Westminster Planning & Zoning Commission

CITY OF WESTMINSTER PLANNING AND ZONING COMMISSION MEETING SUMMARY Thursday, December 13, 2018, at 7 PM City Hall, 1838 Emerald Hill Lane A meeting of the Westminster Planning and Zoning Commission was held at City Hall, 1838 Emerald Hill Lane in Westminster, Maryland 21157, on December 13, 2018, at 7 PM. Chair Kevin Beaver, Vice-Chair Ross Albers, Commissioner Tom Herb, Commissioner Tom Rio, and Councilmember Ben Yingling were present. City staff members Andrew Gray, Bill Mackey, and Samantha Schlitzer were present. The following were present and signed in: Mr. Lloyd Martin, Ms. Donna Dressell, Mr. John Dressell, Ms. Tamara Miller, Mr. Randy Petkus, and Rev. Mark Bialek. Chair Kevin Beaver opened the meeting at 7:00 PM. Councilmember Yingling made a motion to approve the minutes from November 8, 2018. Vice-Chair Albers seconded. The motion passed. Chair Beaver opened New Business Item A – Carroll County Liaison Report. Ms. Moser had nothing to report. Chair Beaver opened New Business Item B – Proposed Site Plan for Love & Whiskey Boutique and Apartments. Mr. Gray provided the Commission with background information and a brief overview of the staff report. Staff recommends that the Commission consider approval of the proposed site plan, conditioned upon the following requirements that must be included in the drawings submitted for signature by the Chair: (1) that a permit must be obtained from the State Department of Natural Resources to remove an existing street tree along Pennsylvania Avenue, per § 148-11 A. of the City Code and (2) that final stormwater management approval must be obtained from Carroll County. Chair Beaver recognized Mr. Petkus, P.E. of BPR, Inc., who clarified that the street tree had been relocated on site and he will be in contact with DNR for the application. Vice-Chair Albers made a motion to recommend approval of Proposed Site Plan for Love & Whiskey Boutique and Apartments. Councilmember Yingling seconded. The motion passed. Chair Beaver introduced New Business Item C – Proposed Ordinance No. 901. Mr. Mackey provided background information, stating that the proposed Ordinance was to amend Chapter 164 of the City Code. Mr. Mackey made the Commission aware that there were minor formatting corrections. Chair Beaver inquired if the language in the Code was to link it to a certain property. Mr. John Maguire introduced himself, Father Bialek, and Vice Pacelli. Mr. Maguire expressed some concerns about the language in the ordinance regarding parking. Mr. Maguire also identified the lot width and yard requirements, and he is under the impression that this use would be grandfathered in. Mr. Mackey mentioned that he was aware of the issues raised. Commissioner Albers inquired if these issues could be worked out at Council. Commissioner Albers made a motion to approve proposed Ordinance 901, as presented, and that the Council take into consideration the issues regarding parking and setbacks. Commissioner Herb seconded. Councilmember Yingling abstained from voting due to the matter going before the Mayor and Common Council. The motion passed 4-0. Chair Beaver introduced New Business Item D – Proposed Ordinance No. 903. Mr. Mackey provided background information, stating that the proposed Ordinance was to amend Chapter 164 of the City Code. This ordinance would allow the sale of firearms in the D-B Downtown Business Zone. Councilmember Yingling inquired about who monitors the compliance with the safety procedures outlined in the Ordinance. Commissioner Albers inquired about the distance requirements from schools, churches, institutions of human care and other uses. Councilmember Yingling wanted to confirm that there would be no discharge in the facility. Mr. Mackey explained the discharge mechanism. Commissioner Albers inquired if the training facility were subject to distance requirements and mentioned that there may be concerns about specifying a specific distance and possibly using the term reasonable distance. Commissioner Yingling inquired if this ordinance would enable any type of business to sell firearms in the D-B Downtown Business Zone. Chair Beaver opened up the hearing to public comments. Donna Dressel – Support – Ms. Donna Dressel is the owner of Geared up Firearms and wanted to thank the Commission for their consideration. Donna mentioned smaller businesses would be given the chance to be competitive with the other big box retailers, and she does not want to wait until the comprehensive rezoning process. She explained the process of obtaining a