Planning Commission - Regular Meeting

And we're going to miss him. I think he's done a lot of great things for the town of Bel Air. He's looked out for the citizens, and he's looked out for the town. And he's always been real strict about making sure codes are followed and brings up a lot of good topics. I'm still learning a lot of that stuff, and I learned a lot from Phil in just two years. And we're going to miss him.

Thank you so much.

Thank you. And I've got to make a public apology to Mr. Waycar over here. I've pronounced his name wrong in every meeting and slaughtered it.

And I... Waycar. Waycar. Waycar. Geez.

I didn't do that on purpose, I swear. Waycar. Waycar. With that being said, before we get started on the agenda, I'm Jimmy Hines, by the way, for everybody who don't know me. I'm the chair of this committee right now, and we have a few things I'd like to go over real quick and brief. This was advertised on the website, town website. It's also been advertised in the local newspaper. Some of the public is here tonight. They'll get a chance to speak. based on those announcements. We also are live on YouTube. So I ask everybody to please silence your phones. And when you do come up, see how close I am to this mic. I've been told if we're not this close, it doesn't always get recorded. And they want to make sure everything's recorded for the record. So get real close to the mic when you're speaking, please. Also, the bathrooms are down on my right. You're left out in the audience. Ladies and men's rooms right around the corner if you need to use it. We just ask that you be polite and quiet in between any readings, any talks, so everybody has a chance to hear, and like I said, it is being recorded, so you would be on the recording. Let's see, I think I covered everything I need to speak about on that. When you come up, the public, I know we didn't have a sign-up sheet tonight. You're allowed five minutes. Usually Miss Liz does the timing, and... We're kind of lenient, but we've got to stick to a schedule and we've got to give fair choice to everybody to come up and speak. So please hold your comments to five minutes if you can. Okay, with that being said, we're going to start out here. We have an agenda we follow. We have administrative matters we gotta take care of first. The first item is approval of the minutes from the April 2nd, 2026 meeting. Do I have a motion for discussion first? Anybody have any comments on the minutes? No? Move the minutes be approved as submitted.

Second.

Okay, roll call. Pete, I mean, Jeff?

Aye.

Peter? Aye. Jerry? Aye. Phil? Aye. And the Chair votes aye. Thank you. Okay. And the agenda, we're going to review Ordinance Number 861-26, Prohibiting Data Setters. Do we have a presentation?

I'll just briefly introduce this. So the Board of Town Commissioners has been considering Ordinance 861-26 to prohibit data centers within town limits. It's something that's been discussed at multiple work sessions with the commissioners. Commissioner Taylor is the one who proposed it and worked with Michael Krantz to draft the ordinance, which is in front of you tonight. Just wanted to make you familiar with it and see if you had any comments on it. What we noted is that it would prohibit and this is an issue those of you probably been tracking this in the news in the county and throughout the state and in fact nationally about data centers and their impacts and the concern that a large-scale data center might want to locate within the town boundaries now and It's really not allowed in probably most districts at the moment. So in some ways it's a clarifying ordinance because it's more specific about prohibited uses. So I reviewed the zoning ordinance with Michael Krantz and a little bit with Liz. review it and recognize that like junkyards are specifically called out as a prohibited use so when you see language here about data centers we've added that together and then with some other clarifying language that specifies that any use that's not expressly listed as permitted conditional or special exception use within any applicable zoning district that are listed in the permitted use table is hereby prohibited so that's more of a clarification there. And then to do that, we added a definition of what a data center is based on how it's been defined in other jurisdictions. And then clarifying language that, as I was saying about the permitted use tables, that if something's not listed there, it's not allowed. So that clarifies that point.

Yeah, actually, I saw an email today on my phone that was about a public meeting coming up, and I think it's going to be held here in Bel Air, 212 Bond Street. I don't remember the date, but I know it's coming up soon. The 9th. The 9th? Okay. Thank you. Any discussion from the board?

