1. ROLL CALL

2. APPROVAL OF MINUTES

3. PLANNING COMMISSION SCHEDULE JULY 2011 – AUGUST 2012

4. CITY COUNCIL BILL #11-0658/ TRAFFIC MITIGATION - ESTABLISHING TRAFFIC-MITIGATION ZONES 
For the purpose of modifying the requirements for certain development projects to mitigate their impacts on City traffic; requiring the Department of Transportation to review certain development projects; defining certain terms; designating certain areas to be Traffic Mitigation Zones; providing for payments in lieu of Traffic-Mitigation studies; establishing how these payments are to be calculated; creating certain exceptions; authorizing certain traffic mitigation projects; and generally relating to the requirements and procedures for building and zoning code permits and authorizations. (Citywide)

5. CITY COUNCIL BILL #10-0633/ URBAN RENEWAL - YORK-WOODBOURNE BUSINESS AREA - AMENDMENT (Councilmembers – Bill Henry, Robert W. Curran)
For the purpose of amending the Urban Renewal Plan for the York-Woodbourne Business Area to reauthorize the acquisition of properties within the Project Area; 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. (Fourth District)

6. CITY COUNCIL BILL #11-0677/ ZONING - CONDITIONAL USE PARKING, OPEN OFF-STREET AREA - 4410 PALL MALL ROAD (Councilmember - Sharon Green Middleton)
For the purpose of permitting, subject to certain conditions, the establishment, maintenance, and operation of a parking, open off-street area on the property known as 4410 Pall Mall Road, as outlined in red on the accompanying plat. (Sixth District)

CITY COUNCIL BILL #11-0678/ZONING - CONDITIONAL USE HOUSING FOR THE ELDERLY - 4309-4311 PIMLICO ROAD (Councilmember – Sharon Green Middleton)
For the purpose of permitting, subject to certain conditions, the establishment, maintenance, and operation of housing for the elderly on the property known as 4903-4911 Pimlico Road, as outlined in red on the accompanying plat. (Sixth District)

7. STREET CLOSING/CLOSING A PORTION OF WIRTON STREET AND A 10 FOOT ALLEY (Twelfth District)

CONSENT AGENDA

8. FINAL DESIGN APPROVAL SILO POINT DEVELOPMENT PLANS - SILO POINT PUD/OUTDOOR TABLE SERVICE - 1700 E. BEASON STREET (Tenth District)

9. CIP TRANSFERS

PC Summary

4. CITY COUNCIL BILL #11-0658/TRAFFIC MITIGATION – ESTABLISHING TRAFFIC MITIGATION ZONES

5. CITY COUNCIL BILL #10-0633/URBAN RENEWAL – YORK-WOODBOURNE BUSINESS AREA – AMENDMENT 
For the purpose of amending the Urban Renewal Plan for the York-Woodbourne Business Area to reauthorize the acquisition of properties within the Project Area; 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.

The bill proposes an addition to this URP, and it is technical in nature. This additional language should read as follows:

C. PROJECT PROPOSALS
1. Property Acquisition
a. Properties Within the Project Area (Including Parts Thereof or Interests Therein) Will be Acquired for the Following Purposes:
(1) Clearance and Redevelopment
Properties to be acquired, BY PURCHASE OR BY CONDEMNATION, for clearance and redevelopment are identified on the Property Acquisition Map, Exhibit 2.
(2) Public Improvement
Properties to be acquired, BY PURCHASE OR BY CONDEMNATION, for provision of public improvement are also identified on the Property Acquisition Map, Exhibit 2.
b. THE AUTHORITY TO ACQUIRE THE PROPERTIES WITH THE PROJECT AREA IS EXPRESSLY CONFIRMED AND REAUTHORIZED THROUGH AD INCLUDING DECEMBER 31, 2014.

Staff notified The Homeland Association, Mid-Govans Community Association, North Baltimore Neighborhood Coalition, Radnor Winston Improvement Association, Villages of Homeland East, Villages of Homeland West, Baltimore Development Corporation, and the City Council representative of this action.

Recommendation: Amendment and Approval

6. CITY COUNCIL BILL #11-0677/ZONING – CONDITIONAL USE PARKING, OPEN OFF-STREET AREA – 4410 PALL MALL ROAD 
For the purpose of permitting, subject to certain conditions, the establishment, maintenance, and operation of a parking, open off-street area on the property known as 4410 Pall Mall Road.

CITY COUNCIL BILL #11-0678/ZONING –CONDITIONAL USE HOUSING FOR THE ELDERLY – 4309-4311 PIMLICO ROAD 
For the purpose of permitting, subject to certain conditions, the establishment, maintenance, and operation of housing for the elderly on the property known as 4903-4911 Pimlico Road.

The proposal is to construct 60 units of Housing for the Elderly on property known as 4309-11 Pimilco Road, with an off-street parking lot on property known as 4410 Pall Mall Road. There will be (8) ADA accessible units along with a community activity area. There will be 30 parking spaces provided. The site was home to the former Pall Mall Apartments; a failed FHA property that HCD acquired from a foreclosure sale with monies from the City’s affordable housing program. Park Heights Renaissance, Inc., and Comprehensive Housing Assistance, Inc. partnered to seek HUD 202 grant for low income elderly residents. Not only is the conditional use ordinance needed to establish the proposed elderly housing project, but it also helps the development team to score points for this competitive grant program that is awarding ‘shovel-ready’ projects. Also, as part of this proposed conditional use legislation, staff is also recommending approval of yard setback variances.

Recommendations:

• CCB #11-0677: Approval
• CCB #11-0678: Amend and Approve
  1. Amend the preamble to reflect the correct property addresses and
  2. Amend to include a variance from the required rear and side yards.

7. STREET CLOSING/CLOSING A PORTION OF WIRTON STREET AND A 10 FOOT ALLEY 
The Department of Housing and Community Development has requested the closing of Wirton Street and alley way to consolidate this area will other adjoining City-owned properties into one lot for the construction of affordable housing. This project involves the construction of a four-story apartment building with 74 units, in a mix of one-, two- and three-bedroom units, to be known as the Lillian Jones Apartments.

Recommendation: Approval, subject to comments from the Department of General Services.

 

 

CONSENT AGENDA

8. FINAL DESIGN APPROVAL SILO POINT DEVELOPMENTPLANS SILO POINT PUD/OUTDOOR TABLE SERVICE - 1700 E. BEASON STREET 
On October 20, 2005 the Planning Commission approved a Minor Amendment and Final Design Approval for the Grain Elevator and Silo Buildings within the Silo Point PUD. This allowed the residential and retail project to be constructed as it appears today.

The Turner Development Group, representing a restaurant tenant in the ground floor of the Grain Elevator Building, has submitted a plan for outdoor table service associated with the restaurant. Per the Silo Point PUD Ordinance #04-697 “Outdoor table service accessory to a restaurant is permitted in Area B, but no off premise sale of alcoholic beverages is allowed.” The area under consideration is within Area B. The plans show the location to be under the southeast corner of the building within an outdoor area. 
The Silo Point Community Association has submitted a letter of support for this request.

Recommendation: Approval

REQUEST: City Council Bill #11-0658 / Traffic Mitigation – Establishing Traffic-Mitigation Zones:

For the purpose of modifying the requirements for certain development projects to mitigate their impacts on City traffic; requiring the Department of Transportation to review certain development projects; defining certain terms; designating certain areas to be Traffic-Mitigation Zones; providing for payments in lieu of Traffic-Mitigation studies; establishing how these payments are to be calculated; creating certain exceptions; authorizing certain traffic-mitigation projects; and generally relating to the requirements and procedures for building and zoning code permits and authorizations.

RECOMMENDATION: Amendment and Approval, with the following amendment:

• That the Planning Commission adopts the attached amendments proposed by the Department of Transportation.

STAFF: Eric Tiso

PETITIONER: The Administration (Department of Transportation)

HISTORY

• Ordinance #06-345 (CCB# 06-0360) was enacted November 8, 2006 modified the Building, Fire, and Related Codes and the Zoning Code to create the requirements for a Traffic Impact Study (TIS) for certain projects City-wide.

