NORTH EAST PLANNING COMMISSION North East Town Hall Meeting Room 106 South Main Street, North East, Maryland Wednesday, March 7, :00 p.m.

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1 NORTH EAST PLANNING COMMISSION North East Town Hall Meeting Room 106 South Main Street, North East, Maryland Wednesday, March 7, :00 p.m. Chairman Brian Morgan called the meeting to order at 7:00 p.m. Present for the meeting were Commissioner Eric Braley, Ranald Langille, Michael Kline, and Mark Dobbins. Also present were Melissa Cook-MacKenzie, Town Administrator; Betsy Vennell, Director of Planning; and Bethany Hollars, Planning and Zoning Assistant. -MINUTES- February 1, 2012 The Planning Commission accepted the February 1, 2012 minutes as presented. -COMMENTS FROM THE PUBLIC -OLD BUSINESS 1. North East Comprehensive Plan - 6-year review: Chapter 3: Transportation - Map 2: Land Use Plan Amendments Map 2 - Land Use Plan The Planning Commission members were provided with several proposed changes to the Map 2 Land Use Plan. Race Street: Ms. Cook-MacKenzie stated that the Town had purchased a portion of property along the north end of Race Street from the Demond family in December Ms. Cook-MacKenzie reported that the recently acquired property would be utilized for parking since it is adjacent to the North East Police Station and the Old Town Lock-up. The Planning Commission recalled that there had also been prior conversation with the Mayor and Commissioners and the Planning Commission during their joint workshop in February 2011, about changing the land use classification and zoning designation along portions of Race Street from Low DensityjSingle Family Residential to Village Commercial for parcels 402,492,279, 278, 277, 276, and 266. Mr. Kline asked if businesses were permitted in Village Commercial. Ms. Cook MacKenzie stated that all by-right R-2 uses, as well as several additional commercial uses are permitted in Village Commercial. Commissioner Braley stated that he feels a Village Commercial use will only increase the property values of the surrounding properties. Chairman Morgan stated that he had no objection to the change, provided that all property owners were notified of the proposed changes and had an opportunity to comment on the change. Rolling Mill Lane: Ms. Cook-MacKenzie stated that the second proposed land use change was along Rolling Mill Lane. The Mayor and Commissioners and the Planning Commission discussed changes to the land use classification and zoning APPROVED 4/4/42012

2 North East Planning Commission March 7, 2012 designation during their joint workshop in February 2011, changing the north side of Rolling Mill Lane and George Street and some of the parcels on North Main Street Extended from Medium Density/Two Family Residential to Limited Commercial, contemplating that this area would be appropriate for a rail station, and the south side of Rolling Mill Lane from Low Density Residential/Single Family Residential to Medium Density Development/Two family Residential because the south side of Rolling Mill Lane contained several smaller parcels and duplexes. Ms. Cook MacKenzie suggested that in light of the recent award of a grant from WILMAPCO for a Transit Oriented Development (TOD), that the Planning Commission may want to delay making any changes to the entire Rolling Mill Lane vicinity at this time and opt to wait for the completion of the TOD study and subsequent recommendations from that study. Commissioner Braley stated that the proposed changes included Limited Commercial and medium density uses and could be made to Rolling Mill Lane, regardless of whether a future rail station was slated for this area. Ms. Cook MacKenzie stated that the current proposal of Limited Commercial and medium density uses would not support a rail station use. Chairman Morgan stated that he had no objection to waiting for the TOD Study to be completed before addressing the proposed changes to this area. Commissioner Braley and Mr. Langille agreed. Day Basket Factory. 710 Mauldin Avenue: Ms. Cook-MacKenzie stated that the final proposed land use change was specific to the Day Basket Factory parcel. The Planning Commission had previously discussed this property and had agreed that this parcel would benefit from a rezoning to General Commercial; however, the members wanted to avoid any conflicts with spot zoning. Ms. Cook-MacKenzie stated that Town Staff had researched the history of this parcel. The property is approximately 1.35 acres and contains over 12,000 square feet of enclosed buildings. In the 1960s, the property was zoned C-l commercial in the North East Comprehensive Plan. It remained commercially zoned during the 1980s Comprehensive Plan revision. In 1995, an application was submitted to the Town to rezone the property to C-2 commercial. At that time, the Planning Commission was provided with a memo that outlined several legal cases which permitted seeming "spot zoning" when at the request of a property owner, and not the initiative of the local government. Town Staff recently asked Town Attorney Dennis Clower to render a legal opinion regarding the question of spot zoning at the Day Basket Factory. Attorney Clower agreed that rezoning the Day Basket Factory property would not be considered spot zoning, as the change is supported in the Comprehensive Plan and advocated by the local government. Ms. Cook-MacKenzie stated that due to the location, size, and configuration of the Day Basket Factory property, Town Staff agrees that commercial zoning is best suited for this property. Chairman Morgan stated that he agrees that General Commercial zoning for this property is appropriate. Mr. Kline asked if rezoning this property would set a precedent for future rezoning requests from neighboring parcels. Ms. Cook-MacKenzie said that no adverse precedent is being set, as none of the surrounding properties have the commercial history like the Day Basket Factory parcel. All Planning Commission members agreed to change the zoning of the Day Basket Factory property to General Commercial. 2