Can I just add one thing? Sure. So the definition of data centers, as Mr. Bayer said, is not defined currently in the town of Bel Air code. One thing that the town recognized was an extremely necessary exception to a data center is any computer servers or anything that might fall under the generalized category that is owned and operated by the town of Bel Air, the federal government, and the county. So those governmental entities must have, we're not talking about those, we're talking about hyperscales is what the concern is, but we do not want those other computer systems or an accessory use. For example, my office has servers and technically under the general definition it would fall under that, but it's exempted because it's an accessory use to a law firm. So we wanted to make sure that that was carved out.

Okay, thank you, Liz.

Sure.

Counselor, are we comfortable that we have lots of uses that we really don't want things to come in, and some of them are included in the code, and then we have carefully where it would be almost impossible to do them with regulations. Are we comfortable going this route to do with data centers?

I am, one of the reasons why is because of the fact that the hyperscale facilities, which is what everyone is currently concerned about, my office has a lot of information concerning those facilities, because we represent developers in those, and they require 100 acres or more in order to even have it. So as far as I am aware, with discussions with the Department of Planning, the town of Bel Air does not have 100 acres available for the development of a data center of a hyperscale nature.

Obviously, this is a hot-button political issue going on in Harford County right now and in various states and with different resolutions. Is there anyone else in the state of Maryland that's going to outright prohibition as opposed to a pause or regulations?

I'm not aware of anyone passing anything that is an outright ban. I know there's been some significant discussion through MMA and MML about highly regulating them, like bring your own electric kind of things, upgrades to the electrical grid, pumping stations for water, that kind of stuff. So I'm not exactly, I have not heard of any of an outright ban.

And the technology that we're Concerned about now is the technology that exists today and we if we pass this thing then there could be forevermore There would be none of this allowed even if it's much more suitable and much more acceptable than it seems to be now I'm not an advocate for them, but I I know Loudon County, Virginia is 200 of them and That's one of the highest income counties in the United States. So it's not like a third world nation and there They seem happy with them state of Pennsylvania was really happy about this time last year and now not so much. Florida's got them. 80% of the people in California voted against them. I guess this week and My preference would be a pause. By the way, folks, for those of us that are new here, we're strictly advisory on this. This will be a decision made by the Board of Commissioners and not by us. But I'm just a little concerned that we're getting out ahead of of where we need to be where a pause would have for however long you wanted to pause the last it could. And if you if you outlaw them, then five years or 10 years down the road when the science of all this has changed, then somebody sitting on the town board then I'll have to say I'm gonna vote to overturn the current ordinance. That's all I'm suggesting.

And a lot of the use for the data centers is to make sure there is computing capacity for AI. So, you know, your AI functions, your cloud, your chat GPT, you know, those types of things. Yeah, and AI is creating controversy of its own. Yeah, exactly.

And this is the supporting framework to provide for that. Lots of college students that made it through college using AI, they don't like it so much now that they can't get a job because AI is replacing that job. Lots of this to be resolved, including the data centers. I don't have strong feelings about it, but I think we'd be better served with a pause than an outright prohibition.

Bill, we discussed several options at the work sessions and stuff. Right now, our code prohibits them because they're not in permitted use. The state of Maryland says that if a use is not in your permitted use tables, it's prohibited. So in essence, this is just clarifying and codifying in a town laws, what the state is saying right now. And that's and that's all we're doing. You know, right now junkyards are already in our code that says and we didn't want to get into a big laundry list of prohibited uses, right. And that's why we're you know, because there's so many uses out there, you can never catch them all. And then you have three categories. And our code you have uses that are permitted uses that are specifically prohibited and then you have ones that aren't even listed so what category they fall in so we didn't want to get in that that listing we're just gonna list what is permitted and basically just strengthen the state law and put it in our town law that says anything that's not permitted is prohibited And just using data centers and junkyards as examples to, you know, such things as, but not, you know, other things like that are included. That's the way this is really written.

And just to clarify a point that Commissioner Chismar made, the state law is judicial case law, says that. If it's not stated, then it's, you know, it's not like it's on the books as a, you know, because that could change if the judges change their mind, you know. Not likely, because it's been that way forever. But if a use is not specifically provided for in the code, and there's nothing that the director of planning has interpreted to say, oh, it falls under this category, right? Because sometimes you could argue massage parlors could be this or that. We've had that happen a couple times. And it's flat out, you know, not in there at all, like a data center, then it's just not permitted under the code until the legislative body changes it.