CONFORMITY TO PLANS 
This action is compatible with the City’s Comprehensive Master Plan, LIVE section, Goal 3: Improve Transportation Access, Accessibility and Choice for City Residents, Objective 2: Facilitate Movement throughout the Region – specifically the strategy “Establish a development mitigation program to reduce congestion effects of new development” that helped create the TIS program.

ANALYSIS 
Purpose: This bill, at the request of the Department of Transportation (DOT), creates a new section in Chapter 38 of the Building Code that creates Traffic-Mitigation zones (note: sub-zones will be created later by DOT regulations). It amends existing provisions in the Zoning Code concerning traffic mitigation to reference these Traffic Mitigation zones, and generally to establish procedures for administering the Traffic Mitigation program.

Effects of the Bill:

• Amends and clarifies text within §105 of the Building Code concerning permit referral procedures.
• A new Chapter 38 is created in the Building, Fire and Related Codes, that: 
  o Outlines definitions within the chapter;
  o Sets the scope of the program (i.e. the triggers);
  o Authorizes the Department of Transportation (DOT) to establish rules and regulations (outlining how trips are calculated, how/when the impact area may be increased to a 1 mile radius, creation of a schedule of fees, usage categories, and the designation of sub-zones, etc.);
  o Outlines how Traffic-Impact Studies are conducted and their payment;
  o Creates Traffic-Mitigation zones, and requires approval of a 10-year plan for each zone to be approved by the Planning Commission every five years. 
  o Creates a fee for each trip generated by the project, in a schedule of fees to be set by the Board of Estimates (BoE), in consultation with the Director of DOT. These estimated trip numbers are calculated based on ITE guidelines (an industry standard).
  o Outlines Trip-Generation credits, their use, limits and cancellation. As a part of these credits, the bill creates a process for the City and property owners (and binding their successors) to create an agreement to maintain the conditions that enabled credits to be granted. 
  o Allows for installment payments, spread over five years, for fees over $50,000.
  o Specifies how the fees collected should be used. It allows up to 33% of the improvements to be used “for minor site access improvements including turning lanes, acceleration/deceleration lanes, traffic signals, or similar improvements.” It also requires an annual report detailing the program revenues and expenditures for each zone. 
  o Creates an enforcement process for violations of this program.
  • Relevant sections of the Zoning Code (Titles 2, 13, 14, 16) are amended to point to the new Chapter 38, and to revise the triggers for traffic mitigation to match the new procedures.
  • The City Charter, Article II, Subtitle 40 Environmental Control Board is amended to create a fine for traffic-mitigation violations of $500.

DOT Amendments: Since the introduction of the bill, the DOT staff has been further refining their needs, and has found several modifications that will improve the quality of this bill. They have provided Planning staff with a list of amendments to the bill, and they would appreciate Planning Commission consideration of those modifications. Attached to this staff report is the list of amendments for the Commission’s consideration. 
Staff Notification: Staff notified 408 community organizations of today’s hearing.

REQUEST: City Council Bill #10-0633 / Urban Renewal – York-Woodbourne Business Area – Amendment:

For the purpose of amending the Urban Renewal Plan for the York-Woodbourne Business Area to reauthorize the acquisition of properties within the Project Area; 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:

• In Section C. Project Proposals, that the first paragraph is amended to read as follows:

C. PROJECT PROPOSALS
1. Property Acquisition
a. Properties Within the Project Area (Including Parts Thereof or Interests Therein) Will be Acquired for the Following Purposes:
(1) Clearance and Redevelopment
Properties to be acquired, BY PURCHASE OR BY CONDEMNATION, for clearance and redevelopment are identified on the Property Acquisition Map, Exhibit 2.
(2) Public Improvement
Properties to be acquired, BY PURCHASE OR BY CONDEMNATION, for provision of public improvement are also identified on the Property Acquisition Map, Exhibit 2.
b. THE AUTHORITY TO ACQUIRE THE PROPERTIES WITH THE PROJECT AREA IS EXPRESSLY CONFIRMED AND REAUTHORIZED THROUGH AD INCLUDING DECEMBER 31, 2014.
STAFF: Melvin Hicks

