Westminster Planning & Zoning Commission

CITY OF WESTMINSTER PLANNING AND ZONING COMMISSION MEETING SUMMARY Thursday, December 14, 2017, at 7 PM City Hall, 1838 Emerald Hill Lane A meeting of the City of Westminster Planning and Zoning Commission was held at City Hall, 1838 Emerald Hill Lane in Westminster, Maryland 21157, on December 14, 2017, at 7 PM. Chair Peggy Bair, Council Member Benjamin Yingling, Commissioner Kevin Beaver, and Commissioner Lori Welsh-Graham were present. City staff Andrew Gray, Bill Mackey, and Samantha Parthree were present. Also, Mayor Joe Dominick and City staff Barbara Sardi were present as members of the public. The following were present and signed-in: Sean Davis, Melissa Clark, Tamara Miller, Shanna and Matthew Keel, Dwight Ricker, Diane Davison, Marjorie A. Conner, Tony Frazetti, Joe Dobry, Matt Giordano, Kelly Shaffer, Nancy L. Frick, Joseph Freed, Laurie McClelland, Bob Myers, and Dave Ketterman. There were other members of the public present; however, they did not sign in. Chair Peggy Bair opened the meeting at 7:02 PM. Chair Peggy Bair requested a change to the minutes of November 9, 2017, to include small homes in the list of residential uses for development and redevelopment in the downtown area and Commissioner Rio’s statement that he would send additional comments to Mr. Gray after the conclusion of the meeting. Chair Peggy Bair requested a motion to approve the minutes from November 9, 2017, with the requested edits. Commissioner Welsh-Graham moved approval. Council Member Yingling seconded. The motion passed. Chair Peggy Bair opened discussion of Old Business – Report and Recommendation on ZMA 17-01. Mr. Mackey summarized the staff memo, stating that the item is ready for a formal vote and approval. Chair Peggy Bair requested a motion to approve ZMA 17-01. Commissioner Welsh-Graham requested postponing the vote due to Commissioner Rio’s absence. Chair Peggy Bair tabled the vote until the January meeting to allow time for additional review by Commissioner Beaver. Chair Peggy Bair introduced Item A – County Liaison Report. There were no formal items to be reported. Chair Peggy Bair opened a public hearing at 7:07pm for Item B – Proposed Rezoning for Medical Cannabis Dispensary at 700-K Corporate Center Court. Mr. Mackey gave an overview of the staff report, stating that the applicant was in the stage two process of the State’s application and was requesting approval for the dispensary location within the Medical Cannabis Overlay Zone. Ms. Kelly Shaffer, attorney for the applicant, stated that the medical cannabis industry is heavily regulated by State of Maryland. The City of Westminster designated a specific area for the overlay zone, and this would apply to only one suite within the building at 700 Corporate Center Court. The applicant expects the same amount of foot and vehicle traffic as a standard pharmacy. Ms. Shaffer concluded by opining that applicable requirements in the City Code had been met. Diane Davison, applicant and owner of DLD Enterprises, LLC, stated that she chose the site because of familiarity with the area. She intends to hire an experienced management company until such time as she is confident in operating it herself, and intends to have five employees. State inspections are both announced and unannounced during the entire time the dispensary is open. She also explained the office layout, including security levels throughout, and stated there would be no growing or processing of product on site. Council Member Yingling asked from where the management team would be recruited. Ms. Davison stated that there were certified groups available within the State. Council Member Yingling asked from where employees would be recruited. Ms. Davison stated there would be an open job listing and applicants would be vetted by drug testing, FBI background checks, and additional security and background investigations by DLD Enterprises, LLC. Council Member Yingling asked what type of merchandise would be sold at the dispensary. Ms. Davison listed utensils and apparatus for using the product and other, non-medical items. Commissioner Beaver asked for clarification on what part of the building would fall under the overlay. Ms. Shaffer stated that only a portion of Suite K, location of the dispensary, was included in the request for the rezoning. Commissioner Beaver asked what activities would go on within the public area of the office. Ms. Davison stated that the public area was a waiting room, bathroom, and merchandise sales only. Chair Peggy Bair asked if there would be onsite security personnel. Ms. Davison stated that the multiple security systems were sufficient for the State requirements, and a security guard was not a requirement. Chair Peggy Bair asked if the dispensary could be free-standing due to vault security. Ms. Davison stated that the product vault would be entirely located within the interior and not adjacent to any exterior walls. Commissioner Welsh-Graham requested a specific list of items that would be for sale in the public area. Ms. Davison was unsure of an entire list, but stated there would be product-related and promotional items. PUBLIC COMMENT  Matthew Keel, 721 Snowfall Way, stated concern about the walking trail and Community Pond Park in close proximity to the proposed location. He questioned the regulations on distance from public parks and why this location was chosen over others. Ms. Shaffer answered that the location meets all State requirements, and it is one of only two available sites in Carroll County that meets the applicant’s needs.  Shanna Keel, 721 Snowfall Way, asked about other state’s regulations on distance from public parks and how this location compares. Ms. Shaffer stated that she could not answer regarding the requirements in other states; the requirements for Maryland were met.  Marjorie Conner, 725 Snowfall Way, stated concern over the wooded area behind the proposed location being a problematic area for local police. She was also concerned about items for sale. Ms. Conner added that home property values may decrease as a result of being in close proximity to the dispensary, in addition to questioning whether a grower and processor could also rent space within the same building. Page 2 of 4  Tony Frazetti, 189 Wyndtryst Drive, spoke as a patient’s advocate in favor of the proposed rezoning and asked for a possible site opening date. Ms. Davison was hopeful to open in spring 2018. Mr. Frazetti asked what the purpose was for the pharmacist or consultant on site. Ms. Davison stated that patient consultation is required as part of the prescription process.  Joe Dobry, 2800 Belhaven Road, asked about the timeframe for opening the dispensary and being able to purchase the product. He shared his personal experience with medical cannabis patients. He was also in favor of the rezoning.  Matt Giordano, 4863 Millers Station Road, Hampstead, spoke in favor of the rezoning and asked how the decision was made on what types of cannabis and the amount to prescribe. Ms. Davison stated that patient counselors on site provide advice based on symptoms the patient is experiencing.  Nancy Frick, 811 Snowfall Way, stated that her home is located directly behind the proposed location and it is a difficult area for regular security checks by local police.  Joe Freed, 2706 Jeffrey Lori Drive, Finksburg, urged approval of this rezoning so that patients could receive necessary medication.  Mr. Dobry suggested that local police be involved to advise the public on how the situation would be handled by their departments.  Ms. Conner requested a clearer map of the overlay area be provided. Mr. Mackey stated that he could provide a high-resolution pdf map in addition to the GIS map currently available on the City’s website.  Laurie McClelland, 709 Snowfall Way, stated that although she empathized with the patients, she had concerns about the wooded area behind the building concealing illegal activities.  Bob Myers, 101 Willis Street, asked why this location was chosen instead of in a medical center or near the hospital. Ms. Shaffer stated that the overlay zone adopted by the Mayor and Common Council dictates what areas can be used and are primarily zoned Industrial.  Dave Ketterman, 701 Snowfall Way, expressed concerns about citizen comments bearing impact on the matter, in addition to the location being too close to a residential area and public park.  Ms. Conner stated additional concerns over the taxpayer cost to county and state inspectors going out to the site. Council Member Yingling abstained from voting, since the item would also be heard before the Mayor and Common Council at an upcoming date. Chair Peggy Bair asked if the property owner would install fencing on the residential and park side of the building to alleviate privacy issues. Bryan Ditto, on behalf of the property owner, stated that it is a possibility, if deemed necessary. Ms. Shaffer added that the State has extensive requirements for the location of a dispensary and fences are not required. She added that current safety concerns for the area being expressed now, prior to a dispensary being located in the area, should be addressed separately. Clark Shaffer described standard daily activity for the dispensary as an appropriate land use and not harmful to the area. Page 3 of 4 Commissioner Welsh-Graham asked if anything medical, not related to the dispensary, would be sold in the merchandise section, such as aspirin. Ms. Davison responded no. Commissioner Welsh-Graham added that both the residential walking trail and Community Pond Park are in the County and on publicly-owned land. Commissioner Welsh-Graham motioned to leave the public record open until December 21, 2017, to receive additional comments. Council Member Yingling abstained from voting due to the matter going before the Mayor and Common Council. Commissioner Beaver seconded and the motion passed with one abstention. Chair Peggy Bair stated that the vote would occur during the January meeting. Chair Peggy Bair opened discussion on Item V – Informal discussion for proposal at 118 West Main Street (formerly Vince’s Seafood). Melissa Clark, architect from Bluehouse Architecture, presented drawings for possible redesigns that included options for renovating the current structure or demolishing and rebuilding the structure on the same foundations in order to add a second floor for two one-bedroom apartments. Chair Peggy Bair commented positively on the façade material choice. Commissioner Welsh-Graham asked if Ms. Clark had referred to the Development Design Manual for requirements; Ms. Clark affirmed she did. Chair Peggy Bair requested the rear of the building be taken into consideration as being in close proximity to the front of the new restaurant next to it. Mr. Mackey advised that if the building were demolished and moved, additional site plan and zoning review would be required. Ms. Clark stated that she would move forward with designing the project to fit within the existing footprint. Chair Peggy Bair initiated the discussion of Item C – Mid-Cycle Review of the 2009 Comprehensive Plan. Mr. Gray presented the staff memo, noting that Maryland law requires Growth Tiers be included in the Plan. He requested that the Commission confirm and move to approve a proposed letter to the Mayor and Common Council, and that the growth tier information be added to the Comprehensive Plan at a later date in 2018. Commissioner Welsh-Graham moved to approve the draft of the Plan. Commissioner Beaver seconded and the motion passed with one abstention. Chair noted that she had voted, in order for a quorum of the Commission to have voted on the matter. Council Member Yingling reported on his recent meeting with the Secretary of the Maryland Department of the Environment Ben Grumbles about water reuse in Westminster. Mr. Gray stated the BZA hearing was moved to January 9, 2018, due to the New Year’s Day holiday. Chair Peggy Bair expressed concern over the number of members on the board due to conflicts of interest. Mr. Mackey stated that he would consult the City Attorney for advice. Commissioner Welsh-Graham motioned to adjourn the meeting. Commissioner Beaver seconded. The Commission adjourned at 9:17pm. Page 4 of 4