URBAN RENEWAL – OLIVER – AMENDMENT (City Council President – Administration)
For the purpose of amending the Urban Renewal Plan for Oliver to reauthorize the acquisition of properties within the Project Area, to correct and clarify certain language, and to extend the life of the Plan; 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. (Twelfth District)

The bill proposes five changes to this URP, and they are technical in nature. They are summarized as follows:

  • The text is clarified to specify that properties may be acquired BY PURCHASE OR BY CONDEMNATION. This change is necessary to clarify the specific means by which the City can acquire property under this authority.
  • The express reauthorization of the acquisition authority for the next four year period through December 31, 2014 is confirmed. This change does not materially affect the purposes of the URP, and is required to comply with the recent amendments to Maryland law.
  • In the Plan, paragraph D is amended to extend the life of the URP for an additional ten years. This is required so that the life of the URP does not expire prior to the end of the acquisition authority also approved through this bill, in this case, by adding an additional ten years to the life of the URP. However, since the acquisition authority needs to be re-approved every four years, staff believes it would make more sense to extend the life of the URP and align it with the reauthorization action. Staff proposes an amendment to extend the life of the URP to December 31, 2018 (an additional eight years) that aligns with acquisition authority re-approvals.
  • A text addition in Exhibit B clarifies how property acquired for redevelopment may be used. It also specifies that all rights and interest in various rights-of-way within the plan boundary are included with acquired properties. This technical amendment will prevent the City from needing to enact a separate and specific Ordinance to close each street, alley, or other right-of-way in each case. This amendment will streamline and simplify the process for closure of rights-of-way.
  • A text addition in Exhibit C clarifies that these acquisitions are all located within the area bounded by the property disposition map.
  • In addition, Staff recommends that certain properties identified by HCD are removed from the lists of properties to be acquired, as outlined in the staff report.

Recommendation: Amendment and Approval

9. CITY COUNCIL BILL #11-0647/URBAN RENEWAL – PARK HEIGHTS – AMENDMENT(City Council President – Administration)
For the purpose of amending the Urban Renewal Plan for Park Heights to reauthorize the acquisition of properties within the Project Area and to correct and clarify certain language; 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. (Sixth & Seventh Districts)

The bill proposes three changes to this URP, and they are technical in nature. They are summarized as follows:

  • The express reauthorization of the acquisition authority for the next four year period through December 31, 2014 is confirmed. This change does not materially affect the purposes of the URP, and is required to comply with the recent amendments to Maryland law.
  • Two text additions in Appendix A and B clarify how property acquired for redevelopment may be used. They also specify that all rights and interest in various rights-of-way within the plan boundary are included with acquired properties. This technical amendment will prevent the City from needing to enact a separate and specific Ordinance to close each street, alley, or other right-of-way in each case. This amendment will streamline and simplify the process for closure of rights-of-way.
  • In addition, Staff recommends that certain properties identified by HCD are removed from the lists of properties to be acquired, as marked in red strikeout in the attachments provided to staff by the Department of Housing and Community Development, as they are no longer needed for acquisition.

Recommendation: Amendment and Approval

10. CITY COUNCIL BILL #11-0648/URBAN RENEWAL – POPPLETON – AMENDMENT(City Council President – Administration)
For the purpose of amending the Urban Renewal Plan for Poppleton to reauthorize the acquisition of properties within the Project Area and to correct and clarify certain language; 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. (Ninth & Eleventh Districts)

The bill proposes four changes to this URP, and they are technical in nature. They are summarized as follows:

  • The text is clarified to specify that properties may be acquired BY PURCHASE OR BY CONDEMNATION. This change is necessary to clarify the specific means by which the City can acquire property under this authority.
  • The express reauthorization of the acquisition authority for the next four year period through December 31, 2014 is confirmed. This change does not materially affect the purposes of the URP, and is required to comply with the recent amendments to Maryland law.
  • Two text additions in Appendix A and B clarify how property acquired for redevelopment may be used. They also specify that all rights and interest in various rights-of-way within the plan boundary are included with acquired properties. This technical amendment will prevent the City from needing to enact a separate and specific Ordinance to close each street, alley, or other right-of-way in each case. This amendment will streamline and simplify the process for closure of rights-of-way.
  • In addition, Staff recommends that certain properties identified by HCD are removed from the lists of properties to be acquired, as outlined in the staff report.

Recommendation: Amendment and Approval

11. CITY COUNCIL BILL #11-0649/URBAN RENEWAL – RESERVOIR HILL – AMENDMENT (City Council President – Administration)
For the purpose of amending the Urban Renewal Plan for Reservoir Hill to reauthorize the acquisition of properties within the Project Area, to correct and clarify certain language, and to extend the life of the Plan; 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. (Eleventh District)

The bill proposes four changes to this URP, and they are technical in nature. They are summarized as follows:

  • The text is clarified to specify that properties may be acquired BY PURCHASE OR BY CONDEMNATION. This change is necessary to clarify the specific means by which the City can acquire property under this authority.
  • The express reauthorization of the acquisition authority for the next four year period through December 31, 2014 is confirmed. This change does not materially affect the purposes of the URP, and is required to comply with the recent amendments to Maryland law.
  • In the Plan, paragraph D is amended to extend the life of the URP for an additional ten years. This is required so that the life of the URP does not expire prior to the end of the acquisition authority also approved through this bill, in this case, by adding an additional ten years to the life of the URP. However, since the acquisition authority needs to be re-approved every four years, staff believes it would make more sense to extend the life of the URP and align it with the reauthorization action. Staff proposes an amendment to extend the life of the URP to December 31, 2018 (an additional eight years) that aligns with acquisition authority re-approvals.
  • Appendix B is amended to clarify how property acquired for redevelopment may be used. It also specifies that all rights and interest in various rights-of-way within the plan boundary are included with acquired properties. This technical amendment will prevent the City from needing to enact a separate and specific Ordinance to close each street, alley, or other right-of-way in each case. This amendment will streamline and simplify the process for closure of rights-of-way.
  • In addition, Staff recommends that certain properties identified by HCD are removed from the lists of properties to be acquired, as outlined in the staff report.

Recommendation: Amendment and Approval

12. CITY COUNCIL BILL #11-0652/URBAN RENEWAL – MIDDLE EAST – AMENDMENT(City Council President – Administration)
For the purpose of amending the Urban Renewal Plan for Middle East to reauthorize the acquisition of properties within the Project Area and to correct and clarify certain language; 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. (Twelfth District and Thirteenth Districts)

The bill proposes four changes to this URP, and they are technical in nature. They are summarized as follows:

  • The text is clarified to specify that properties may be acquired BY PURCHASE OR BY CONDEMNATION. This change is necessary to clarify the specific means by which the City can acquire property under this authority.
  • The express reauthorization of the acquisition authority for the next four year period through December 31, 2014 is confirmed. This change does not materially affect the purposes of the URP, and is required to comply with the recent amendments to Maryland law.
  • Three text additions in Exhibits A, C and D clarify that these acquisitions are all located within the area bounded by the property disposition map.
  • In addition, Staff recommends that certain properties identified by HCD are removed from the lists of properties to be acquired, as marked in red strikeout in the attachments provided to staff by the Department of Housing and Community Development, as they are no longer needed for acquisition.

Recommendation: Amendment and Approval

13. CITY COUNCIL BILL #11-0653/URBAN RENEWAL – BROADWAY EAST – AMENDMENT (City Council President – Administration)
For the purpose of amending the Urban Renewal Plan for Broadway East to reauthorize the acquisition of properties within the Project Area and to correct and clarify certain language; 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. (Twelfth District and Thirteenth Districts)

The bill proposes three changes to this URP, and they are technical in nature. They are summarized as follows:

  • The text is clarified to specify that properties may be acquired BY PURCHASE OR BY CONDEMNATION. This change is necessary to clarify the specific means by which the City can acquire property under this authority.
  • The express reauthorization of the acquisition authority for the next four year period through December 31, 2014 is confirmed. This change does not materially affect the purposes of the URP, and is required to comply with the recent amendments to Maryland law.
  • A text addition in Appendix A clarifies that these acquisitions are all located within the area bounded by the property disposition map.
  • In addition, Staff recommends that certain properties identified by HCD are removed from the lists of properties to be acquired, as marked in red strikeout in the attachments provided to staff by the Department of Housing and Community Development, as they are no longer needed for acquisition. Staff further recommends that 2000 East Preston Street is also removed from the list of properties to be acquired, as it is also no longer needed for acquisition.

Recommendation: Amendment and Approval

CONSENT AGENDA


14. MINOR SUBDIVISION FINAL PLANS/2933 BARTOL AVENUE AND 6203 BENHURST ROAD 
The properties known as 2933 Bartol Avenue and 6203 Benhurst Road (Lots 55C and 55D/62 of Block 4324) are being consolidated and re-subdivided into three lots for the development of three new single family home. The site is zoned R-1 and is 2,724 square feet in size.

The Cheswolde Community Association and the adjacent property owners were notified about the Minor Final Subdivision Plans for 2933 Bartol Avenue and 6203 Benhurst Road.

Recommendation: Approval

15. MINOR SUBDIVISION FINAL PLANS/6541 EASTERN AVENUE 
The property known as 6541 Eastern Avenue (Lot 005 of Block 6703) is being subdivided into two lots for dispositional purposes, Lot 5 (1.8 acres) and Lot 5A (4.5acres). There is a convenience store under construction on Lot 5. The site is zoned M-2-1 and is 6.4 acres in size.

The Bayview Community Association and the adjacent property owners were notified about the Minor Final Subdivision Plans for 6541 Eastern Avenue.

Recommendation: Approval

16. MINOR SUBDIVISION FINAL PLANS/4201 HICKORY AVENUE – SKYVIEW 
This site was previously approved for 43 townhouse units (Planning Commission Final Subdivision and Development Plan Approval August 10, 2006). This is a revision to that plan, reducing the overall unit count to 40 townhouses. A Minor Amendment and a Revised Final Design Approval has been submitted for companion approval. This site is part of a PUD approved by Ordinance 90-609 and amended Ordinance 05-0309. The site is zoned M-1-1 and R-6 and is 3.087 acres in size.

The Hoes Heights, Medfield and Heathbrood Community Associations and the adjacent property owners were notified about the Minor Final Subdivision Plans for 4201 Hickory Avenue – Skyview.

Recommendation: Approval

17. MINOR SUBDIVISION FINAL PLANS/700-726 SOUTH ANN STREET 
The property known as 700-726 South Ann Street (Lot 13/19 of Block 1845) was previously approved for 22 lots to construct 20 townhouse units (Planning Commission Final Subdivision and Development Plan Approval September 2, 2010). This is a revision to that plan, reducing the overall unit count to 19 townhouses. The existing historic house, the Four Bay House, the existing school, New Century School, and the existing vacant church to be re-used in the future will remain on the site. The current plan has been revised to eliminate one unit, one lot and the elimination of the public alley. The site is zoned B-2-2 and is 1.3 acres in size.

The adjacent property owners were notified about the Minor Final Subdivision Plans 700-726 Ann Street.