PETITIONER: Councilman Bill Henry

HISTORY

• The York-Woodbourne Business Area Urban Renewal Plan (URP) was established by Ordinance No. 650, dated June 13, 1974.
• The latest amendment was Amendment No. 7, dated October 18, 1989, approved by the Mayor and City Council of Baltimore by Ordinance No. 767, dated June 28, 1989.

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 this urban renewal plan (URP) is necessary in order to reauthorize the each URP’s powers of acquisition and condemnation. With this reauthorization, property acquisition 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 this URP is being amended, there is also one technical amendment that is needed to align the text with other URPs to ensure better, more consistent administration, and operation of this urban renewal plan.

Effects of the Bill: This bill amends the URP to include the express reauthorization of the acquisition authority for the next four year period, and aligns the expiration date with similar URPs the Planning Commission recently reviewed. This change 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. Planning staff recommends that technical language is also added in the same section C of the Urban Renewal Plan. This change, specifying the specific means by which the City can acquire property under this authority, is necessary for clarity and will make the plan easier to administer. Planning staff recommends that the section is amended to read as follows: 

C. PROJECT PROPOSALS
1. Property Acquisition
a. Properties Within the Project Area (Including Parts Thereof or Interests Therein) Will be Acquired for the Following Purposes:
(1) Clearance and Redevelopment
Properties to be acquired, BY PURCHASE OR BY CONDEMNATION, for clearance and redevelopment are identified on the Property Acquisition Map, Exhibit 2.
(2) Public Improvement
Properties to be acquired, BY PURCHASE OR BY CONDEMNATION, for provision of public improvement are also identified on the Property Acquisition Map, Exhibit 2.
b. THE AUTHORITY TO ACQUIRE THE PROPERTIES WITH THE PROJECT AREA IS EXPRESSLY CONFIRMED AND REAUTHORIZED THROUGH AD INCLUDING DECEMBER 31, 2014.
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 within the various 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 notified The Homeland Association, Mid-Govans Community Association, North Baltimore Neighborhood Coalition, Radnor Winston Improvement Association, Villages of Homeland East, Villages of Homeland West, Baltimore Development Corporation, and the City Council representative of this action.

REQUESTS:

• City Council Bill #11-0677/Zoning – Conditional Use Parking, Open Off-street Area – 4410 Pall Mall Road
• City Council Bill #11-0678/Zoning – Conditional Use Housing for the Elderly – 4309-4311 Pimlico Road

RECOMMENDATION:

• City Council Bill #11-0677: Approve
• City Council Bill #10-0678: Amend and approve:
• Amend the preamble to reflect the correct property addresses and;
• Amend to include a variance from the required rear and side yard.

STAFF: Kenneth Hranicky

PETITIONER(S): Park Heights Renaissance, Inc., And Comprehensive Housing Assistance, Inc.

OWNERS: Mayor and City Council

GENERAL/SITE AREA
General Area: The area is located in the Greenspring neighborhood. It is predominantly residential with a mix of row houses, detached homes and multifamily structures with community building (e.g. community centers, churches). There are bus stops two blocks away on Cold Spring Lane or Park Heights Avenue.

Site Conditions: There are two properties that abut each other separated by a 15-foot alley. The property known as 4410 Pall Mall Road (Block 3349 Lot 35/36 is approximately 16,133 square feet measuring ±110 feet along Pall Mall Road with side yard ±147 feet long. This site has no structures but a parking pad remains from a previous development. The property known as 4309-4311 Pimlico Road (Block 3349 Lot 18/19) is ±33,648 square feet measuring ±160 feet along Pimlico Road with side yard ±209 feet in length. It also has no structures but a parking pad remains from a previous development. An existing garage located on Lot 38 of Block 3349 encroaches upon northern portion of the 4309-4311 Pimlico Road property. The owners of this garage will be given an easement for that structure to remain in place.

