BY repealing and reenacting, with amendments,

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1 ORDINANCE NO. G AN ORDINANCE concerning the rezoning of the Renn Farm Property FOR TH E PURPOSE of amending the Official Zoning Maps to place the Mixed Use Floating Zone (MU-2) on the property located at 1317 Hughes Ford Road (commonly known as the Renn Farm) while retaining the Airport Overlay (AO) BY repealing and reenacting, with amendments, 402 Appendix A, "Land Management Code" The Code of the City of Frederick, 1966 (as amended) WHEREAS, the City's "Land Management Code" (LMC) incorporates by reference the Official Zoning Maps; and WHEREAS, LMC 417 states that the primary objective for a property developed under a Mixed Use zoning district is to provide a combination of uses including residential and nonresidential uses; and WHEREAS, in October of 2014, Renn Family Investments, LLLP and Matan Acquisitions, Inc. applied for a zoning m'ap amendment to rezone the property located at 137 Hughes Ford Road, known as the Renn Farm Property (the "Property"), currently zoned Light Industrial (M1), to the Mixed Use (MU -2) Floating Zone, while retaining the Airport Overlay (AO) zone, accompanied by a master plan application as required by 417 of the LMC; and WHEREAS, the Planning Commission held duly advertised public hearings on the proposed rezoning of the Property on June 8, 2015 and July 13, 2015 and; WHEREAS, at the conclusion of the July 13, 2015 public hearing, the Planning Commission recommended that the Board of Aldermen apply the MU-2 zone, with certain conditions; and WHEREAS, on September 17, 2015, the Board of Aldermen held a duly advertised public hearing for the purpose of evaluating conditions proposed to be imposed as part of the rezoning in accordance with LMC 307; and WHEREAS, by letter dated September 18, 2015, Matan Acquisitions, Inc. formally accepted the conditions as proposed; and WHEREAS, on October 1, 2015, having received the recommendation and findings of the Planning Commission, the Board of Aldermen held a duly advertised public hearing on the proposed rezoning of the Property; and WHEREAS, in accordance with LMC 306, the Board of Aldermen reiterates the Planning Commission's findings and, based on review and consideration of the application materials, Staff reports and all testimonial and documentary evidence, hereby finds: 1

2 1. That the proposed development under the new zoning classification will provide housing opportunities needed to support population growth within Tier 1 as described in the Municipal Growth Element of the 2010 Comprehensive Plan. 2. That existing infrastructure has been evaluated to determine if it is adequate to support the proposed development and where it has been found to be inadequate, mitigation will be provided to provide adequacy in accordance with the applicable regulations. 3. That through a combination of construction and contributions to future road improvements, the present and future transportation patterns can support the proposed development and positive improvements will result from the completion of the project with regards to pedestrian/bicycle infrastructure and the internal road network. 4. That with the implementation of the conditions of approval as recommended below, the proposed rezoning is compatible with neighboring and surrounding land uses (existing and proposed), including the Frederick Municipal Airport. 5. That the proposed. rezoning is consistent with the goals and policies of the Comprehensive Plan, including but not limited to Land Use Policy 2, Land Use Policy 8, Transportation Element 3, and Community Character and Design Element 2, as well as objectives of the East Frederick Rising planning initiative. 6. That the concern is a generational difference and the proposed development provides a community in keeping with Frederick's future. SECTION I. NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF FREDERICK, that The Code of the City of Frederick, 1966 (as amended), Appendix A, Land Management Code, 402, be repealed and reenacted, with amendments, by revising the Official Zoning Maps by applying the Mixed Use (MU-2) Floating Zone to the Property while retaining the Airport Overlay (AO) zone, as shown on Exhibit A, attached hereto and incorporated herein by this reference. SECTION II. BE IT FURTHER ENACTED AND ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN, that the application of the MU-2 floating zone as described above is subject to the following conditions: 1. That the property owner dedicate the entire area delineated as floodplain on the preliminary subdivision plat to the City A. The property owner may plant required Forest Conservation Ordinance plantings in the dedicated area, in accordance with the prescribed process and necessary approvals. B. The property owner may construct stormwater management facilities in the dedicated area, in accordance with the prescribed process and necessary approvals. 2. That the property owner will fully construct the Shared Use Path from Monocacy Boulevard to Highland Street, including the portion running adjacent to Husky Park, as depicted on the Master Plan and will enter into all easements/agreements necessary for its completion. 2

3 3. That all afforestation shall be required onsite due to the amount that is deemed priority area with afforestation within any required public parkland dedication subject to Board of Aldermen approval. 4. That the property owner enter into an agreement with the City for the completion of the necessary widening and reconfiguration of Monocacy Boulevard between the southern property line and East Patrick St. The agreement must address issues such as right of way acquisition, maintenance, and financing. 5. That the area shown on Master Plan PC14-913MU in the northernmost portion of the "regional open space" that coincides with the Runway Inner Safety Zone shall not be improved, developed, or disturbed in any manner which creates either a passive or active area where people will congregate. In addition, any stormwater management facilities in this area shall be located underground and there shall be no plantings of any kind. The specific area in the Runway Protection Zone (RPZ) shall not be used for afforestation/forest conservation requirements. 6. That residential uses are prohibited on the portion of the Property located east of Monocacy Boulevard, as depicted on Master Plan PC14-913MU as neighborhood center. 7. That no portion of any residential structure or residential accessory structure shall be permitted within one quarter (1/4) mile of the runways at FOK as measured from the nearest portion of the runway to the exterior of the closest residential structure. This restriction does not prohibit construction or location of infrastructure that supports residential uses in compliance with LMC 419, such as parking lots, forests, ESO, and other uses that are not dwelling units. SECTION III. BE IT FURTHER ENACTED AND ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN, that in the event any provision, section, sentence, clause or part of this Ordinance shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this Ordinance, it being the intent of the City that such remainder shall be and shall remain in full force and effect. SECTION IV. BE IT FURTHER ENACTED AND ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN, that this Ordinance shall take effect on October 11, 2015, and all other ordinances or parts of ordinances inconsistent with the provisions of this Ordinance will as of that date be repealed to the extent of such inconsistency. APPROVED: October 1,2015 PASSED: October 1, 2015 Randy, cclement, President, Board of Aldermen Approved for Legal Sufficiency: 3

4 ~~ City Attorney 4

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October 8, Section 402 Appendix A, "Land Management Code" The Code of the City of Frederick, 1966 (as amended)

October 8, Section 402 Appendix A, Land Management Code The Code of the City of Frederick, 1966 (as amended) PLANNING COMMISSION THE CITY OF FREDERICK MAYOR AND BOARD OF ALDERMEN ORDINANCE NO: G-18-27 LEGISLATIVE HISTORY PUBLIC HEARING: September 11, 2018 October 8, 2018 RECOMMENDATION SUBMITTED TO MAYOR & BOARD: