Westminster Planning & Zoning Commission

CITY OF WESTMINSTER PLANNING AND ZONING COMMISSION MEETING SUMMARY Thursday, April 12, 2018, 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 April 12, 2018, at 7 PM. Vice-Chair Kevin Beaver, Commissioner Ross Albers, Commissioner Tom Herb, and Commissioner Tom Rio were present. City staff Andrew Gray, Bill Mackey, and Samantha Parthree were present. Also, City staff Barbara Sardi was present as a member of the public. The following were present and signed in: Deborah Pujals, Emily Houslea, Madison Balback, Tom Davis, Owen Glass, Will Koester, Nick Mann, Lloyd Fries, Forest Howell, and Ritske Blom. Vice-Chair Beaver opened the meeting at 7:00 PM. Commissioner Albers made a motion to approve the minutes from February 8, 2018. Commissioner Herb Seconded. The motion passed. Commissioner Albers made a motion to approve the minutes from April 4, 2018, Commissioner Herb Seconded. The motion passed. Vice-Chair Beaver introduced Kelly Shaffer who introduced her business law class from McDaniel College. Vice-Chair Beaver introduced New Business Item A – Proposed FY2019 Capital Budget per §20-4 D. Ms. Palmer presented the City’s Capital Improvement Program budget and explained the goals that were included therein. She provided background on the City’s revenue funds and how those funds are used to complete the proposed projects. Staff recommended approving the proposed FY2019 Capital Budget with the understanding that funds for the Enhanced Nutrient Removal project will increase in both cost and duration over the next few fiscal years. Commissioner Albers made a motion to approve the proposed FY2019 Capital Budget with the understanding that funds for the Enhanced Nutrient Removal Project will increase in both cost and duration over the next few fiscal years. Commissioner Rio Seconded. The motion passed. Vice-Chair Beaver introduced New Business Item B – County Liaison Report / Final Review of the Carroll County Bicycle Pedestrian Plan Text. Ms. Moser presented the portions of the county plan that included the Westminster area. She also provided draft maps that were approved by the County, and requested approval of chapters 3 and 4, with the opportunity for additional changes later in the process. Commissioner Albers made a motion to approve chapters 3 and 4 of the Carroll County Bicycle Pedestrian Plan text. Commissioner Herb seconded. The motion passed unanimously. Vice-Chair Beaver introduced New Business Item C – Approval of the Westminster Water and Sewer Chapters for the Triennial Update of the Carroll County Water and Sewer Master Plan. Mr. Mackey provided background information on the proposed update to the plan. Ms. Moser stated that the County Water and Sewer Master Plan is sent to the Maryland Department of the Environment (MDE), after extensive discussion and review with individual municipalities. Each municipality must certify that their portion of the plan is consistent with their adopted master plan. The County is currently requesting the Westminster Planning and Zoning Commission certify that the information for Westminster is consistent with the 2009 Comprehensive Plan. Commissioner Herb inquired about when the temporary water suspension ended. Mr. Mackey stated that the City began accepting applications for net new water allocations after April 6; however, permits that did not require an increase in net new water were processed during the temporary water suspension. Commissioner Rio made a motion to approve the Planning and Zoning Commission certifying that the Westminster portion of the Carroll County Water and Sewer Master Plan is consistent with the City’s 2009 Comprehensive Plan. Commissioner Albers seconded. The motion passed unanimously. Vice-Chair Beaver introduced New Business Item D – Proposed Annual Report prepared by Carroll County Planning. Mr. Sen distributed copies of the 2017 Draft Annual Report and requested a letter of approval from the Commission at the May 10 meeting. Mr. Mackey added that the approval letter will then be incorporated into the Plan upon its approval. Ms. Moser clarified that the Annual Report was in draft form for City review. Mr. Gray mentioned that he will also review the report and send all comments to Mr. Sen for review. Commissioner Albers made a motion to table the item for the May 10 meeting upon review by the Commission and City staff. Commissioner Herb seconded. The motion passed unanimously. Vice-Chair Beaver opened a public hearing at 7:35 pm for Item E – Public Hearing on Proposed Rezoning for Medical Cannabis Dispensary at 330 140 Village Road. Mr. Gray provided background information on the