Recommendation: Approval

18. CIP TRANSFERS
 

REQUEST: Minor Amendment And Revised Final Design Approval/ Greenspring Center PUD – Skyview Townhomes

RECOMMENDATION: Approval

STAFF: Anthony Cataldo

PETITIONER(S): K. Hovnanian Homes

OWNER: Same

SITE/GENERAL AREA
Site Conditions: The site for the proposed residential development is roughly three acres in area. The parcel is generally wooded in character with a steep hill rising from an elevation of 295 feet at the base of the hill behind the west side of the grocery store to 360 feet at the far northeastern corner of the site. The site is zoned M-1-1 and R-6. This entire area has been designated as residential development in the PUD.

General Area: The site is located in the Hoes Heights neighborhood in North Baltimore. Other nearby neighborhoods include Medfield, Roland Park, and Hampden. The area near the development site is generally a combination of rowhouses, garden apartment buildings and narrow detached single family dwellings combined with some small corner retail uses. South of the development site and also in the PUD area is the Greenspring Tower shopping center, which is entered from 41st Street. Other auto-oriented commercial uses can be found on the 41st Street corridor near the PUD area.

HISTORY

  • Ordinance #609, approved July 3, 1990 approved the establishment of a Planned Unit Development on the former site of the Greenspring Dairy.
  • On January 10, 1991, the Planning Commission gave final design approval to the Greenspring Tower Shopping Center
  • On November 11, 1993, the Planning Commission approved the signage for the Greenspring Tower Shopping Center
  • On February 24, 2005, Planning Commission approved a minor amendment to the 1020/1040 West 41st Street PUD and gave Final Design Approval to the expansion of the Superfresh grocery store at the shopping center in the PUD.
  • On March 9, 2006, Planning Commission approved City Council Bill 05-0309 which added a new parcel and 43 townhouses to the PUD development plan.
  • Ordinance 06-295, signed July 28, 2006, amended an renamed the 1020/1040 West 41st Street and 4201 Hickory Avenue Planned Unit Development, adding a parcel and authorizing a residential use.
  • On August 10, 2006, Planning Commission approved the Final Subdivision and Development Plan for the 43 Skyview Townhomes at 4201 Hickory Avenue.

CONFORMITY TO PLANS
This project is consistent with the Baltimore City Comprehensive Master Plan: LIVE Section, Goal 1, Objective 1: Expand Housing Choice for all Residents, Goal 1, Objective 5: Increase the City’s Population by 10,000 Households in 6 years.

ANALYSIS
These actions are to revise a previously approved 43 unit townhouse development to the Planned Unit Development created at the former site of the Greenspring Dairy. The site of the proposed residential development a parcel that is located north of the existing retail portion of the PUD. This site is zoned M-1-1 but has been previously designated as residential in the legislation that established the PUD and is approximately 3.087 acres.

The entrance to the proposed residential development would be from the intersection of 43rd Street and Hickory Avenue. The townhouses would be accessed from a single private street with a landscaped median that would serve as a central green space. A second emergency-only access point would be located at the east side of the development near 42nd street. Fencing will surround the site on the on all but the south elevation, which is steep and highly wooded.

There have been a few minor changes to building arrangements within the residential development and because the subject property is within a PUD, the Planning Commission must first approve the minor amendments and then the final design for the new buildings. The applicant has submitted to the Planning Commission for consideration the updated development plan, landscape plan, and building elevation drawings for the project. These plans make up the formal submittal to the Planning Commission for consideration of the Minor Amendment and Final Design Approval. These actions address the land uses, site plan, landscaping and architecture of the proposed residential section of the Planned Unit Development. A Minor Subdivision Final Plans action which adjusts the existing lot lines to conform with the wider and fewer units will be considered at a future Planning Commission meeting. Planning staff has already begun working closely with the applicant on this future action. The following is staff’s review of the applicant’s submittal.

Minor Amendment 
Since the previous approval in 2006, there has been a change in both ownership of the site and the housing market. The new owner is seeking to produce larger townhome units, thereby reducing the total number of units overall from 43 previously approved to 40 units. The reduction in number and the slight shifting of the building massings that resulted require the minor amendment. There is also the removal of surface parking spaces at the entrance and the inclusion of a pedestrian path along the west side of the townhouse development that will connect from the entrance drive at 43rd Street south to the corner of 42nd Street and Hickory Ave.

Site Plan
The updated site plan received approval from the Site Plan Review Committee on January 5, 2011. The layout for the residential development includes two parking spaces for each unit, including one in a garage and one in the driveway in front of each unit. Additionally several visitor spaces will be supplied near the central green space and in on-street spaces. The site will have sidewalks both in the townhouse area and along the private street leading towards the entrance.

Building Elevations
The original development was envisioned with a contemporary architectural style. The new plan depicts a more traditional style of architecture with a mix of brick and vinyl siding on the front, side, and rear elevations. The 40 units are three levels and proposed to be appx. 35 feet in height and step with the grade. Multiple colors of brick will be available and will assist in creating a more dynamic elevation along the street. Homeowners will have options of windows, bays, and materials when purchasing homes within the development area. All of the units will have a one car garage and will be entered at the grade level. The development plan also allows for rear additions and decks as outlined in specific locations on the development plan. The architectural elevations and materials for this project have been reviewed and approved by Department of Planning architectural Staff.

Forest Conservation/ Landscape Plan
The approved forest conservation easement is not proposed to be altered and only minor adjustments are anticipated in the planting plan. Due to the site’s steep slopes and wooded character, the number of units the site could yield was further reduced. As a result, the site will be developed only in the more level areas of the parcel with a large portion of the site being designated as forest conservation area.

The landscape plan shows the conservation easement along the south and west side of the site. There is a heavy landscaped edge along the north and east side of the site to buffer the development from the alleys of the adjacent residential areas. The proposed Skyview Drive contains street trees with smaller ornamental trees and shrubs along the sidewalks and driveways of the individual townhomes. An ornamental metal picket fence is located along the northern edge of the project with a black, vinyl chain link fence surrounding the rest of the site. The yards of the individual units will be divided six-foot privacy fence. An amended forest area is designated on the southern slope where the development team will provide invasive species removal and enhance the existing plants with additional native trees and shrubs.

Sustainability: The townhouse development strives to be environmentally friendly and designed for durability and long term performance with reduced maintenance. This is accomplished with the use of maintenance free materials, the reduction of paved areas to increase pervious surface, and the retention/enhancement of existing forested areas.

In advance of a hearing on this matter, staff notified the following groups: Hampden Community Services, Inc., Hampden Community Council-(HCC), Hoes' Heights Improvement Assn., Inc., Medfield Community Assn., Inc. and Roland Park Civic League, Inc.

REQUEST: Final Design Approval/Greektown Redevelopment PUD – Phase I

RECOMMENDATION: Approval

STAFF: Natasha Becker

PETITIONER(S): Greektown, LLC

OWNERS: Same

SITE/GENERAL AREA
Site Conditions: The Greektown PUD consists of a number of different properties and existing structures. Those properties on Fait and Foster Avenues consist of a truck repair operation, a truck staging area, and a series of vacant metal and brick industrial shed buildings in various states of disrepair. The O’Donnell Street properties are paved for parking. The Oldham Street property is the location of a trucking operation and is improved with a multi-story brick building.

General Area: The greater Greektown area is bound approximately by Lombard Street to the north, O’Donnell Street to the south, Haven Street to the west, and Ponca Street to the east. All four major zoning categories exist within this area. Residential housing stock consists of two- and three-story single-family town homes, and there is also a thriving commercial corridor on Eastern Avenue. This is dominated by restaurants, authentic Greek coffee houses, bakeries, and a variety of small businesses. The shops of Highlandtown are within walking distance as well. The community also includes Johns Hopkins Bayview Medical Center, in addition to several industrial parks. It is served by four bus lines, two active railroads, I-95, the Harbor Tunnel, and Fort McHenry Tunnel, as well as major city thoroughfares.

CONFORMITY TO PLANS
The current request is consistent with the Baltimore City Comprehensive Master Plan, specifically LIVE Goal 1, Objective 5: Increase the City’s population by 10,000 households in six years.

HISTORY

  • Ordinance #06-192, approved March 6, 2006, established the Greektown Redevelopment Residential Planned Unit Development.
  • On October 4, 2007, the Planning Commission approved a Minor Amendment to the Greektown PUD, Final Subdivision and Development Plans for the Phase I residential area, and associated street closings. The subdivision was never recorded, and the street closings never proceeded through the necessary legislative process. As such, those past actions are no longer valid.
  • On July 8, 2010, the Planning Commission approved a Minor Amendment to the Greektown PUD and new Final Subdivision and Development Plans for the Phase I residential area.

ANALYSIS
The current development proposal comprising Phase I entails new single-family townhouse development in the blocks bounded by Foster Street to the north, Fait Avenue to the south, Oldham Street to the east, and CSX right-of-way to the west. The proposal is for 121 fee-simple units, each featuring single-car garages accessed from rear alleys. The developer has already obtained the necessary PUD and subdivision approvals and has chosen a homebuilder. Planning Commission Final Design Approval is the final approval needed prior to the issuance of building permits.

In its review of the current request, staff considered the following items:

  • Site Plan: Within the Phase I area, the PUD originally showed a multi-family apartment building and a series of stacked two-over-two townhomes. These would essentially be 4-story multi-family condominiums, with two units on each lot, and two stories per unit. Since then, the developer has determined that there is not sufficient market demand to develop the site at such high densities and has eliminated the multi-family building from plans, converting that area instead to single-family townhomes. Similarly, the two-over-two stacked condo units have been converted to single-family townhomes. Lastly, the layout has been modified from a north-south orientation to a predominantly east-west one, in order to better handle challenging grade issues. The 121 new residential units will all be either 16’ or 16.5’ wide, with single-car garages and rear alley access. 58 of the units will be arranged around either of two private green space mews – essentially shared front lawns. The mews and alleys will be maintained by a private Homeowners’ Association, along with two north-south pedestrian connections intended to link up with green space proposed in the future phase of development. The project was reviewed and approved by the Site Plan Review Committee on March 17, 2010.
  • Architecture: The homes will feature brick fronts, gable roofs, and six-over-six pane windows, with bays on the second floor. Most will feature at-grade front doors, but a number will feature a stoop and stairs to address grade issues. The project was approved by the Urban Design and Architectural Review Panel on March 10, 2011.
  • Landscaping: Landscaping for Phase I shows the number and spacing of plantings and the types of soil panels called for. In addition, an updated species list has been agreed upon and incorporated into the plans.
  • TIS/Mitigation: A traffic impact analysis was submitted in conjunction with the initial PUD approval for this project and was reviewed by the Department of Transportation. At that time, a left turn lane was suggested for eastbound O’Donnell at Oldham Street in order to achieve an acceptable level of service. Given that the current proposal represents a reduction in density, and therefore vehicular traffic, it is unclear whether the same mitigation measures are required. If they are, the Zoning Code is clear on the fact that a mitigation agreement must be in place prior to the issuance of building permits. The developer has been instructed to work with the Department of Transportation to achieve resolution on this.
  • Sustainability: The applicant has been informed of the City’s Green Building requirements – both LEED Silver Certification (or the City equivalent) and new Stormwater regulations.

In advance of a hearing on this matter, staff notified the following community groups: Greektown Community Development Corporation, Southeast Community Development Corporation, and Greektown Business Alliance, Inc.

REQUEST: City Council Bill #11-0643 / Urban Renewal – Coldstream Homestead Montebello – Amendment #9:

For the purpose of amending the Urban Renewal Plan for Coldstream Homestead Montebello to reauthorize the acquisition of properties within the Project Area and to correct and clarify certain language; 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.