permit, the Handgun Qualification License training requirements, and security. Mary Kowalski – Opposed – Ms. Kowalski mentioned that she would like to see downtown be more family- oriented and would like to balance business concerns with community concerns. She also cited crime rates from the newspaper. Victor – Support - He sends his personnel to be trained at Geared up Firearms and does not have an issue with this use. Charles Fox – Support – very professional workplace and has gained knowledge from Geared up Firearms. Page 2 of 4 Cliff Koback – Support - Took the class at Geared up Firearms and learned a lot including how to respect the firearm. Geared up Firearms Staff took him to the range for instructions on how to use and dismantle the firearm. Richard Schlecter Sr. – Support – Safety is the main concern at North Carroll Gun Club, the range that Geared up Firearms uses. He mentioned that guns do not cause the problems; it is the people. Michael Spindler– Support - Geared up Firearms taught his mother about the proper use of firearms and that safety is Geared up Firearms number one priority. Bobbi Moser – Opposed - Downtown Business District is inappropriate for the sale of firearms. Mentioned how the medical cannabis overlay was developed. She also suggested that the Business and Industrial Zoning Districts are more appropriate for the sale of firearms. Chair Beaver mentioned that if the zoning code changed, other less equipped stores would be able to sell firearms. Councilmember Yingling inquired about why the use would go to the Board of Zoning Appeals and that medical cannabis uses go the Mayor and Council. Mr. Mackey mentioned why certain types of uses go to the Board for review. Commissioner Albers mentioned the possibility of random stores selling firearms and adding a condition that the sale of firearms must relate to the business. Commissioner Herb inquired about audits for the neighboring background check business. Chair Beaver inquired if the request was to change the code for the Downtown Business Zone and if any other zones allowed such use. Vice-Chair Albers moved to Approve Ordinance 903 and suggested Council consider adding provisions for a reasonable relationship to the nature of the business and a “reasonable” distance requirement. Commissioner Herb seconded. Councilmember Yingling abstained from voting due to the matter going before the Mayor and Common Council. The motion passed 4-0. Chair Beaver introduced New Business Item E – Public Hearing – Proposed Comprehensive Plan Amendment 18-01. Mr. Mackey provided background information, stating that the proposed item is to add the State-required Growth Tier Map to the 2009 Comprehensive Plan, pursuant to the Commission’s Recommendation in its Comprehensive Plan Review. Chair Beaver opened the public hearing at 8:22 PM. No member of the public spoke during the public hearing. Chair Beaver closed the public hearing at 8:26 PM. Vice Chair Albers made a motion to approve the proposed Comprehensive Plan Amendment as presented. Commissioner Rio seconded. Councilmember Yingling abstained from voting due to the matter going before the Mayor and Common Council. The motion passed. Chair Beaver commented on the City’s recent acquisition of the Livestock Auction property. Councilmember Yingling added that the ENR upgrade bid has been awarded. Staff presented the Report and Recommendation that was created during the meeting on proposed Ordinance 901. The Commission reviewed the text, which was read aloud at the meeting. Page 3 of 4 Vice-Chair Albers moved to approve the Report and Recommendation for proposed Ordinance No. 901. Commissioner Rio seconded. Councilmember Yingling abstained from voting due to the matter going before the Mayor and Common Council. The motion passed. Staff presented the Report and Recommendation that was created during the meeting on proposed Ordinance 903. The Commission reviewed the text, which was read aloud at the meeting. Commissioner Rio moved to approve the Report and Recommendation for proposed Ordinance No. 903. Commissioner Herb seconded. Councilmember Yingling abstained from voting due to the matter going before the Mayor and Common Council. The motion passed. Mr. Gray briefed the Commission on the continuation hearing for a proposed conversion dwelling special exception use to be located at 269 East Green Street, which will be heard by the Board of Zoning Appeals on January 8, 2019, at 6 PM in City Hall. Vice-Chair Albers moved to adjourn. Councilmember Yingling seconded. The Commission was adjourned at 9:02 PM. Page 4 of 4