Very good. Well, thank you for the clarification.

And again, the follow up on your point you made, we're not here to vote for this, yes or no, we're here to give comment and input. And the citizens are going to get a chance in a minute to also do the same thing. If you wish to do that. Any other staff comments? This is the time I would welcome up anybody in the public would like to speak on this. no takers on the data centers would you like to speak on it okay I asked for a motion

We do need some idea as to whether or not because we will we will do a very short memorandum like we did with the last four sets of ordinances seeing the Planning Commission recommends to the board whatever you guys kind of decide um so Rob's basically suggesting a moratorium rather than a bans is did is there any feeling one way or another or is everybody else okay with it

Feel free to support it. I'm okay with it as written.

Pete, did you have a thought? You're okay? Gary? I'm fine. Okay. That's fine. So one for moratorium, the rest for- It's fine. That's fine. Okay, thank you. I'll sleep tonight and- Remember what your beer mug said.

I wasn't here, I didn't mean to advocate for them.

Leave your phone on because it understands what you're saying. Yeah. okay well that takes care of that then okay we're going to move on to new business new business will be uh we only got one item item a and that's it tonight it's review a special development site plan and landscape plan for the harford mall phase six for the development of three buildings with a total of sixty nine thousand five hundred twenty four square feet and associate infrastructure of the existing shopping center into a mixed use center submitted by harford mall business trust and we'll let that you do your presentation.

Thank you. So this is our first planning commission meeting with me as a planning director. So I will thank you for your patience and working with me and and also getting some of the materials for you. I started in mid April and immediately was working on this project in one form or another. At that point, the DRA legislation was still pending, so it was possible that there might be a different approach to taking this project forward but when that did not pass we're basically using our existing code and procedures protocols for review as part of the approval process so we've had several meetings already me at DPW as well as other town staff with the project team to review this so specifically tonight we're looking at phase six which as you mentioned are site plan approval for the development of these three buildings along with associated infrastructure in the existing mixed use center at harford mall site as well as special development approval for modification of the existing mixed use center so we did provide to you which i think you all have read hopefully our staff report and then today as we've talked about a little bit offline sharing with you we had to send out our packet to you at the end of last week subsequent to that it was not a complete submittal at that point but given some of the urgency on the applicants side we decided to move forward so you could begin to discuss it tonight they subsequently submitted the landscape plan as well as the elevations which you have in front of you and I I Did also, for those of you who may not have been on your email this afternoon, also sent you that out electronically today. We also did get a review of both of those elements as well that we have shared with you, both Paul Edimides, our architectural consultant, as well as the former planning director, Kevin Small, who did the landscape plan review as a landscape architect. And so we have attached their comments as well. We have they have not completed the traffic study yet for this phase six. We are in the process of completing traffic study for phase five and as part of that process in initial review it appears that in the long term certainly probably for the future development of the site that there will need to be some improvements along Baltimore Pike with the right turn lane. there's been some discussion with the project team about that I think they're aware of it it does appear that phase five might technically be that tipping point in terms of the data and so there is some some concern amongst the potential applicant for phase five about that and so we've had a lot of internal conversation about what that means for the overall project but recognizing that have the entirety of this project move forward including phase three that other things need to occur on the applicant's side potentially including the demo permit for the mall structure as well as some other elements that we can talk about tonight that are part of that required process. So we wanted to get this in front of you so that you could begin to review what phase six looks like. I think we recognize that phase six is a future phase and ultimately the demolition of the mall will create some open space that they have identified some concepts for as part of the site plan. And we've reviewed it, assuming that it's a legitimate representation of what's likely there. I know there's been a lot of conversation about the percent use commercial versus residential. As it came in here, it is slightly above 50%, so that is not really an issue moving forward, assuming that what is represented here is ultimately developed on the site or slightly more. So I think we all recognize that as the project moves forward, we will likely see this again, but this is their first cut at it, and so you may want to have them present you the information, and then we can go through any other specific questions you have of them as well as of staff.

Thank you, Mr. Bear. Did I pronounce your name right?

Yes, they are like the aspirin.

Okay.

Okay, with that being said, I know I have a bunch of comments, but I'd like to see if there's any comments from the staff.