CONFORMITY TO PLANS
This project is compatible with the Comprehensive Plan’s LIVE section, Goal 1: Build Human and Social Capital by Strengthening Neighborhoods, Objective 1: Expand Housing Choices for all Residents. These properties are also located in the Park Height Urban Renewal Plan area. The conditional use ordinances are consistent with the Objectives and Reason found in the Plan specifically: b. to eliminate blight and deterioration through clearance and redevelopment and d. To provide a variety of modern, urban housing products for diverse economic groups. This area also lies within the Park Heights Master Plan and is consistent with the Plan’s vision for Safe and Affordable Housing.

HISTORY

• Ordinance 08-0158, approved December 11, 2008, established the Park Heights Urban Renewal Plan.
• Park Heights Master Plan adopted by the Planning Commission February 2006 and amended September 2008.

BACKGROUND
The site was home to a Pall Mall Apartments, a failed FHA property that HCD acquired through a foreclosure utilizing monies from the City’s affordable housing program. Park Heights Renaissance, Inc., and Comprehensive Housing Assistance, Inc. partnered to seek HUD 202 grant for low income elderly residents. Not only is the conditional use ordinance needed to establish the proposed elderly housing project, but it also helps the development team to score points for this competitive grant program that is awarding ‘shovel-ready’ projects.

ANALYSIS
The properties are south of West Cold Spring Land and east of Park Heights Avenue in northwest Baltimore. The proposal is to construct 60 units of Housing for the Elderly on Lot 18/19 with an off-street parking lot on Lot 35/36. There will be (8) ADA accessible units along with a community activity area. There will be 30 parking spaces provided with 26 on Lot 35/36 and four spaces (2 handicapped) at the main entrance. The required parking is 15 spaces.

The proposed building is located on Block 3349 Lot 18/19 which shape is not square but is a parallelogram that is bent slightly on the angle. The east corner of the building does encroach into the rear and side yard setbacks and a variance is required for the building to remain as reviewed by this Department. The required setbacks are 15 feet for the interior side yard and 25 feet for the rear yard. The eastern corner of the building is located approximately 11 feet from the side yard and 17 feet from the rear property line. Due to the irregular shape of the parcel, from that eastern point of the building the building moves further away from the property lines until it meets the requirements. Staff is asking that the CCB #11-0678 be amended to include a variance for the side yard setback to be 11 feet and the rear yard setback to be 17 feet. Zoning Code §15-218 and §15-219 lists the required findings for variances. Staff finds that because of the particular shape of the lot, and the dimensional requirements of the site to include drive aisles would result in practical difficulty if strict letter of the setback requirement were enforced (§15-218). Staff, in accordance with §15-219, also finds that:

1. The conditions on which the application is based are unique to the property (irregular shape) for which the variance is sought and are not generally applicable to other property within the same zoning classification;
2. The practical difficulty is not caused by this article and has not been created by the intentional action or inaction of any person who has a present interest in the property; 
3. The purpose of the variance is not based exclusively on a desire to increase the value or income potential of the property as it is an affordable housing project;
4. The variance will not be injurious to the use and enjoyment of other property in the immediate vicinity as the applicant will be providing adequate screening along the side yard and the rear of the property is buffered by a 15-foot alleyway and the neighboring property to the rear is a detached single family home that has a backyard over 50 feet in depth. This variance will not substantially diminish and impair the property values in the neighborhood as it is new construction that the site design and aesthetics have been properly vetted by the Site Plan Review Committee and the Urban Design and Review Panel;
5. The variance will not impair an adequate supply of light and air to adjacent property as the setback faces towards the south. It does not overcrowd the land as the setback requirement is only for a portion of the building (southeast portion). It will not create an undue concentration of population as it is replacing a prior multifamily complex and it will not substantially increase the congestion of the streets as the project is to serve housing for the elderly that has low traffic requirements. Review of SPRC has shown that it will not create hazardous traffic conditions. It will not adversely affect transportation since it has not altered the nature of prior use (i.e. multifamily housing). The proposal will not unduly burden water, sewer, school, park, or other public facilities. The nature of the proposal (elderly housing) has very limited demands on these facilities. The proposal will not increase the danger of fire or otherwise endanger the public safety.
6. The variance is not precluded by and will not adversely affect the Park Heights Urban Renewal Plan or the Park Heights Master Plan.
7. The variance will not otherwise be detrimental to or endanger the public health, security, general welfare, or morals; or in any way be contrary to the public interest;
8. The variance is in harmony with the purpose and intent of this article; and
9. Within the purpose and intent of this article, the variance granted is the minimum necessary to afford relief, to which end a lesser variance than that applied for may be permit.