RECOMMENDATION: Approval.

STAFF: Eric Tiso

PETITIONER(S): The Administration (Department of Housing and Community Development)

HISTORY

  • The Coldstream Homestead Montebello Urban Renewal Plan (URP) was established by Ordinance No. 289, dated February 28, 1977.
  • The latest amendment was Amendment No. 8, dated February 12, 2007, approved by the Mayor and City Council of Baltimore by Ordinance No. 07-571, dated November 27, 2007.

CONFORMITY TO PLANS
This action is compatible with the City’s Comprehensive Master Plan, LIVE section, Goal 1: Build Human and Social Capital by Strengthening Neighborhoods, Objective 2: Strategically Redevelop Vacant Properties Throughout the City.

ANALYSIS
Maryland Law Amendment: In July of 2007, an amendment to the Maryland Annotated Code, Real Estate, Title 12 was made that requires an action for condemnation to be filed within four years of an authorization for acquisition. If that cannot be accomplished, then the authorization must be renewed:

§ 12-105.1. Condemnation action to acquire private property.
(a) Time limitation.- Notwithstanding any other provision of law, the State or any of its instrumentalities or political subdivisions shall file an action to acquire private property for public use by condemnation within 4 years of the date of the specific administrative or legislative authorization to acquire the property.
(b) New authorization.- If an action for condemnation is not filed within 4 years of the date described in subsection (a) of this section, the State or any of its instrumentalities or political subdivisions may not proceed with condemnation until it first obtains a new authorization to acquire the property. [2007, ch. 305]

Therefore, since four years have nearly elapsed since the date of the Maryland law change, an amendment to several Urban Renewal Plans (URPs) are necessary in order to reauthorize the each URP’s powers of acquisition and condemnation. With each reauthorization, those actions may legally continue beyond July 2011. The basic effect is that all of our Urban Renewal Plans that have designated properties for acquisition and disposition that have not yet been acted upon now need to be expressly confirmed and reauthorized for an additional four year period. Each URP will then require reauthorization every four years thereafter, for the life of the URP. While these URPs are being amended, there are also technical amendments that are needed to align the text for each, to ensure better, more consistent, administration and operation of each plan. To that end, the Department of Housing and Community Development (HCD) has introduced a group of bills with the goal of adoption before the July acquisition authority expiration, to ensure that the City’s acquisition authority is seamless. The group includes the following bills:

  • CCB #11-0643 - Urban Renewal - Coldstream Homestead Montebello (CHM)
  • CCB #11-0644 - Urban Renewal - Druid Heights
  • CCB #11-0645 - Urban Renewal - Johnston Square
  • CCB #11-0646 - Urban Renewal - Oliver
  • CCB #11-0647 - Urban Renewal - Park Heights
  • CCB #11-0648 - Urban Renewal - Poppleton
  • CCB #11-0649 - Urban Renewal - Reservoir Hill
  • CCB #11-0652 - Urban Renewal - Middle East
  • CCB #11-0653 - Urban Renewal - Broadway East
    Effects of the Bill: The three changes proposed to this URP are technical in nature. They are summarized as follows:
  • In Section C. Techniques Used To Achieve Plan Objectives, in the first paragraph, under for first paragraph 1. Acquisition, under the text is clarified to specify that properties may be acquired BY PURCHASE OR BY CONDEMNATION. This change is necessary to clarify the specific means by which the City can acquire property under this authority.
  • In the same section, a new C.1.c is added to read: “C. THE AUTHORITY TO ACQUIRE THE PROPERTIES WITHIN THE PROJECT AREA IS EXPRESSLY CONFIRMED AND REAUTHORIZED THROUGH AND INCLUDING DECEMBER 31, 2014.” This is the express reauthorization of the acquisition authority for the next four year period. This does not materially affect the purposes of the URP, and is required to comply with the requirements of the State of Maryland under the Maryland Annotated Code, as outlined above.
  • After the title of Appendix A, and under the title “Properties for Acquisition & Disposition for Redevelopment” a new paragraph is added to read: “IN ADDITION TO THOSE GROUPS OF PROPERTIES TO BE ACQUIRED AND DISPOSED OF FOR RESIDENTIAL REHABILITATION, THE FOLLOWING PROPERTIES ARE ALSO BEING ACQUIRED AND DISPOSED OF FOR REDEVELOPMENT. CERTAIN PROPERTIES LISTED BELOW MAY BE USED IN WHOLE OR IN PART, AS REAR OR SIDE YARD SPACE FOR ADJACENT PROPERTY. THE ACQUISITION PROPERTIES ADJACENT TO OR ABUTTING STREETS AND ALLEYS BEING CLOSED WILL ALSO INCLUDE ALL RIGHTS, TITLE AND INTEREST, OR ANY PRIVATE RIGHTS OF USE IN AND TO THE ADJACENT STREETS, RIGHTS-OF-WAY, OR ALLEYS AS SHOWN LYING WITHIN THE PERIMETER OF THE LAND DISPOSITION MAP.” This addition clarifies how property acquired for redevelopment may be used. It also specifies that all rights and interest in various rights-of-way within the plan boundary are included with acquired properties.

Community Notice: Article 13, Housing and Urban Renewal, is the section of the City Code that outlines the processes for establishment of and amendments to URPs. For new URPs, or major changes, § 2-6(d) outlines the notice procedures, and include postings within the neighborhood, and two newspaper notices (one per week for two weeks) prior to the first public hearing.

For amendments to URPs, under § 2-6(g)(3) the amending bills are required to go through the same procedure as for adoption, that is, a City Council ordinance process. However, “If the Planning Commission determines that the proposed amendment is a technical correction or a minor modification that would not substantially affect the Plan or the size, use, or disposition of any property subject to the Plan, the proposed amendment need not be posted or advertised as otherwise required by subsection (d) of this section.”

Minor Modification: Several technical amendments are proposed in order to conform language across several URPs. These changes will make administration of the plans simpler, and more consistent across the City. In addition, technical amendments are required in some cases to clarify the purpose and intent of certain portions of the text that were not as clearly written in some of the plans, compared to others. These technical amendments will improve the text, and avoid potential future legal challenges based on these minor flaws.


Staff recommends that the Planning Commission make and adopt the following finding:

  • That the amendments to the URP as proposed in this bill are technical in nature, and they do not substantially affect the Plan, its size, or the use or disposition of any property subject to the Plan.

Staff Notification: Staff notified 72 community organizations of today’s hearing.

REQUEST: City Council Bill #11-0644 / Urban Renewal – Druid Heights – Amendment #6:

For the purpose of amending the Urban Renewal Plan for Druid Heights to reauthorize the acquisition of properties within the Project Area and to correct and clarify certain language; 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.

RECOMMENDATION: Amendment and Approval, with the following amendment:

  • That in Appendix A, under the property list titled “Properties for Acquisition and Disposition for Rehabilitation,” the following properties are deleted from the list:

o 578 Baker Street;
o 589 Baker Street;
o 593 Baker Street;
o 2307 Division Street; and
o 1924 McCulloh Street.

STAFF: Eric Tiso

PETITIONER(S): The Administration (Department of Housing and Community Development)

HISTORY
• The Druid Heights Urban Renewal Plan (URP) was established by Ord. #77-376, dated June 27, 1977.
• The latest amendment was Amendment #9, approved by the Mayor and City Council of Baltimore, dated June 21, 2010.

CONFORMITY TO PLANS
This action is compatible with the City’s Comprehensive Master Plan, LIVE section, Goal 1: Build Human and Social Capital by Strengthening Neighborhoods, Objective 2: Strategically Redevelop Vacant Properties Throughout the City.


ANALYSIS
Maryland Law Amendment: In July of 2007, an amendment to the Maryland Annotated Code, Real Estate, Title 12 was made that requires an action for condemnation to be filed within four years of an authorization for acquisition. If that cannot be accomplished, then the authorization must be renewed:

§ 12-105.1. Condemnation action to acquire private property.
(a) Time limitation.- Notwithstanding any other provision of law, the State or any of its instrumentalities or political subdivisions shall file an action to acquire private property for public use by condemnation within 4 years of the date of the specific administrative or legislative authorization to acquire the property.
(b) New authorization.- If an action for condemnation is not filed within 4 years of the date described in subsection (a) of this section, the State or any of its instrumentalities or political subdivisions may not proceed with condemnation until it first obtains a new authorization to acquire the property. [2007, ch. 305]

Therefore, since four years have nearly elapsed since the date of the Maryland law change, an amendment to several Urban Renewal Plans (URPs) are necessary in order to reauthorize the each URP’s powers of acquisition and condemnation. With each reauthorization, those actions may legally continue beyond July 2011. The basic effect is that all of our Urban Renewal Plans that have designated properties for acquisition and disposition that have not yet been acted upon now need to be expressly confirmed and reauthorized for an additional four year period. Each URP will then require reauthorization every four years thereafter, for the life of the URP. While these URPs are being amended, there are also technical amendments that are needed to align the text for each, to ensure better, more consistent, administration and operation of each plan. To that end, the Department of Housing and Community Development (HCD) has introduced a group of bills with the goal of adoption before the July acquisition authority expiration, to ensure that the City’s acquisition authority is seamless. The group includes the following bills:

  • CCB #11-0643 - Urban Renewal - Coldstream Homestead Montebello (aka CHM)
  • CCB #11-0644 - Urban Renewal - Druid Heights
  • CCB #11-0645 - Urban Renewal - Johnston Square
  • CCB #11-0646 - Urban Renewal - Oliver
  • CCB #11-0647 - Urban Renewal - Park Heights
  • CCB #11-0648 - Urban Renewal - Poppleton
  • CCB #11-0649 - Urban Renewal - Reservoir Hill
  • CCB #11-0652 - Urban Renewal - Middle East
  • CCB #11-0653 - Urban Renewal - Broadway East

    Effects of the Bill: The three changes proposed to this URP are technical in nature. They are summarized as follows:
  • In Section C. Techniques Used To Achieve Plan Objectives, in the first paragraph, under Acquisition, under a. Purpose for Acquiring Properties Within the Project Area the text is clarified to specify that properties may be acquired BY PURCHASE OR BY CONDEMNATION. This change is necessary to clarify the specific means by which the City can acquire property under this authority.
  • In the same section, a new C.1.d is added to read: “D. THE AUTHORITY TO ACQUIRE THE PROPERTIES WITHIN THE PROJECT AREA IS EXPRESSLY CONFIRMED AND REAUTHORIZED THROUGH AND INCLUDING DECEMBER 31, 2014.” This is the express reauthorization of the acquisition authority for the next four year period. This does not materially affect the purposes of the URP, and is required to comply with the requirements of the State of Maryland under the Maryland Annotated Code, as outlined above.
  • After the title of Appendix A, and under the title “Properties for Acquisition & Disposition for Redevelopment” the paragraph is amended to read: “The following properties are being acquired and disposed of for rehabilitation. IN ADDITION TO THOSE GROUPS OF PROPERTIES TO BE ACQUIRED AND DISPOSED OF FOR REDEVELOPMENT, THE FOLLOWING PROPERTIES ARE ALSO BEING ACQUIRED AND DISPOSED OF FOR REHABILITATION OR REDEVELOPMENT. Certain properties listed below may be used, in whole or in part, as rear or side yard space for adjacent property. THE ACQUISITION PROPERTIES ADJACENT TO OR ABUTTING STREETS AND ALLEYS BEING CLOSED WILL ALSO INCLUDE ALL RIGHTS, TITLE AND INTEREST, OR ANY PRIVATE RIGHTS OF USE IN AND TO THE ADJACENT STREETS, RIGHTS-OF-WAY, OR ALLEYS AS SHOWN LYING WITHIN THE PERIMETER OF THE LAND DISPOSITION MAP.” This addition clarifies how property acquired for redevelopment may be used. It also specifies that all rights and interest in various rights-of-way within the plan boundary are included with acquired properties.

