Planning & Zoning Meeting Minutes
November 20, 2012
Others in attendance included: Anne Roane, City Planner; Dan Brandewie, City Planner II & Robert S. Collison, City Attorney
Chairman Jerry Burroughs called the meeting to order and asked for a moment of silence.
The audiotape of this meeting did not start at the beginning. It started with Mr. Burroughs saying for the record, he had a conversation with Mr. Patel this evening and he immediately called Mr. Craig and told him the situation and he understood.
Mr. Rickert said Popeyes needs to submit materials so the PC can evaluate it before the meeting.
Ms. Roane said Popeyes was told on two occasions, November 14th and November 7th to submit materials, but it has not happened. She received an e-mail from Joy Loeffler this morning asking about this. She explained that nothing had been submitted. At that point Mr. Burroughs called Popeyes and explained what he just told you. Popeyes said they will open December 31st.
Ms. Roane said Skipjack Cleaners has to move. They are located in the Walgreens shopping center and owned by Walgreens. They found another location on Crusader Road and is currently zoned C1. In the current zoning ordinance laundromats are not allowed and not a permitted use in C1. However in the new proposed zoning ordinance it would be an allowed use; it is a personal service use. There are three possible ways of making that happen.
- Do a map amendment to the current zoning maps. Article 66B requires you to either demonstrate a mistake in mapping or a change in neighborhood.
Do a text amendment which would allow these uses in C1 zones. In both cases they are about to adopt new zoning maps and a new ordinance that is consolidating the commercial zones into one zone; in which case it would be allowed. The third application of Article 66B is an adaptive re-use of an existing property.The location of the proposed property is consistent with the comprehensive plan. The proposed land use maps were adopted in the comprehensive plan as well as the proposed zoning maps that are in the process of reviewing. The use is an allowed use. The community is surrounded by multi-family apartments; this laundromat is of benefit to the community.
- Little enforcement of the zoning classification would deprive the owner of all reasonable economically viable use of the property. The property is on Crusader Road behind Crusader Mart. It was a Benjamin Moore paint store; prior to that a Hallmark store and a men's clothing store. It has been vacant for almost 4 years. She had numerous conversations with the owner on trying to lease this property.
Ms. Roane said Tim Crosby is the architect representing the Skipjack Cleaners. He submitted a response to those three items in 4.05 E. This will go to the City Council. It will be a public hearing. The PC does not weigh in with the recommendation. She does not know why Article 66B does not require that, but she thought out of respect for the PC it would be important to let them know that this is going to be coming before the City Council. In the 9 years here, Ms. Roane said she has never had a situation that they could have applied this section of Article 66B to that I am aware of.
Mr. Collison said he cannot comment and advise the council because the owner of the proposed dry cleaners is his client and he has done work for them in the past. This will be going to City Council on December 10th for a public hearing.
Mr. Rickert said in the findings there is a reference to the fact that it should be granted because of the City's inconsistency in enforcing its own ordinance for C1 zoning classification.
Ms. Roane said there are two other laundromats here in town that operate in a very similar fashion and they are both located in the C1 zone. They were lawfully grandfathered. The question was why it wasn't allowed in C1 zone.
Tim Crosby, Crosby Associates Architects, 507 Court Lane, Cambridge, Maryland said what he found in other jurisdictions that have similar restrictions was because of the potential for brownfields in the dry cleaning process. They didn't want them adjacent to the residential areas because of the toxicity of the process. That has all changed. Five years ago the follicitic acid solvent based dry cleaning process was prohibited. They now use much more environmentally appropriate chemicals so there is no more brownfield potential for dry cleaners.
Mr. Trego moved to adjourn the meeting at 7:48 p.m. Ms. Losty seconded the motion. Motion carried unanimously.
Anne D. Roane