The building’s main entrance is off of Pimlico Road, a one-way street. From Pimlico Road there will be a two-way drive aisle to access the internal vehicle drop off as well as the parking lot across the alley. That portion of the building that fronts Pimlico Road will have a fenced grass buffer and a porch. A masonry wall and landscaping will screen the parking spaces from Pimlico Road. This Pimlico Road side of the building will have a sidewalk that will lead to a porch and an electronically controlled entrance for residents with a key-bob.

Site Plan Review: Applicant went through SPRC on April 13, and received preliminary approval subject to satisfying Committee comments and stormwater management concept plan approval.

UDARP: Applicant presented to UDARP, for discussion, on April 14th.

Forest Conservation: Development is subject to Forest Conservation Requirements.

Traffic Impact Study: A traffic impact study may be required. A letter has been sent to the Department of Transportation to make this determination.

Housing for the Elderly and Off-street Parking requires a conditional use ordinance (Zoning Code §4-904).

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

1. The establishment of this elderly housing facility at 4309-4311 Pimlico Road and the Off-street parking at 4410 Pall Mall Road, in terms of location, maintenance, and operation of the conditional use will not be detrimental to or endanger the public health, security, general welfare or morals. The operation of an elderly housing facility will not create undue stress on community resources and is consistent with the City Master Plan, Park Heights Urban Renewal Plan, and the Park Heights Master Plan in providing housing choices for all people.
2. That the proposed use is not in any way precluded by any other law.
3. The authorization of this conditional use is not contrary to the public interest.
4. The authorization is in harmony with the purpose and intent of

In advance of a hearing on this matter, staff notified the following community groups: Northwestern District Police-Community Relations Council, Development Corporation of Northwest Baltimore-(TDC), The Pimlico Terrace Community Association, Northwest Zoning Committee, Garrison Restorative Action and Community Empowerment, Southwest Community Action Center, Fellowship Outreach Corporation, Inc., and Park Heights Renaissance, Inc.

REQUEST: Street Closing/Closing A Portion Of Wirton Street And A 10 Foot Alley

RECOMMENDATION: Approval, subject to comments from the Department of General Services.

STAFF: Kenneth Hranicky

PETITIONER: Department of General Services

OWNER: Mayor and City Council

SITE/GENERAL AREA: 
Site Conditions: The right-of-ways to be closed are located within the Johnston Square neighborhood area. The right-of-ways are a portion of Wirton Street and a 10 foot alley from Hoffman Street southerly to a 10 foot alley north of Preston Street. That portion of Wirton Street to be closed is approximately 250 feet in length and 40 feet wide and extends from Hoffman street south 250 feet. The proposed alley closing lies between Greenmount Avenue and Wirton Street. The alley is approximately 250 feet in length and is 10 feet wide. Together they occupy approximately 12,350 square feet.

General Area: The area is characterized by a mix of uses. To the immediate north is Greenmount Cemetery. To the east and south are residential homes and to the east is industrial. A railroad tunnel lies underneath a portion of the property along the northern edge. The ROW to be closed is located in R-8 zoning district. The area lies within the Johnston Square Urban Renewal Area.