Community Notice: Article 13, Housing and Urban Renewal, is the section of the City Code that outlines the processes for establishment of and amendments to URPs. For new URPs, or major changes, § 2-6(d) outlines the notice procedures, and include postings within the neighborhood, and two newspaper notices (one per week for two weeks) prior to the first public hearing.

For amendments to URPs, under § 2-6(g)(3) the amending bills are required to go through the same procedure as for adoption, that is, a City Council ordinance process. However, “If the Planning Commission determines that the proposed amendment is a technical correction or a minor modification that would not substantially affect the Plan or the size, use, or disposition

of any property subject to the Plan, the proposed amendment need not be posted or advertised as otherwise required by subsection (d) of this section.”

Minor Modification: Several technical amendments are proposed in order to conform language across several URPs. These changes will make administration of the plans simpler, and more consistent across the City. In addition, technical amendments are required in some cases to clarify the purpose and intent of certain portions of the text that were not as clearly written in some of the plans, compared to others. These technical amendments will improve the text, and avoid potential future legal challenges based on these minor flaws.

Staff recommends that the Planning Commission make and adopt the following finding:

  • That the amendments to the URP as proposed in this bill are technical in nature, and they do not substantially affect the Plan, its size, or the use or disposition of any property subject to the Plan.

Staff Notification: Staff notified 72 community organizations of today’s hearing.

REQUEST: City Council Bill #11-0645 / Urban Renewal – Johnston Square – Amendment #10:

For the purpose of amending the Urban Renewal Plan for Johnston Square to reauthorize the acquisition of properties within the Project Area and to correct and clarify certain language; 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.

RECOMMENDATION: Amendment and Approval, with the following amendments:

  • That in the Plan, the first paragraph of Appendix A, under the heading of “Properties for Acquisition and Disposition for Rehabilitation,” is amended to add the following underlined text, to read as follows: “In addition to those groups of properties to be acquired and disposed of for rehabilitation (designated with disposition lot numbers on Exhibit 3), the following properties are being acquired and disposed of for rehabilitation. Certain properties listed below may be used, in whole or in part, as rear or side yard space for adjacent property, AS SHOWN LYING WITHIN THE PERIMETER OF THE PROPERTY DISPOSITION MAP. The acquisition properties adjacent to or abutting streets and alleys being closed will also include all rights, title and interest, or any private rights of use in and to the adjacent streets, rights-of-way, or alleys as shown lying within the perimeter of the land disposition map.”
  • That in the Plan, the first paragraph of Appendix B, under the heading of “Properties for Acquisition and Disposition for Rehabilitation,” is amended to add the following underlined text, to read as follows: “In addition to those groups of properties to be acquired and disposed of for redevelopment (designated with Disposition Lot numbers on Exhibit 3, in Appendix A and in Appendix C), the following properties are also being acquired and disposed of for rehabilitation or redevelopment. Certain properties listed below may be used in whole or in part, as rear or side yard space for adjacent property, AS SHOWN LYING WITHIN THE PERIMETER OF THE PROPERTY DISPOSITION MAP. The acquisition properties adjacent to or abutting streets and alleys being closed will also include all rights, title and interest, or any private rights of use in and to the adjacent streets, rights-of-way, or alleys as shown lying within the perimeter of the land disposition map.”
  • That in Appendix B, under the property list titled “Properties for Acquisition and Disposition for Rehabilitation,” the following property is deleted from the list:
    o 1016 North Eden Street

STAFF: Eric Tiso

PETITIONER(S): The Administration (Department of Housing and Community Development)

HISTORY

  • The Johnston Square Urban Renewal Plan (URP) was established by Ord. #77-357, dated June 28, 1977.
  • Amendment No. 9, dated December 5th, 2002, approved by the Mayor and City Council of Baltimore by Ord. #02-456, dated December 19, 2002.

CONFORMITY TO PLANS
This action is compatible with the City’s Comprehensive Master Plan, LIVE section, Goal 1: Build Human and Social Capital by Strengthening Neighborhoods, Objective 2: Strategically Redevelop Vacant Properties Throughout the City.

ANALYSIS
Maryland Law Amendment: In July of 2007, an amendment to the Maryland Annotated Code, Real Estate, Title 12 was made that requires an action for condemnation to be filed within four years of an authorization for acquisition. If that cannot be accomplished, then the authorization must be renewed:

§ 12-105.1. Condemnation action to acquire private property.
(a) Time limitation.- Notwithstanding any other provision of law, the State or any of its instrumentalities or political subdivisions shall file an action to acquire private property for public use by condemnation within 4 years of the date of the specific administrative or legislative authorization to acquire the property.
(b) New authorization.- If an action for condemnation is not filed within 4 years of the date described in subsection (a) of this section, the State or any of its instrumentalities or political subdivisions may not proceed with condemnation until it first obtains a new authorization to acquire the property. [2007, ch. 305]

Therefore, since four years have nearly elapsed since the date of the Maryland law change, an amendment to several Urban Renewal Plans (URPs) are necessary in order to reauthorize the each URP’s powers of acquisition and condemnation. With each reauthorization, those actions may legally continue beyond July 2011. The basic effect is that all of our Urban Renewal Plans that have designated properties for acquisition and disposition that have not yet been acted upon now need to be expressly confirmed and reauthorized for an additional four year period. Each URP will then require reauthorization every four years thereafter, for the life of the URP. While these URPs are being amended, there are also technical amendments that are needed to align the text for each, to ensure better, more consistent, administration and operation of each plan. To that end, the Department of Housing and Community Development (HCD) has introduced a group of bills with the goal of adoption before the July acquisition authority expiration, to ensure that the City’s acquisition authority is seamless. The group includes the following bills:

  • CCB #11-0643 - Urban Renewal - Coldstream Homestead Montebello (aka CHM)
  • CCB #11-0644 - Urban Renewal - Druid Heights
  • CCB #11-0645 - Urban Renewal - Johnston Square
  • CCB #11-0646 - Urban Renewal - Oliver
  • CCB #11-0647 - Urban Renewal - Park Heights
  • CCB #11-0648 - Urban Renewal - Poppleton
  • CCB #11-0649 - Urban Renewal - Reservoir Hill
  • CCB #11-0652 - Urban Renewal - Middle East
  • CCB #11-0653 - Urban Renewal - Broadway East
    Effects of the Bill: The four changes proposed to this URP are technical in nature. They are summarized as follows:
  • In Section C. Techniques Used To Achieve Plan Objectives, in the first paragraph, under Acquisition, the text is clarified to specify that properties may be acquired BY PURCHASE OR BY CONDEMNATION. This change is necessary to clarify the specific means by which the City can acquire property under this authority.
  • In the same section, a new C.1.c is added to read: “C. THE AUTHORITY TO ACQUIRE THE PROPERTIES WITHIN THE PROJECT AREA IS EXPRESSLY CONFIRMED AND REAUTHORIZED THROUGH AND INCLUDING DECEMBER 31, 2014.” This is the express reauthorization of the acquisition authority for the next four year period. This does not materially affect the purposes of the URP, and is required to comply with the requirements of the State of Maryland under the Maryland Annotated Code, as outlined above.
  • In the Plan, the first paragraph of Appendix A, under the heading of “Properties for Acquisition and Disposition for Rehabilitation,” is amended to read as follows: “In addition to those groups of properties to be acquired and disposed of for rehabilitation (designated with disposition lot numbers on Exhibit 3), the following properties are being acquired and disposed of for rehabilitation. Certain properties listed below may be used, in whole or in part, as rear or side yard space for adjacent property, AS SHOWN LYING WITHIN THE PERIMETER OF THE PROPERTY DISPOSITION MAP. The acquisition properties adjacent to or abutting streets and alleys being closed will also include all rights, title and interest, or any private rights of use in and to the adjacent streets, rights-of-way, or alleys as shown lying within the perimeter of the land disposition map.” This amendment clarifies that these acquisitions are all located within the area bounded by the property disposition map. Staff recommends that the underlined text is added, as in the other URP bills, to provide for the same clarification of how property acquired for redevelopment may be used. This addition specifies that all rights and interest in various rights-of-way within the plan boundary are included with acquired properties.
  • In the Plan, the first paragraph of Appendix B, under the heading of “Properties for Acquisition and Disposition for Rehabilitation,” is amended to read as follows: “In addition to those groups of properties to be acquired and disposed of for redevelopment (designated with Disposition Lot numbers on Exhibit 3, in Appendix A and in Appendix C), the following properties are also being acquired and disposed of for rehabilitation or redevelopment. Certain properties listed below may be used in whole or in part, as rear or side yard space for adjacent property, AS SHOWN LYING WITHIN THE PERIMETER OF THE PROPERTY DISPOSITION MAP. The acquisition properties adjacent to or abutting streets and alleys being closed will also include all rights, title and interest, or any private rights of use in and to the adjacent streets, rights-of-way, or alleys as shown lying within the perimeter of the land disposition map.” This amendment is similar to the amendment above, with the exception of some added text was inadvertently left out of the bill in error. Staff recommends these three text additions are added to align the bill to the existing URP text.

Community Notice: Article 13, Housing and Urban Renewal, is the section of the City Code that outlines the processes for establishment of and amendments to URPs. For new URPs, or major changes, § 2-6(d) outlines the notice procedures, and include postings within the neighborhood, and two newspaper notices (one per week for two weeks) prior to the first public hearing.

For amendments to URPs, under § 2-6(g)(3) the amending bills are required to go through the same procedure as for adoption, that is, a City Council ordinance process. However, “If the Planning Commission determines that the proposed amendment is a technical correction or a minor modification that would not substantially affect the Plan or the size, use, or disposition of any property subject to the Plan, the proposed amendment need not be posted or advertised as otherwise required by subsection (d) of this section.”

Minor Modification: Several technical amendments are proposed in order to conform language across several URPs. These changes will make administration of the plans simpler, and more consistent across the City. In addition, technical amendments are required in some cases to clarify the purpose and intent of certain portions of the text that were not as clearly written in some of the plans, compared to others. These technical amendments will improve the text, and avoid potential future legal challenges based on these minor flaws.

Staff recommends that the Planning Commission make and adopt the following finding:

  • That the amendments to the URP as proposed in this bill are technical in nature, and they do not substantially affect the Plan, its size, or the use or disposition of any property subject to the Plan.

Staff Notification: Staff notified 72 community organizations of today’s hearing.

REQUEST: City Council Bill #11-0646 / Urban Renewal – Oliver – Amendment #13:

For the purpose of amending the Urban Renewal Plan for Oliver to reauthorize the acquisition of properties within the Project Area, to correct and clarify certain language, and to extend the life of the Plan; 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.