3 North East Planning Commission March 7,2012 North East Comprehensive Plan - Chapter 3: Transporation - draft text Chairman Morgan stated that he noted some redundancies in the proposed text for the Comprehensive Plan, Chapter 3 Transportation draft text, such as recurring statements about street paving and solar alignment. Chairman Morgan stated that page 3-9 discusses alleyways, and he was hesitant to promote alleys in Town, as he doesn't think they are suitable; however, he doesn't think the language referring to alleyways needs to be removed from the text. Chairman Morgan would like to see a general provision added on page 3-12 to allow for buses in the second paragraph of "Existing Detailed Planning" section. Mr. Langille noted that page 3-8 classifies East and West Cecil Avenue, Cemetery Road, and Mechanics Valley Road as minor collector roads; however, the text states that there is no traffic count data available for these roads. Mr. Langille stated that he does not believe that these roads are minor collectors, due to the large volume of traffic he sees on these streets. Ms. Cook-MacKenzie stated that there may be some traffic count data available for these streets contained within the Ridgely Forest Traffic Study. Mr. Langille stated that if this data is available in the Ridgely Forest Traffic Study, he would like it included in the text to clarify why these streets are classified as minor collectors. -NEW BUSINESS 1. Election of Chairman and Vice Chairman Commissioner Braley nominated Brian Morgan for Chairman. Mr. Kline seconded the motion, and the motion was approved by all. Chairman Morgan nominated Michael Kline for Vice Chairman. Commissioner Braley seconded the motion, and the motion was approved by all. 2. Amendments to the North East Zoning Ordinance: Article 3: Definitions - amending!adding the definitions for accessory building, commercial apartment, family, drug treatment facility; Article 5: Section "VC" Village Commercial District regulations and Section "mod" Infill Development Overlay District Regulations. Accessory Building An amendment to the definition of "accessory building" in Article 3 has been proposed. The amendment would clarify the square footage of an accessory building and note that accessory buildings are subject to setbacks. All Planning Commission members were in favor of this amendment. Family An amendment to the definition of "family" in Article 3 has been proposed. The amendment would redefine a family as "one or more persons living together in a single housekeeping unit." A property owner in Town had stated to Town Staff 3