Um, just one thing for you guys that edification, Mr. Dawson, Deputy Director of the Department of Public Works is here to answer any questions you may have concerning the demolition and sewer. So I don't have any questions right now until the applicant puts their case on.

I would like to let them do their presentation first and then we can ask questions. Who would like to do the presentation?

Matt Robinson with SJC Ventures. Can you guys hear me okay? I got it. With SJC Ventures, 115 Howell Mill Road in Atlanta, Georgia.

You can't?

There you go, yeah. Okay, that's, there we go. 115 Howell Mill Road in Atlanta, Georgia. Yeah. I know you're all very disappointed. I feel a little naked up here without Chris Mudd to do this presentation because he's always done these on our behalf and he does a great job, but hopefully I'm an acceptable substitute. And, you know, it's fitting that we're here today because as I was looking back through my emails for some material for this presentation, I realized that today is sort of like the anniversary for Derby Place. Our first Planning Commission meeting happened almost exactly one year ago on Phases 3 and 4. So we're really excited to be back in front of you here today to talk about phase six. And as sort of an anniversary present, if you will, I'm also really happy to announce that we have closed phase three and four about two hours ago so we we own we now own the Macy's parcel and we are starting work inside the Macy's for environmental remediation tomorrow so I wanted to give you all that update up did we do we lose a presentation no I don't know your password I'm sorry that's okay you have to jiggle the mouse every now and then probably um and just just a quick update you know we've we've obviously talked a lot about the uh the tenant that shall not be named they've they've always been in this project for a long time but we are also making a lot of progress on on the rest of our leasing and we've got about 55% of the project is leased up with signed leases and then we've got another 20% that are we call it at least where we've you know signed letters of intent but are just finalizing negotiations with the lease so really within the next couple months will be 75% leased up on the project so You know, I sort of start all of that just to let you all know that, you know, this is real and this is happening. And we're very excited about it and really excited to come before you today on phase six to talk about, you know, sort of our vision, ours being, you know, ours and CBL's and see, you know, what we plan to execute on in the future. So let me, yep, there we go. So as we start every presentation, we've got our sort of phasing map up here just to, again, reorient everybody because it gets a little confusing with the numbers. So phase one, this is the shops of Harford Mall. We actually were the developers on that project as well. It was an old Sears box that we redeveloped into what it is today. There's phase two, which is the residential project with Newcastle Development Group. And we've been having lots of conversations with them as well. And they're on track. I think they submitted their building permit packages today. and are on track to close that in the next few months and then phase three and four up at the on the north end of the site which i just mentioned we are the developers of record there as well and are starting construction tomorrow phase five uh that is the point breeze credit union that was approved i believe in march uh of this year and so we're here today on phase six which is really what what you know according to all the approved plans today consists of what's what is going to be left of the harford mall shopping center it's really composed of in the center here There's kind of that big core mall structure. And then there's the addition of the shops, which are out front and face along Baltimore Pike Road. So we're here today on phase six. And as was sort of alluded to by Mr. Bayer, we're we're here to present a a serious plan that is uh you know that we intend to execute on but really today what i want to talk about is sort of the vision and the strategy for execution of this plan and you know sort of why we're really here tonight um So this is a little bit different than what everybody saw about a year ago at this point. But it's more or less got all the same kind of components. You know, when we came in for our phase three and phase four approval, about a year ago one of the pieces of feedback that we received from some of the commissioners and others that were in some of our concept meetings is you know this is great we love phase three and phase four we love the tenant that you're bringing here we'd really love to see what a master plan looks like and you know what what do you envision for the rest of this center and not just look at this sort of piecemeal so we we put that on the screen i think it was well received by everybody and this is in keeping with that plan that was shared but there are some noticeable improvements that that i'll call out that are um you know a little bit different and in my opinion uh great enhancements to this plan so Originally, the existing shops, which we've labeled as building 1100 and 1200, that was actually originally contemplated to basically stay existing as it is today. So it created sort of this, you know, straight facade across Baltimore Pike. It was sort of one linear mass there. And as we sort of We're working with CBL and working through the mechanics of actually executing on this plan and preparing an offer and everything to CBL. We started taking a hard look at this and I asked John, I said, John, send me the leasing plan for that building right there because I've got an idea in my head and I want to see if it works. And so what you'll see we've done is there actually is there are a lot of the reason that we're keeping those shops. I should have started with this. The reason that we're keeping those shops is there are tenants in there that have term. OK, so we can't we can't just tear it down and start over. But there is a mall corridor that connects to the rest of the mall, and there is a vacancy right next to it that we can take advantage of. And so what we've done here is we're proposing punching through the center of that building and creating an open public gathering space and really creating an avenue experience and placemaking through the center of the project. This is also something I think after we presented it maybe I think it was to the planning commissioners we had a meeting with former director Kevin Small and you know he he had sort of sketched up an idea that was like that and I said oh you haven't seen the new plan have you He sketched up almost exactly what we're proposing here today. So the idea here is to create that linear avenue with the existing shops there. We actually have the ability to also, over time, sort of rotate the tenancy so that they are facing that open plaza area. So we create this really nice activated space with tenants on both sides. You've got an open plaza and gathering area with lots of activity. And then it leads into the existing green space that was there and then terminates into what we're labeling here as Major Tenant B. And it's sort of this terminus point of the key anchor for this project. this is something that we've shared you know with with the market that everyone is very excited about one of the drawbacks of what we were proposing before is it didn't create a lot of visibility or there was no real visibility from Baltimore Pike you had a little bit from Tollgate Road and Bolton Road but those are not really major thoroughfares but with this plan it opens up that visibility into the rest of the center so that you can actually see the tendency that is back there. And with these placemaking elements, it also creates this window into the energy and the activity that will exist in the center. And, you know, our hope and and our ambition is that it will draw people as they're driving by baltimore pike they'll see this this avenue that's lined with shops and people outside having having dinner or playing cornhole or whatever it is and it will drive them into the center and want and want to be there so this this really like I said it's in keeping with the plan that has been shared all along we did make some some minor or well in my opinion major improvements but you know for purposes of kind of keeping in keeping with the vision that everyone saw about a year ago kind of some minor tweaks and that's what is in front of you today so let me let me jump over let's see here Any ideas on how to unzoom here? Pinch it? Oh, hang on.