RECOMMENDATION: Amendment and Approval, with the following amendments:

  • Staff recommends that on page 2 of the bill, in lines 13 through 18, the paragraph instead read: “D. Duration of Provisions and Requirements The Oliver Renewal Plan, as [it may be] amended from time to time, [shall be] IS in full force and effect UNTIL DECEMBER 31, 2018.”
  • That in Exhibit B, under the property list titled “Properties for Acquisition and Disposition for Rehabilitation,” the following properties are deleted from the list:
    o 1229 N. Caroline Street;
    o 1231 N. Caroline Street; and
    o 1218 N. Dallas Street.
  • That in Exhibit C, under the property list titled “Properties For Acquisition And Disposition For Rehabilitation Or Redevelopment” the following properties are deleted from the list:
    o 1402 E. Biddle St.;
    o 1440 N. Broadway; and
    o 1442 N. Broadway.

STAFF: Eric Tiso

PETITIONER(S): The Administration (Department of Housing and Community Development)

HISTORY

  • The Oliver Urban Renewal Plan (URP) was established by Ord. #71-1067, dated May 17, 1971.
  • Amendment No. 12, dated December 5, 2002, approved by the Mayor and City Council of Baltimore City by Ord. #02-458, dated December 19, 2002.

CONFORMITY TO PLANS
This action is compatible with the City’s Comprehensive Master Plan, LIVE section, Goal 1: Build Human and Social Capital by Strengthening Neighborhoods, Objective 2: Strategically Redevelop Vacant Properties Throughout the City.

ANALYSIS
Maryland Law Amendment: In July of 2007, an amendment to the Maryland Annotated Code, Real Estate, Title 12 was made that requires an action for condemnation to be filed within four years of an authorization for acquisition. If that cannot be accomplished, then the authorization must be renewed:

§ 12-105.1. Condemnation action to acquire private property.
(a) Time limitation.- Notwithstanding any other provision of law, the State or any of its instrumentalities or political subdivisions shall file an action to acquire private property for public use by condemnation within 4 years of the date of the specific administrative or legislative authorization to acquire the property.
(b) New authorization.- If an action for condemnation is not filed within 4 years of the date described in subsection (a) of this section, the State or any of its instrumentalities or political subdivisions may not proceed with condemnation until it first obtains a new authorization to acquire the property. [2007, ch. 305]

Therefore, since four years have nearly elapsed since the date of the Maryland law change, an amendment to several Urban Renewal Plans (URPs) are necessary in order to reauthorize the each URP’s powers of acquisition and condemnation. With each reauthorization, those actions may legally continue beyond July 2011. The basic effect is that all of our Urban Renewal Plans that have designated properties for acquisition and disposition that have not yet been acted upon now need to be expressly confirmed and reauthorized for an additional four year period. Each URP will then require reauthorization every four years thereafter, for the life of the URP. While these URPs are being amended, there are also technical amendments that are needed to align the text for each, to ensure better, more consistent, administration and operation of each plan. To that end, the Department of Housing and Community Development (HCD) has introduced a group of bills with the goal of adoption before the July acquisition authority expiration, to ensure that the City’s acquisition authority is seamless. The group includes the following bills:

  • CCB #11-0643 - Urban Renewal - Coldstream Homestead Montebello (aka CHM)
  • CCB #11-0644 - Urban Renewal - Druid Heights
  • CCB #11-0645 - Urban Renewal - Johnston Square
  • CCB #11-0646 - Urban Renewal - Oliver
  • CCB #11-0647 - Urban Renewal - Park Heights
  • CCB #11-0648 - Urban Renewal - Poppleton
  • CCB #11-0649 - Urban Renewal - Reservoir Hill
  • CCB #11-0652 - Urban Renewal - Middle East
  • CCB #11-0653 - Urban Renewal - Broadway East
    Effects of the Bill: The five changes proposed to this URP are technical in nature. They are summarized as follows:
  • In Section C. Techniques Used To Achieve Plan Objectives, in the first paragraph, under Acquisition, the text is clarified to specify that properties may be acquired BY PURCHASE OR BY CONDEMNATION. This change is necessary to clarify the specific means by which the City can acquire property under this authority.
  • In the same section, a new C.1.c is added to read: “C. THE AUTHORITY TO ACQUIRE THE PROPERTIES WITHIN THE PROJECT AREA IS EXPRESSLY CONFIRMED AND REAUTHORIZED THROUGH AND INCLUDING DECEMBER 31, 2014.” This is the express reauthorization of the acquisition authority for the next four year period. This does not materially affect the purposes of the URP, and is required to comply with the requirements of the State of Maryland under the Maryland Annotated Code, as outlined above.
  • In the Plan, paragraph D is amended to read as follows: “D. Duration of Provisions and Requirements The Oliver Renewal Plan, as [it may be] amended from time to time, [shall be] IS in full force and effect for a period of [forty 40] 50 years following the date of original adoption of this Plan by ordinance of the Mayor and City Council of Baltimore.” This is required so that the life of the URP does not expire prior to the end of the acquisition authority also approved through this bill, in this case, by adding an additional ten years to the life of the URP. However, since the acquisition authority needs to be re-approved every four years, staff believes it would make more sense to extend the life of the URP and align it with the reauthorization action. Staff recommends that this paragraph instead read: “D. Duration of Provisions and Requirements The Oliver Renewal Plan, as [it may be] amended from time to time, [shall be] IS in full force and effect UNTIL DECEMBER 31, 2018.”
  • The first paragraph of Exhibit B, Properties for Acquisition and Disposition for Rehabilitation, is amended to read: “In addition to those groups of properties to be acquired and disposed of for rehabilitation (designated with disposition lot numbers on Exhibit 3), the following properties are also being acquired and disposed of for rehabilitation. Certain properties listed below may be used, in whole or in part, as rear or side yard space for adjacent rehabilitated housing. THE ACQUISITION PROPERTIES ADJACENT TO OR ABUTTING STREETS AND ALLEYS BEING CLOSED WILL ALSO INCLUDE ALL RIGHTS, TITLE AND INTEREST, OR ANY PRIVATE RIGHTS OF USE IN AND TO THE ADJACENT STREETS, RIGHTS-OF-WAY, OR ALLEYS AS SHOWN LYING WITHIN THE PERIMETER OF THE DISPOSITION MAP.” This addition clarifies how property acquired for redevelopment may be used. It also specifies that all rights and interest in various rights-of-way within the plan boundary are included with acquired properties.
  • In the Plan, the first paragraph of Exhibit C is amended to read as follows: “Exhibit C: Properties for Acquisition and Disposition for Rehabilitation or Redevelopment In addition to those groups of properties to be acquired and disposed of for redevelopment (designated with Disposition Lot numbers on Exhibit 3 and in Exhibit B), the following properties are also being acquired and disposed of for rehabilitation or redevelopment. Certain properties listed below may be used in whole or in part, as rear or side yard space for adjacent property. The acquisition of properties adjacent to or abutting streets and alleys being closed will also include all rights, title[,] and interest, or any private rights of use in and to the adjacent streets, rights-of-way, or alleys AS SHOWN LYING WITHIN THE PERIMETER OF THE DISPOSITION MAP.” This amendment clarifies that these acquisitions are all located within the area bounded by the property disposition map.

Community Notice: Article 13, Housing and Urban Renewal, is the section of the City Code that outlines the processes for establishment of and amendments to URPs. For new URPs, or major changes, § 2-6(d) outlines the notice procedures, and include postings within the neighborhood, and two newspaper notices (one per week for two weeks) prior to the first public hearing.

For amendments to URPs, under § 2-6(g)(3) the amending bills are required to go through the same procedure as for adoption, that is, a City Council ordinance process. However, “If the Planning Commission determines that the proposed amendment is a technical correction or a minor modification that would not substantially affect the Plan or the size, use, or disposition of any property subject to the Plan, the proposed amendment need not be posted or advertised as otherwise required by subsection (d) of this section.”

Minor Modification: Several technical amendments are proposed in order to conform language across several URPs. These changes will make administration of the plans simpler, and more consistent across the City. In addition, technical amendments are required in some cases to clarify the purpose and intent of certain portions of the text that were not as clearly written in some of the plans, compared to others. These technical amendments will improve the text, and avoid potential future legal challenges based on these minor flaws.

Staff recommends that the Planning Commission make and adopt the following finding:

  • That the amendments to the URP as proposed in this bill are technical in nature, and they do not substantially affect the Plan, its size, or the use or disposition of any property subject to the Plan.


Staff Notification: Staff notified 72 community organizations of today’s hearing.

REQUEST: City Council Bill #11-0647 / Urban Renewal – Park Heights – Amendment #1:

For the purpose of amending the Urban Renewal Plan for Park Heights to reauthorize the acquisition of properties within the Project Area and to correct and clarify certain language; 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.

RECOMMENDATION: Amendment and Approval, with the following amendment:

  • That the properties listed for acquisition in Appendices A and B are amended to remove certain properties as marked in red strikeout in the attachments provided to staff by the Department of Housing and Community Development, as they are no longer needed for acquisition.

STAFF: Eric Tiso

PETITIONER(S): The Administration (Department of Housing and Community Development)

HISTORY

  • The Park Heights Urban Renewal Plan (URP) was established by Ord. # 08-0158, dated December 11, 2008.

CONFORMITY TO PLANS
This action is compatible with the City’s Comprehensive Master Plan, LIVE section, Goal 1: Build Human and Social Capital by Strengthening Neighborhoods, Objective 2: Strategically Redevelop Vacant Properties Throughout the City.

ANALYSIS
Maryland Law Amendment: In July of 2007, an amendment to the Maryland Annotated Code, Real Estate, Title 12 was made that requires an action for condemnation to be filed within four years of an authorization for acquisition. If that cannot be accomplished, then the authorization must be renewed:

§ 12-105.1. Condemnation action to acquire private property.
(a) Time limitation.- Notwithstanding any other provision of law, the State or any of its instrumentalities or political subdivisions shall file an action to acquire private property for public use by condemnation within 4 years of the date of the specific administrative or legislative authorization to acquire the property.
(b) New authorization.- If an action for condemnation is not filed within 4 years of the date described in subsection (a) of this section, the State or any of its instrumentalities or political subdivisions may not proceed with condemnation until it first obtains a new authorization to acquire the property. [2007, ch. 305]

Therefore, since four years have nearly elapsed since the date of the Maryland law change, an amendment to several Urban Renewal Plans (URPs) are necessary in order to reauthorize the each URP’s powers of acquisition and condemnation. With each reauthorization, those actions may legally continue beyond July 2011. The basic effect is that all of our Urban Renewal Plans that have designated properties for acquisition and disposition that have not yet been acted upon now need to be expressly confirmed and reauthorized for an additional four year period. Each URP will then require reauthorization every four years thereafter, for the life of the URP. While these URPs are being amended, there are also technical amendments that are needed to align the text for each, to ensure better, more consistent, administration and operation of each plan. To that end, the Department of Housing and Community Development (HCD) has introduced a group of bills with the goal of adoption before the July acquisition authority expiration, to ensure that the City’s acquisition authority is seamless. The group includes the following bills:

  • CCB #11-0643 - Urban Renewal - Coldstream Homestead Montebello (aka CHM)
  • CCB #11-0644 - Urban Renewal - Druid Heights
  • CCB #11-0645 - Urban Renewal - Johnston Square
  • CCB #11-0646 - Urban Renewal - Oliver
  • CCB #11-0647 - Urban Renewal - Park Heights
  • CCB #11-0648 - Urban Renewal - Poppleton
  • CCB #11-0649 - Urban Renewal - Reservoir Hill
  • CCB #11-0652 - Urban Renewal - Middle East
  • CCB #11-0653 - Urban Renewal - Broadway East

Effects of the Bill: The three changes proposed to this URP are technical in nature. They are summarized as follows:

  • In Section C, a new C.1.d is added to read: “D. THE AUTHORITY TO ACQUIRE THE PROPERTIES WITHIN THE PROJECT AREA IS EXPRESSLY CONFIRMED AND REAUTHORIZED THROUGH AND INCLUDING DECEMBER 31, 2014.” Since this URP was established after the July 2007 Maryland Law change, technically, its acquisition authority is valid through December of 2012. However, this express reauthorization of the acquisition authority will align the effective dates with the other URPs for ease of administration. As with the others, this does not materially affect the purposes of the URP, and is only required to comply with the requirements of the State of Maryland under the Maryland Annotated Code, as outlined above.
  • In the Plan, after the title of Appendix A, Properties for Acquisition for Clearance and Redevelopment, a new paragraph is added to read as follows: “IN ADDITION TO THOSE GROUPS OF PROPERTIES TO BE ACQUIRED AND DISPOSED ON CLEARANCE, THE FOLLOWING PROPERTIES ARE ALSO BEING ACQUIRED AND DISPOSED OF FOR CLEARANCE OR REDEVELOPMENT. CERTAIN PROPERTIES LISTED BELOW MAY BE USED IN WHOLE OR IN PART, AS REAR OR SIDE YARD SPACE FOR ADJACENT PROPERTY. THE ACQUISITION PROPERTIES ADJACENT TO OR ABUTTING STREETS AND ALLEYS BEING CLOSED WILL ALSO INCLUDE ALL RIGHTS, TITLE AND INTEREST, OR ANY PRIVATE RIGHTS OF USE IN AND TO THE ADJACENT STREETS, RIGHTS-OF-WAY, OR ALLEYS AS SHOWN LYING WITHIN THE PERIMETER OF THE LAND DISPOSITION MAPS.” This addition clarifies how property acquired for redevelopment may be used. It also specifies that all rights and interest in various rights-of-way within the plan boundary are included with acquired properties.
  • In the Plan, after the title of Appendix B, Properties for Disposition, add a new paragraph to read as follows: “IN ADDITION TO THOSE GROUPS OF PROPERTIES TO BE ACQUIRED AND DISPOSED ON CLEARANCE, THE FOLLOWING PROPERTIES ARE ALSO BEING ACQUIRED AND DISPOSED OF FOR CLEARANCE OR REDEVELOPMENT. CERTAIN PROPERTIES LISTED BELOW MAY BE USED IN WHOLE OR IN PART, AS REAR OR SIDE YARD SPACE FOR ADJACENT PROPERTY. THE ACQUISITION PROPERTIES ADJACENT TO OR ABUTTING STREETS AND ALLEYS BEING CLOSED WILL ALSO INCLUDE ALL RIGHTS, TITLE AND INTEREST, OR ANY PRIVATE RIGHTS OF USE IN AND TO THE ADJACENT STREETS, RIGHTS-OF-WAY, OR ALLEYS AS SHOWN LYING WITHIN THE PERIMETER OF THE LAND DISPOSITION MAPS.” This change is similar in nature to the paragraph above.

Community Notice: Article 13, Housing and Urban Renewal, is the section of the City Code that outlines the processes for establishment of and amendments to URPs. For new URPs, or major changes, § 2-6(d) outlines the notice procedures, and include postings within the neighborhood, and two newspaper notices (one per week for two weeks) prior to the first public hearing.

For amendments to URPs, under § 2-6(g)(3) the amending bills are required to go through the same procedure as for adoption, that is, a City Council ordinance process. However, “If the Planning Commission determines that the proposed amendment is a technical correction or a minor modification that would not substantially affect the Plan or the size, use, or disposition of any property subject to the Plan, the proposed amendment need not be posted or advertised as otherwise required by subsection (d) of this section.”

Minor Modification: Several technical amendments are proposed in order to conform language across several URPs. These changes will make administration of the plans simpler, and more consistent across the City. In addition, technical amendments are required in some cases to clarify the purpose and intent of certain portions of the text that were not as clearly written in some of the plans, compared to others. These technical amendments will improve the text, and avoid potential future legal challenges based on these minor flaws.

Staff recommends that the Planning Commission make and adopt the following finding:

  • That the amendments to the URP as proposed in this bill are technical in nature, and they do not substantially affect the Plan, its size, or the use or disposition of any property subject to the Plan.

Staff Notification: Staff notified 72 community organizations of today’s hearing.

REQUEST: City Council Bill #11-0648 / Urban Renewal – Poppleton – Amendment #12:

For the purpose of amending the Urban Renewal Plan for Poppleton to reauthorize the acquisition of properties within the Project Area and to correct and clarify certain language; 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.

RECOMMENDATION: Amendment and Approval, with the following amendments:

  • That in Appendix A, under the property list titled “Properties for Acquisition and Disposition for Rehabilitation,” the following properties are deleted from the list:


o 103 N. Amity Street;
o 901 W. Baltimore Street; 
o 903 W. Baltimore Street;
o 905 W. Baltimore Street;
o 821 W. Lexington Street;
o 837 W. Lexington Street; and
o 839 W. Lexington Street.

  • That in Appendix C, under the property list titled “Properties for Acquisition and Disposition for Clearance & Redevelopment,” the following properties are deleted from the list:


o 15 N. Amity Street;
o 15½ N. Amity Street;
o 17 N. Amity Street;
o 19 N. Amity Street;
o 21 N. Amity Street;
o 23 N. Amity Street;
o 25 N. Amity Street;
o 103 N. Amity Street;
o 105 N. Amity Street;
o 107 N. Amity Street;
o 808 W. Fayette Street;
o 922 W. Fayette Street;
o 924 W. Fayette Street; and
o 927 W. Fayette Street.

STAFF: Eric Tiso

PETITIONER(S): The Administration (Department of Housing and Community Development)

HISTORY

  • The Poppleton Urban Renewal Plan (URP) was established by Ord. #75-837, dated March 31, 1975.
  • Amendment No. 11, dated December 7, 2006, was approved by the Mayor and City Council of Baltimore by Ordinance #07-416, dated April 19, 2007.

CONFORMITY TO PLANS
This action is compatible with the City’s Comprehensive Master Plan, LIVE section, Goal 1: Build Human and Social Capital by Strengthening Neighborhoods, Objective 2: Strategically Redevelop Vacant Properties Throughout the City.

ANALYSIS
Maryland Law Amendment: In July of 2007, an amendment to the Maryland Annotated Code, Real Estate, Title 12 was made that requires an action for condemnation to be filed within four years of an authorization for acquisition. If that cannot be accomplished, then the authorization must be renewed:

§ 12-105.1. Condemnation action to acquire private property.
(a) Time limitation.- Notwithstanding any other provision of law, the State or any of its instrumentalities or political subdivisions shall file an action to acquire private property for public use by condemnation within 4 years of the date of the specific administrative or legislative authorization to acquire the property.
(b) New authorization.- If an action for condemnation is not filed within 4 years of the date described in subsection (a) of this section, the State or any of its instrumentalities or political subdivisions may not proceed with condemnation until it first obtains a new authorization to acquire the property. [2007, ch. 305]

Therefore, since four years have nearly elapsed since the date of the Maryland law change, an amendment to several Urban Renewal Plans (URPs) are necessary in order to reauthorize the each URP’s powers of acquisition and condemnation. With each reauthorization, those actions may legally continue beyond July 2011. The basic effect is that all of our Urban Renewal Plans that have designated properties for acquisition and disposition that have not yet been acted upon now need to be expressly confirmed and reauthorized for an additional four year period. Each URP will then require reauthorization every four years thereafter, for the life of the URP. While these URPs are being amended, there are also technical amendments that are needed to align the text for each, to ensure better, more consistent, administration and operation of each plan. To that end, the Department of Housing and Community Development (HCD) has introduced a group of bills with the goal of adoption before the July acquisition authority expiration, to ensure that the City’s acquisition authority is seamless. The group includes the following bills:

  • CCB #11-0643 - Urban Renewal - Coldstream Homestead Montebello (aka CHM)
  • CCB #11-0644 - Urban Renewal - Druid Heights
  • CCB #11-0645 - Urban Renewal - Johnston Square
  • CCB #11-0646 - Urban Renewal - Oliver
  • CCB #11-0647 - Urban Renewal - Park Heights
  • CCB #11-0648 - Urban Renewal - Poppleton
  • CCB #11-0649 - Urban Renewal - Reservoir Hill
  • CCB #11-0652 - Urban Renewal - Middle East
  • CCB #11-0653 - Urban Renewal - Broadway East
    Effects of the Bill: The four changes proposed to this URP are technical in nature. They are summarized as follows:
  • In Section C. Techniques Used To Achieve Plan Objectives, in the first paragraph, under Acquisition, the text is clarified to specify that properties will be acquired BY PURCHASE OR BY CONDEMNATION. This change is necessary to clarify the specific means by which the City can acquire property under this authority.
  • In the same section, a new C.1.d is added to read: “D. THE AUTHORITY TO ACQUIRE THE PROPERTIES WITHIN THE PROJECT AREA IS EXPRESSLY CONFIRMED AND REAUTHORIZED THROUGH AND INCLUDING DECEMBER 31, 2014.” This is the express reauthorization of the acquisition authority for the next four year period. This does not materially affect the purposes of the URP, and is required to comply with the requirements of the State of Maryland under the Maryland Annotated Code, as outlined above.
  • In the Plan, the first paragraph of Appendix A is amended to read as follows: "Properties for Acquisition and Disposition for Rehabilitation In addition to those groups of properties to be acquired and disposed of for rehabilitation (designated with disposition lot numbers on Exhibit 3), the following properties are also being acquired and disposed of for rehabilitation. Certain of these properties may be consolidated with abutting footway alleys or used in whole or in part as rear or side yard space for adjacent properties. THE ACQUISITION PROPERTIES ADJACENT TO OR ABUTTING STREETS AND ALLEYS BEING CLOSED WILL ALSO INCLUDE ALL RIGHTS, TITLE AND INTEREST, OR ANY PRIVATE RIGHTS OF USE IN AND TO THE ADJACENT STREETS, RIGHTS-OF-WAY, OR ALLEYS SHOWN LYING WITHIN THE PERIMETER OF THE DISPOSITION MAP." This addition clarifies how property acquired for redevelopment may be used. It also specifies that all rights and interest in various rights-of-way within the plan boundary are included with acquired properties.
  • In the Plan, amend the first paragraph of Appendix C to read as follows: “Properties for Acquisition and Disposition for Clearance and Redevelopment In addition to those groups of properties to be acquired and disposed of for clearance (designated with disposition lot numbers on Exhibit 3), the following properties are also being acquired and disposed of for clearance and redevelopment. CERTAIN PROPERTIES LISTED BELOW MAY BE USED IN WHOLE OR IN PART, AS REAR OR SIDE YARD SPACE FOR ADJACENT PROPERTY. THE ACQUISITION PROPERTIES ADJACENT TO OR ABUTTING STREETS AND ALLEYS BEING CLOSED WILL ALSO INCLUDE ALL RIGHTS, TITLE AND INTEREST, OR ANY PRIVATE RIGHTS OF USE IN AND TO THE ADJACENT STREETS, RIGHTS-OF-WAY, OR ALLEYS SHOWN LYING WITHIN THE PERIMETER OF THE DISPOSITION MAP.” This change is similar in nature to the paragraph above.