HISTORY

• Ordinance Number 78-357, approved June 27, 1977, established the Johnston Square Urban Renewal Plan.
• Amendment No. 1, dated January 25, 1978 and revised March 29, 1978, approved by the Mayor and City Council of Baltimore by Ordinance No. 703, dated April 25, 1978.
• Amendment No. 2, dated April 9, 1979, approved by the Mayor and City Council of Baltimore by Ordinance No. 1110, dated June 27, 1979.
• Amendment No. 3, dated December 16, 1980 and revised April 6, 1981, approved by the Mayor and City Council of Baltimore by Ordinance No. 342, dated June 19, 1981.
• Amendment No. 4, dated July 19, 1982, approved by the Mayor and City Council of Baltimore by Ordinance No. 771, dated September 1, 1982.
• Amendment No. 5, dated September 24, 1985 and revised November 1, 1985, approved by the Mayor and City Council of Baltimore by Ordinance No. 569, dated December 13, 1985.
• Amendment No. 6, dated March 3, 1988, and revised June 9, 1988, approved by the Mayor and City Council of Baltimore by Ordinance No. 146, dated July 6, 1988.
• Amendment No. 7, dated June 11, 1990, approved by the Mayor and City Council of Baltimore by Ordinance No. 702, dated May 13, 1991.
• Amendment No. 8, dated April 27, 1993, approved by the Mayor and City Council of Baltimore by Ordinance No. 294, dated February 14, 1994.
• Amendment No. 9, dated December 5th, 2002, approved by the Mayor and City Council of Baltimore by Ordinance No. 456, dated December 19, 2002.

CONFORMITY TO PLANS
The proposal to close the alleys is compatible with LIVE Goal 1, Objective 2: Strategically Redevelop Vacant Properties throughout the City. This area is located in the Johnston Square Urban Renewal Plan area. The closing of the streets are in conformance with this Plan.

ANALYSIS
The Department of Housing and Community Development has requested the closing of Wirton Street and alley way to consolidate this area with other adjoining City-owned properties into one lot for the construction of affordable housing. This project involves the construction of a four-story apartment building with 74 units, in a mix of one-, two- and three-bedroom units, to be known as the Lillian Jones Apartments. Affordable will be 50% or below of median income.
14 units will be reserved for non-elderly persons with disabilities, and 8 units will be reserved to meet the Uniform Federal Accessibility Standards. Developer anticipates breaking ground November – December 2011. The project area is comprised of City-owned properties that are being transferred to the developer through a Land Disposition Agreement. The site is bounded by Greenmount Avenue on the west, East Hoffman Street on the north, Proctor Street on the east, and a 10’ alley (north of East Preston Street) on the south. A sanitary line will be relocated to an area along Greenmount Avenue under the sidewalk to allow for this proposed building.

It is staff’s finding that this street and alley are not needed to provide access to adjacent properties. Thus, the subject street and alley are no longer needed for public purposes and can be closed; the right-of-ways declared surplus property and sold.

In advance of today’s hearing on this matter, staff mailed the East Baltimore Community Corporation, Inc., Eastern District Police-Community Relations Council, Herring Run Watershed Association and the Johnston Square Community Development Corporation notification of this action.

8. FINAL DESIGN APPROVAL/SILO POINT PUD – OUTDOOR TABLE 
SERVICE AT 1700 EAST BEASON STREET

On October 20, 2005 the Planning Commission approved a Minor Amendment and Final Design Approval for the Grain Elevator and Silo Buildings within the Silo Point PUD. This allowed the residential and retail project to be constructed as it appears today.

The Turner Development Group, representing a restaurant tenant in the ground floor of the Grain Elevator Building, has submitted a plan for outdoor table service associated with the restaurant. Per the Silo Point PUD Ordinance #04-697 “Outdoor table service accessory to a restaurant is permitted in Area B, but no off premise sale of alcoholic beverages is allowed.” The area under consideration is within Area B. The plans show the location to be under the southeast corner of the building within an outdoor area. In a correspondence dated April 15, 2011, Patrick Turner, president of Turner Development Group, communicated “Our condo documents restrict any loud activity outside all of the commercial spaces, 11 PM is cut-off.”

The Silo Point Community Association has submitted a letter of support for this request.

Recommendation: Approval