4 North East Planning Commission March 7, 2012 that the current definition of "family" contained in the North East Zoning Ordinance was outdated. The Town's sought legal advice, which suggested the proposed definition. All Planning Commission members were in favor of this amendment. Village Commercial - public or private parking lots An amendment to Section 5-6: Village Commercial District Regulations has been proposed. The amendment would add the permitted use of a public or private parking lot as a special exception within the Village Commercial district. All Planning Commission members were in favor of this amendment. Drug Treatment Facility Town Staff asked that the Planning Commission consider adding a provision to the Zoning Ordinance for a drug treatment facility. The Planning Commission members were provided with a proposed definition and requirements for a drug treatment facility. Mr. Langille confirmed that there is not currently a provision in the Zoning Ordinance designating where a drug treatment clinic can be located. Chairman Morgan suggested that the Highway Commercial district may be an appropriate place to allow drug treatment clinics; however, he doesn't think that these clinics would help improve the image of the Route 40 corridor. For this reason, he would be willing to consider an industrial zone for drug treatment centers, as well. The Planning Commission agreed to accept the definition and requirements of a drug treatment facility as presented, conditioned upon the following changes: 1) The clinic is located in the Highway Commercial zoning district 2) The clinic is located at least 1,500 feet from any structure used as a hospital, house of worship, any school, or any daycare. 3) The clinic is located at least 1,500 feet from any residential zone or use. Commissioner Braley motioned to recommend the zoning ordinance amendment specific to drug treatment facilities to the Mayor and Commissioners for approval immediately. Mr. Kline seconded the motion, and the motion was approved by all. Infill Overlay District Ms. Vennell provided the Planning Commission members with a brief overview of infill regulations. Town Staffhad no recommendations for changes regarding infill but wanted to give the Planning Commission the opportunity to review the regulations. 4

5 North East Planning Commission March 7, 2012 Ms. Vennell stated that some applicants learn that development of 500 square feet or more will require inflll approval, and they reduce their development to 490 square feet to avoid the infill process. Commissioner Braley and Mr. Kline stated that that is the right of all applicants. Chairman Morgan stated that the consistency language contained in the inflll regulations severely limits the opportunity to improve neighborhoods. Commissioner Braley agreed that it prohibits residents from improving their homes and streets. Ms. Vennell suggested removing the substantial renovation clause and amending the redevelopment requirements to mandate infill review only in the case of a full demolition and rebuild. Mr. Kline agreed that a property owner seeking to do a full rebuild on his property should be required to obtain inflll approval. Commissioner Braley stated that so long as a property owner obtains all the necessary permits for a project, he should be able to improve his home however he likes. Chairman Morgan stated that infill approval should not be required for houses that can be built by-right in a given zoning district; inflll approval should only be required when proposed construction falls outside of the permitted uses in that district. Mr. Kline stated that the Planning Commission should review such major changes within a neighborhood. Chairman Morgan disagreed, stating that it was a disservice to the property owner trying to improve themselves and the neighborhoods to require them to get permission for improvements. Commissioner Braley stated that property owners should have the right to build what they want, and the Planning Commission doesn't have the right to dictate aesthetics. Mr. Langille agreed with Mr. Kline, stated that he wanted to avoid homeowners making whatever changes they wanted within their neighborhoods without recourse. Chairman Morgan stated that infill regulations should be promoting the use of underutilized properties, not limiting the possibilities of what can be done with them. Ms. Cook-MacKenzie offered to research the history of the infill regulations and resubmit suggested amendments to the Planning Commission next month. The Planning Commission agreed to review infill regulations again during their April 2012 meeting. Ms. Cook-MacKenzie stated that she had attended a State Highway Administration meeting that confirmed that a barrier will be constructed in the Route 40 median. -REPORTS- -M1SCELLANEOUS -NEXT MEETING April 4, 2012 ADJOURNMENT: 5

6 North East Planning Commission March 7, 2012 DRAFT With no further business to discuss, Mr. Langille made a motion to adjourn the meeting at 9: 16 p.m. Mr. Kline seconded the motion, and the motion was approved by all Respectfully submitted: Iei1~~ any Ho s Planning and Zoning Assistant 6