Community Notice: Article 13, Housing and Urban Renewal, is the section of the City Code that outlines the processes for establishment of and amendments to URPs. For new URPs, or major changes, § 2-6(d) outlines the notice procedures, and include postings within the neighborhood, and two newspaper notices (one per week for two weeks) prior to the first public hearing.

For amendments to URPs, under § 2-6(g)(3) the amending bills are required to go through the same procedure as for adoption, that is, a City Council ordinance process. However, “If the Planning Commission determines that the proposed amendment is a technical correction or a minor modification that would not substantially affect the Plan or the size, use, or disposition of any property subject to the Plan, the proposed amendment need not be posted or advertised as otherwise required by subsection (d) of this section.”

Minor Modification: Several technical amendments are proposed in order to conform language across several URPs. These changes will make administration of the plans simpler, and more consistent across the City. In addition, technical amendments are required in some cases to clarify the purpose and intent of certain portions of the text that were not as clearly written in some of the plans, compared to others. These technical amendments will improve the text, and avoid potential future legal challenges based on these minor flaws.

Staff recommends that the Planning Commission make and adopt the following finding:

  • That the amendments to the URP as proposed in this bill are technical in nature, and they do not substantially affect the Plan, its size, or the use or disposition of any property subject to the Plan.

Staff Notification: Staff notified 72 community organizations of today’s hearing.

REQUEST: City Council Bill #11-0649 / Urban Renewal – Reservoir Hill – Amendment #11:

For the purpose of amending the Urban Renewal Plan for Reservoir Hill to reauthorize the acquisition of properties within the Project Area, to correct and clarify certain language, and to extend the life of the Plan; 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.

RECOMMENDATION: Amendment and Approval, with the following amendments:

  • That Section D, Duration of Provisions and Requirements, is amended to read as follows: “The Reservoir Hill Urban Renewal Plan, as [it may be] amended from time to time, [shall remain] IS in full force and effect for a period of [40] 50 years from the date of original adoption of this Renewal Plan by ordinance of the Mayor and City Council of Baltimore UNTIL DECEMBER 31, 2018.”
  • That in Appendix B, under the property list titled “Scattered Properties For Acquisition And Disposition For Rehabilitation,” the following properties are deleted from the list:
    o 2206 Callow Avenue;
    o 2546 Madison Avenue; and
    o 912 Whitelock Street.

STAFF: Eric Tiso

PETITIONER(S): The Administration (Department of Housing and Community Development)

HISTORY

  • The Reservoir Hill Urban Renewal Plan (URP) was established by Ord. # 72-33, dated April 10, 1972.
  • Amendment No. 10, dated September 19, 1988, was approved by the Mayor and City Council of Baltimore by Ord. #88-187, dated November 10, 1988.

CONFORMITY TO PLANS
This action is compatible with the City’s Comprehensive Master Plan, LIVE section, Goal 1: Build Human and Social Capital by Strengthening Neighborhoods, Objective 2: Strategically Redevelop Vacant Properties Throughout the City.

ANALYSIS
Maryland Law Amendment: In July of 2007, an amendment to the Maryland Annotated Code, Real Estate, Title 12 was made that requires an action for condemnation to be filed within four years of an authorization for acquisition. If that cannot be accomplished, then the authorization must be renewed:

§ 12-105.1. Condemnation action to acquire private property.
(a) Time limitation.- Notwithstanding any other provision of law, the State or any of its instrumentalities or political subdivisions shall file an action to acquire private property for public use by condemnation within 4 years of the date of the specific administrative or legislative authorization to acquire the property.
(b) New authorization.- If an action for condemnation is not filed within 4 years of the date described in subsection (a) of this section, the State or any of its instrumentalities or political subdivisions may not proceed with condemnation until it first obtains a new authorization to acquire the property. [2007, ch. 305]

Therefore, since four years have nearly elapsed since the date of the Maryland law change, an amendment to several Urban Renewal Plans (URPs) are necessary in order to reauthorize the each URP’s powers of acquisition and condemnation. With each reauthorization, those actions may legally continue beyond July 2011. The basic effect is that all of our Urban Renewal Plans that have designated properties for acquisition and disposition that have not yet been acted upon now need to be expressly confirmed and reauthorized for an additional four year period. Each URP will then require reauthorization every four years thereafter, for the life of the URP. While these URPs are being amended, there are also technical amendments that are needed to align the text for each, to ensure better, more consistent, administration and operation of each plan. To that end, the Department of Housing and Community Development (HCD) has introduced a group of bills with the goal of adoption before the July acquisition authority expiration, to ensure that the City’s acquisition authority is seamless. The group includes the following bills:

  • CCB #11-0643 - Urban Renewal - Coldstream Homestead Montebello (aka CHM)
  • CCB #11-0644 - Urban Renewal - Druid Heights
  • CCB #11-0645 - Urban Renewal - Johnston Square
  • CCB #11-0646 - Urban Renewal - Oliver
  • CCB #11-0647 - Urban Renewal - Park Heights
  • CCB #11-0648 - Urban Renewal - Poppleton
  • CCB #11-0649 - Urban Renewal - Reservoir Hill
  • CCB #11-0652 - Urban Renewal - Middle East
  • CCB #11-0653 - Urban Renewal - Broadway East

    Effects of the Bill: The four changes proposed to this URP are technical in nature. They are summarized as follows:
  • In Section C. Techniques Used To Achieve Plan Objectives, in the first paragraph, under Acquisition, the text is clarified to specify that properties may be acquired BY PURCHASE OR BY CONDEMNATION. This change is necessary to clarify the specific means by which the City can acquire property under this authority.
  • In the same section, a new C.1.c is added to read: “C. THE AUTHORITY TO ACQUIRE THE PROPERTIES WITHIN THE PROJECT AREA IS EXPRESSLY CONFIRMED AND REAUTHORIZED THROUGH AND INCLUDING DECEMBER 31, 2014.” This is the express reauthorization of the acquisition authority for the next four year period. This does not materially affect the purposes of the URP, and is required to comply with the requirements of the State of Maryland under the Maryland Annotated Code, as outlined above.
  • In the Plan, Section D, Duration of Provisions and Requirements, is amended to read as follows: “The Reservoir Hill Urban Renewal Plan, as [it may be] amended from time to time, [shall remain] IS in full force and effect for a period of [40] 50 years from the date of original adoption of this Renewal Plan by ordinance of the Mayor and City Council of Baltimore.” This is required so that the life of the URP does not expire prior to the end of the acquisition authority also approved through this bill, in this case, by adding an additional ten years to the life of the URP. However, since the acquisition authority needs to be re-approved every four years, staff believes it would make more sense to extend the life of the URP and align it with the reauthorization action. Staff recommends that this paragraph instead read: “The Reservoir Hill Urban Renewal Plan, as [it may be] amended from time to time, [shall remain] IS in full force and effect for a period of [40] 50 years from the date of original adoption of this Renewal Plan by ordinance of the Mayor and City Council of Baltimore UNTIL DECEMBER 31, 2018.”
  • In the Plan, the first paragraph of Appendix B, Scattered Properties for Acquisition and Disposition for Rehabilitation, is amended to read as follows: “In addition to those groups of properties to be acquired and disposed of for rehabilitation (designated with disposition lot numbers on Exhibit 3), the following scattered properties are also being acquired and disposed of for rehabilitation. CERTAIN PROPERTIES LISTED BELOW MAY BE USED, IN WHOLE OR IN PART, AS REAR OR SIDE YARD SPACE FOR ADJACENT PROPERTY. THE ACQUISITION PROPERTIES ADJACENT TO OR ABUTTING STREETS AND ALLEYS BEING CLOSED WILL ALSO INCLUDE ALL RIGHTS, TITLE AND INTEREST, OR ANY PRIVATE RIGHTS OF USE IN AND TO THE ADJACENT STREETS, RIGHTS-OF-WAY, OR ALLEYS AS SHOWN LYING WITHIN THE PERIMETER OF THE LAND DISPOSITION MAP.” This addition clarifies how property acquired for redevelopment may be used. It also specifies that all rights and interest in various rights-of-way within the plan boundary are included with acquired properties.

Community Notice: Article 13, Housing and Urban Renewal, is the section of the City Code that outlines the processes for establishment of and amendments to URPs. For new URPs, or major changes, § 2-6(d) outlines the notice procedures, and include postings within the neighborhood, and two newspaper notices (one per week for two weeks) prior to the first public hearing.

For amendments to URPs, under § 2-6(g)(3) the amending bills are required to go through the same procedure as for adoption, that is, a City Council ordinance process. However, “If the Planning Commission determines that the proposed amendment is a technical correction or a minor modification that would not substantially affect the Plan or the size, use, or disposition of any property subject to the Plan, the proposed amendment need not be posted or advertised as otherwise required by subsection (d) of this section.”

Minor Modification: Several technical amendments are proposed in order to conform language across several URPs. These changes will make administration of the plans simpler, and more consistent across the City. In addition, technical amendments are required in some cases to clarify the purpose and intent of certain portions of the text that were not as clearly written in some of the plans, compared to others. These technical amendments will improve the text, and avoid potential future legal challenges based on these minor flaws.

Staff recommends that the Planning Commission make and adopt the following finding:

  • That the amendments to the URP as proposed in this bill are technical in nature, and they do not substantially affect the Plan, its size, or the use or disposition of any property subject to the Plan.

Staff Notification: Staff notified 72 community organizations of today’s hearing.

REQUEST: City Council Bill #11-0652 / Urban Renewal – Middle East – Amendment #9:

For the purpose of amending the Urban Renewal Plan for Middle East to reauthorize the acquisition of properties within the Project Area and to correct and clarify certain language; 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.

RECOMMENDATION: Amendment and Approval, with the following amendment:

  • That the properties listed for acquisition in Appendices A, C and D are amended to remove certain properties as marked in red strikeout in the attachment provided to staff by the Department of Housing and Community Development, as they are no longer needed for acquisition.

STAFF: Eric Tiso

PETITIONER(S): The Administration (Department of Housing and Community Development)

HISTORY

  • The Middle East Urban Renewal Plan (URP) was established by Ord. #88-156, dated July 6, 1988.
  • Amendment No. 8, dated August 15, 2005, was approved by the Mayor and City Council of Baltimore by Ordinance # 05-124, dated October 7, 2005.

CONFORMITY TO PLANS
This action is compatible with the City’s Comprehensive Master Plan, LIVE section, Goal 1: Build Human and Social Capital by Strengthening Neighborhoods, Objective 2: Strategically Redevelop Vacant Properties Throughout the City.

ANALYSIS
Maryland Law Amendment: In July of 2007, an amendment to the Maryland Annotated Code, Real Estate, Title 12 was made that requires an action for condemnation to be filed within four years of an authorization for acquisition. If that cannot be accomplished, then the authorization must be renewed:

§ 12-105.1. Condemnation action to acquire private property.
(a) Time limitation.- Notwithstanding any other provision of law, the State or any of its instrumentalities or political subdivisions shall file an action to acquire private property for public use by condemnation within 4 years of the date of the specific administrative or legislative authorization to acquire the property.
(b) New authorization.- If an action for condemnation is not filed within 4 years of the date described in subsection (a) of this section, the State or any of its instrumentalities or political subdivisions may not proceed with condemnation until it first obtains a new authorization to acquire the property. [2007, ch. 305]

Therefore, since four years have nearly elapsed since the date of the Maryland law change, an amendment to several Urban Renewal Plans (URPs) are necessary in order to reauthorize the each URP’s powers of acquisition and condemnation. With each reauthorization, those actions may legally continue beyond July 2011. The basic effect is that all of our Urban Renewal Plans that have designated properties for acquisition and disposition that have not yet been acted upon now need to be expressly confirmed and reauthorized for an additional four year period. Each URP will then require reauthorization every four years thereafter, for the life of the URP. While these URPs are being amended, there are also technical amendments that are needed to align the text for each, to ensure better, more consistent, administration and operation of each plan. To that end, the Department of Housing and Community Development (HCD) has introduced a group of bills with the goal of adoption before the July acquisition authority expiration, to ensure that the City’s acquisition authority is seamless. The group includes the following bills:

  • CCB #11-0643 - Urban Renewal - Coldstream Homestead Montebello (aka CHM)
  • CCB #11-0644 - Urban Renewal - Druid Heights
  • CCB #11-0645 - Urban Renewal - Johnston Square
  • CCB #11-0646 - Urban Renewal - Oliver
  • CCB #11-0647 - Urban Renewal - Park Heights
  • CCB #11-0648 - Urban Renewal - Poppleton
  • CCB #11-0649 - Urban Renewal - Reservoir Hill
  • CCB #11-0652 - Urban Renewal - Middle East
  • CCB #11-0653 - Urban Renewal - Broadway East
    Effects of the Bill: The three changes proposed to this URP are technical in nature. They are summarized as follows:
  • In Section C. Techniques Used To Achieve Plan Objectives, in the first paragraph, under Acquisition, the text is clarified to specify that properties may be acquired BY PURCHASE OR BY CONDEMNATION. This change is necessary to clarify the specific means by which the City can acquire property under this authority.
  • In the same section, a new C.1.e is added to read: “E. THE AUTHORITY TO ACQUIRE THE PROPERTIES WITHIN THE PROJECT AREA IS EXPRESSLY CONFIRMED AND REAUTHORIZED THROUGH AND INCLUDING DECEMBER 31, 2014.” This is the express reauthorization of the acquisition authority for the next four year period. This does not materially affect the purposes of the URP, and is required to comply with the requirements of the State of Maryland under the Maryland Annotated Code, as outlined above.
  • In the Plan, the first paragraphs of Appendix A “Properties for Acquisition and Disposition for Rehabilitation,” Appendix C “Properties for Acquisition and Disposition for Rehabilitation or Redevelopment,” and Appendix D “Properties for Acquisition and Disposition for Rehabilitation or Redevelopment,” are each amended to add the text “AS SHOWN LYING WITHIN THE PERIMETER OF THE PROPERTY DISPOSITION MAP.” to the end of each paragraph. These amendments clarify that these acquisitions are all located within the area bounded by the property disposition map.

Community Notice: Article 13, Housing and Urban Renewal, is the section of the City Code that outlines the processes for establishment of and amendments to URPs. For new URPs, or major changes, § 2-6(d) outlines the notice procedures, and include postings within the neighborhood, and two newspaper notices (one per week for two weeks) prior to the first public hearing.

For amendments to URPs, under § 2-6(g)(3) the amending bills are required to go through the same procedure as for adoption, that is, a City Council ordinance process. However, “If the Planning Commission determines that the proposed amendment is a technical correction or a minor modification that would not substantially affect the Plan or the size, use, or disposition of any property subject to the Plan, the proposed amendment need not be posted or advertised as otherwise required by subsection (d) of this section.”

Minor Modification: Several technical amendments are proposed in order to conform language across several URPs. These changes will make administration of the plans simpler, and more consistent across the City. In addition, technical amendments are required in some cases to clarify the purpose and intent of certain portions of the text that were not as clearly written in some of the plans, compared to others. These technical amendments will improve the text, and avoid potential future legal challenges based on these minor flaws.

Staff recommends that the Planning Commission make and adopt the following finding:

  • That the amendments to the URP as proposed in this bill are technical in nature, and they do not substantially affect the Plan, its size, or the use or disposition of any property subject to the Plan.

Staff Notification: Staff notified 72 community organizations of today’s hearing.

REQUEST: City Council Bill #11-0653 / Urban Renewal – Broadway East – Amendment #3:

For the purpose of amending the Urban Renewal Plan for Broadway East to reauthorize the acquisition of properties within the Project Area and to correct and clarify certain language; 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.

RECOMMENDATION: Amendment and Approval, with the following amendments:

  • That the properties listed for acquisition in Appendix A are amended to remove certain properties as marked in red strikeout in the attachment provided to staff by the Department of Housing and Community Development, as they are no longer needed for acquisition.
  • That in Appendix A, 2000 East Preston Street is deleted from the list of properties to be acquired.

STAFF: Eric Tiso

PETITIONER(S): The Administration (Department of Housing and Community Development)

HISTORY

  • The Broadway East Urban Renewal Plan (URP) was established by Ord. #79-1202, dated November 30, 1979.
  • Amendment No. 2, dated April 15, 2002, was approved by the Mayor and City Council of Baltimore by Ord. #02-457, dated December 19, 2002.

CONFORMITY TO PLANS
This action is compatible with the City’s Comprehensive Master Plan, LIVE section, Goal 1: Build Human and Social Capital by Strengthening Neighborhoods, Objective 2: Strategically Redevelop Vacant Properties Throughout the City.

ANALYSIS
Maryland Law Amendment: In July of 2007, an amendment to the Maryland Annotated Code, Real Estate, Title 12 was made that requires an action for condemnation to be filed within four years of an authorization for acquisition. If that cannot be accomplished, then the authorization must be renewed:

§ 12-105.1. Condemnation action to acquire private property.
(a) Time limitation.- Notwithstanding any other provision of law, the State or any of its instrumentalities or political subdivisions shall file an action to acquire private property for public use by condemnation within 4 years of the date of the specific administrative or legislative authorization to acquire the property.
(b) New authorization.- If an action for condemnation is not filed within 4 years of the date described in subsection (a) of this section, the State or any of its instrumentalities or political subdivisions may not proceed with condemnation until it first obtains a new authorization to acquire the property. [2007, ch. 305]

Therefore, since four years have nearly elapsed since the date of the Maryland law change, an amendment to several Urban Renewal Plans (URPs) are necessary in order to reauthorize the each URP’s powers of acquisition and condemnation. With each reauthorization, those actions may legally continue beyond July 2011. The basic effect is that all of our Urban Renewal Plans that have designated properties for acquisition and disposition that have not yet been acted upon now need to be expressly confirmed and reauthorized for an additional four year period. Each URP will then require reauthorization every four years thereafter, for the life of the URP. While these URPs are being amended, there are also technical amendments that are needed to align the text for each, to ensure better, more consistent, administration and operation of each plan. To that end, the Department of Housing and Community Development (HCD) has introduced a group of bills with the goal of adoption before the July acquisition authority expiration, to ensure that the City’s acquisition authority is seamless. The group includes the following bills:

  • CCB #11-0643 - Urban Renewal - Coldstream Homestead Montebello (aka CHM)
  • CCB #11-0644 - Urban Renewal - Druid Heights
  • CCB #11-0645 - Urban Renewal - Johnston Square
  • CCB #11-0646 - Urban Renewal - Oliver
  • CCB #11-0647 - Urban Renewal - Park Heights
  • CCB #11-0648 - Urban Renewal - Poppleton
  • CCB #11-0649 - Urban Renewal - Reservoir Hill
  • CCB #11-0652 - Urban Renewal - Middle East
  • CCB #11-0653 - Urban Renewal - Broadway East

    Effects of the Bill: The three changes proposed to this URP are technical in nature. They are summarized as follows:
  • In Section C. Techniques Used To Achieve Plan Objectives, in the first paragraph, under Acquisition, the text is clarified to specify that properties may be acquired BY PURCHASE OR BY CONDEMNATION. This change is necessary to clarify the specific means by which the City can acquire property under this authority.
  • In the same section, a new C.1.c is added to read: “C. THE AUTHORITY TO ACQUIRE THE PROPERTIES WITHIN THE PROJECT AREA IS EXPRESSLY CONFIRMED AND REAUTHORIZED THROUGH AND INCLUDING DECEMBER 31, 2014.” This is the express reauthorization of the acquisition authority for the next four year period. This does not materially affect the purposes of the URP, and is required to comply with the requirements of the State of Maryland under the Maryland Annotated Code, as outlined above.
  • In the Plan, the first paragraph of Appendix A, Properties for Acquisition and Disposition for Rehabilitation or Redevelopment, is amended to add the text “AS SHOWN LYING WITHIN THE PERIMETER OF THE PROPERTY DISPOSITION MAP.” to the end of the paragraph. This amendment clarifies that the proposed acquisitions are all located within the area bounded by the property disposition map.

Community Notice: Article 13, Housing and Urban Renewal, is the section of the City Code that outlines the processes for establishment of and amendments to URPs. For new URPs, or major changes, § 2-6(d) outlines the notice procedures, and include postings within the neighborhood, and two newspaper notices (one per week for two weeks) prior to the first public hearing.

For amendments to URPs, under § 2-6(g)(3) the amending bills are required to go through the same procedure as for adoption, that is, a City Council ordinance process. However, “If the Planning Commission determines that the proposed amendment is a technical correction or a minor modification that would not substantially affect the Plan or the size, use, or disposition of any property subject to the Plan, the proposed amendment need not be posted or advertised as otherwise required by subsection (d) of this section.”

Minor Modification: Several technical amendments are proposed in order to conform language across several URPs. These changes will make administration of the plans simpler, and more consistent across the City. In addition, technical amendments are required in some cases to clarify the purpose and intent of certain portions of the text that were not as clearly written in some of the plans, compared to others. These technical amendments will improve the text, and avoid potential future legal challenges based on these minor flaws.


Staff recommends that the Planning Commission make and adopt the following finding:

  • That the amendments to the URP as proposed in this bill are technical in nature, and they do not substantially affect the Plan, its size, or the use or disposition of any property subject to the Plan.

Staff Notification: Staff notified 72 community organizations of today’s hearing.

Related Stories

December 1

1. ROLL CALL

November 17

  1. ROLL CALL
  2. APPROVAL OF MINUTES
  3. 2012 CITY LOAN AUTHORIZATION FOR FY 2014 AND 2015 GENERAL OBLIGATION BOND ISSUES (Citywide) 
  4. STREET CLOSING/ MARTIN LUTHER K

October 20

  1. ROLL CALL
  2. APPROVAL OF MINUTES
  3. BALTIMORE CITY PUBLIC SCHOOLS CAPITAL IMPROVEMENT PROGRAM FOR FY 2013-2018 (Citywide)
  4. MINOR AMENDMENT AND FINAL DESIGN APPROVAL/UNIV