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

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1 PLANNING COMMISSION THE CITY OF FREDERICK MAYOR AND BOARD OF ALDERMEN ORDINANCE NO: G LEGISLATIVE HISTORY PUBLIC HEARING: September 11, 2018 October 8, 2018 RECOMMENDATION SUBMITTED TO MAYOR & BOARD: October 22,2018 MAYOR & BOARD OF ALDERMEN WORKSHOP: October 31,2018 PUBLIC HEARING: December 6,2018 AN ORDINANCE concerning the rezoning of B&O Avenue FOR THE PURPOSE of arnending the official zoning maps to rezone certain parcels located on B&O Avenue from Light Industrial (M1) to Downtown Commercial/Residential (DB). BY repealing and reenacting, with amendments, Section 402 Appendix A, "Land Management Code" The Code of the City of Frederick, 1966 (as amended) WHEREAS, the Land Management Code (LMC) of The City of Frederick (the "City") incorporates by reference the official zoning maps; and WHEREAS, the official zoning rnaps indicate that the six parcels of land identified as 155 through 165 B&O Avenue and consisting of 0.55 acres, more or less (collectively, the "Property") is zoned M 1; and WHEREAS, on or about June 25, 2018, the owner of the Property submitted an application to amend the official zoning maps to rezone the Property from M 1 to DB; and WHEREAS, the Planning Commission held duly advertised public hearings on September 11, 2018 and October 8, 2018; and WHEREAS, at the conclusion of the October 8, 2018 public hearing, the Planning Commission recommended that the Board of Aldermen rezone the Property from M1 to DB; and WHEREAS, on December 6,2018, having received the recommendation of the Planning 1

2 Commission, the Board of Aldermen held a duly advertised public hearing on the proposed rezoning of the Property; and WHEREAS, in accordance with Section 306 of the LMC, and based upon review and consideration of the application materials, staff reports, and all other testimonial and documentary evidence, the Board of Aldermen hereby finds as follows: 1. That the rezoning of the Property to DB will render the existing uses on the Property as conforming and will allow for increased density of development to the extent that redevelopment of the Property is not constrained by the provisions of the Historic Preservation Overlay (HPO) district; 2. That that site is located in the downtown area of the City and is served by existing public facilities and services, including but not limited to water, sewer, roads, life safety and emergency services; 3. That due to the constrained nature of the downtown, major future road improvements are not practical and therefore, present and future transportation patterns will be more heavily focused in these areas on increased pedestrian, bicycle, and transit accessibility. The DB zoning district will allow a greater variety of land uses to contribute to an environment that will support these alternative modes of transportation; 4. That the rezoning of the Property to DB is compatible with surrounding densely developed residential uses as well as nonresidential uses; 5. That while the land use map of the 2010 Comprehensive Plan designates the Property as light industrial, the Property is adjacent to mixed use areas and rezoning the Property to be consistent with those adjacent areas is compatible with the narrative of the Comprehensive Plan in supporting Land Use Policies 1 and 11, Municipal Growth Policy 1, and Heritage Resource Policy 5, and the implementation strategies incorporated therein; 6. That under Section 306 of the LMC, the Board of Aldermen may grant an individual rezoning based on a finding that there is a mistake in the existing zoning classification of the property; 7. That the Planning Commission determined that the property owner provided sufficient evidence to show that a mistake was made when the Property was rezoned to M1 - specifically, that there was no recognition of the conflicting nature of the impositions of the HPO and the regulatory limitations placed on nonconforming uses recognized at that time and that the Board of Aldermen would not have purposely rezoned the Property to maintain this regulatory conflict; and 8. That the Board of Aldermen has considered the foregoing determination by the Planning Commission and hereby accepts it, concluding that there was a mistake made by rezoning the Property to M 1 during the 2005 comprehensive rezoning of the Property, which mistake was perpetuated and made again by maintaining such zoning during the 2013 comprehensive rezoning. 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 2

3 Frederick, 1966 (as amended), Appendix A, Land Management Code, Section 402, be repealed and reenacted, with amendments, by revising the official zoning maps by rezoning the six parcels located at 155 through 165 B&O Avenue from Light Industrial (M1) to Downtown Commercial/Residential (DB), while retaining the Historic Preservation Overlay (HPO) zone and the Carroll Creek Overlay (CCO) zone, as shown on Exhibit A, attached hereto and incorporated herein by this reference. SECTION II. AND 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 III. AND BE IT FURTHER ENACTED AND ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN THAT this ordinance shall take effect on December 16, 2018, 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: December 6,2018 PASSED: December 6,2018 Michael C. O'Connor, President, Board of Aldermen Approved for Legal Sufficiency: JdM City Attorney 3

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