application and process. Mr. Gray also stated for the record, that Dulany Leahy Curtis & Beach, LLP is representing MyBond, LLC and that MyBond, LLC is the petitioner and Fairground LLC is the legal owner of the property. Mr. Gray also mentioned that the purpose of Planning Commission review is to provide a recommendation to the Mayor and Common Council. Mr. Gray recommended approval with the condition that the applicant successfully obtain licensure by the State of Maryland’s Natalie M. Laprade Medical Cannabis Commission to operate a dispensary facility at tenant space located in units seven and eight at 330 140 Village Road. Ms. Stephanie Brophy of Dulany Leahy Curtis & Beach, LLP introduced herself as legal counsel for the applicant, Mr. Chris Bond. Ms. Brophy cross examined Mr. Bond about his background and experience in the medical cannabis industry. Ms. Brophy presented the proposed layout of the dispensary, and Mr. Bond described each aspect of the facility to the Commission. Commissioner Albers asked how many dispensaries were located in Westminster and how close were they to one another. Ms. Brophy stated that there were two proposed dispensaries, located on opposite sides of Page 2 of 4 the City. Commissioner Albers asked if the lighting at the proposed site was sufficient. Mr. Bond stated that if it was not; he would improve the lighting. Vice-Chair Beaver opened the floor for public comment. Mr. Gray distributed a letter of comment from the Carroll County Department of Planning. PUBLIC COMMENT  Ms. Debra Pujas, of 347 Fair Avenue, stated her disapproval of the proposed location. She stated that this type of use would be better located in a medical building or medical building campus. Ms. Brophy added that this type of use was good for economic development, and it was providing a service to the community, similar to that of a pharmacy. Commissioner Albers asked if the other tenants of the shopping center had been notified about the proposed application. Mr. Mackey stated that the property owners of record received written notice of the public hearing, and also a physical sign had been placed on the site. Vice-Chair Beaver closed the public hearing at 8:22pm, proposing to leave the public record open for an additional 20 days, allowing the Commission to vote on a recommendation during the May 10 meeting. Commissioner Rio moved to keep the record open for 20 days. Commissioner Albers seconded. The motion passed unanimously. Vice-Chair Beaver introduced New Business Item F – Proposed sign for Ulta Beauty at 200 Clifton Blvd. Mr. Gray gave background information on the application and the City Code. Mr. Gray made a recommendation to consider approval of the proposed signage not to exceed 125 square feet. Commissioner Herb made a motion to approve the proposed sign for Ulta Beauty. Commissioner Albers seconded. The motion passed unanimously. Vice-Chair Beaver introduced Item G – proposed plat for Meadowbranch Industrial Park 2. Mr. Gray provided background information on the purpose of the proposed subdivision and re-subdivision located along Meadow Branch Road, southwest of the Carroll County Regional Airport. Mr. Gray mentioned two proposed uses on the lots, one of which went before the Board of Zoning Appeals. Mr. Gray also mentioned information regarding street names. Mr. Clark Shaffer, legal counsel on behalf of the applicant, stated that the area in question is a re-subdivision of a subdivision from 2004 and that construction of the airport had impacted surrounding property. Commissioner Herb moved to approve the proposed amended plat for Meadowbranch industrial Park 2. Commissioner Rio seconded. The motion passed unanimously. Vice-Chair Beaver opened the Planning Commission and Public Comments section. Mr. Mackey asked the Commission about an informal discussion for a proposal at Mediterraneo Restaurant on West Main Street to create an outdoor patio seating area. The Commission requested to see a detailed proposal of what was being planned, including landscape plans. Mr. Mackey responded that he would reach out to the owner. Page 3 of 4 Mr. Mackey requested updated contact information from the Commissioners for the Commission’s roster. Vice-Chair Beaver requested tabling the Commission elections until all members of the Commission were present, and inquired about when the Commission could expect an alternate member to be appointed. Mr. Mackey stated that an alternate member may be appointed at an upcoming meeting of the Mayor and Common Council. Commissioner Rio moved to adjourn. Commissioner Albers seconded. The Commission adjourned at 9:03 PM. Adopted May 10, 2018 Page 4 of 4