Here comes your rescuer.

Yeah. Do you know how to unzoom so that they can see the whole sheet there? You know what, let's just, if we need to do that, let's do that.

Yeah. That's great. You might have, oops, I'm accustomed to this touchpad.

This works.

This works great.

That's okay? Yeah, this is good. Thank you. Appreciate it. Okay, so jumping over to elevations, you know, I don't intend to spend a lot of time here. You'll notice that it's the exact same material palette, the exact same sort of color scheme and architectural theme that we presented on phases three and four. um it uh it was inspired by the architecture that is currently existing on phase one i think mr mudd uh did a nice presentation on this when we did three and four talking about the mixed use regulations and how the architecture is required to be in keeping with the rest of the center and the area that exists currently This is our new major tenant B. Initial interest here is that it's probably a fitness or entertainment user, so you'll see that it's quite large and you see it's a double height space for that user there. Moving over to the other two shops buildings. Again, these elevations are very similar to what you all would have seen on phases three and four. Keeping the same smooth white wall system with the decorative block that's in a dark gray. Some metal canopies and other kind of corrugated metal as accents. my understanding from Michael Bayer correct me if I'm wrong but the architectural review is very well received on this and as as we said keep in keeping with the rest of of the center so let me just jump back to this slide here So that's sort of it in terms of visuals that we had prepared to discuss today. Fred Ward is here with the actual technical plans if there are any sort of detailed questions. But as I said before, let me just offer some remarks in terms of why we're here, what we're trying to accomplish, and really the vision and the strategy and where we go from here. So this is a real plan in the sense that we have submitted, we've made an offer on this to CBL to execute on this plan. We're having discussions with tenants about this plan. This is a real plan. We can execute on this plan. what we're really here tonight is this is the strategy of executing on this plan which really has to happen in three steps and the first is getting this site prepared to become a green field site having an approval tonight is is very important as i mentioned we are closing on on three and four And this will clear the way for us to be able to demolish the rest of the structure so that we can actually execute on this phase six plan. And it can be done in an efficient way. It's not disruptive. The most important thing is that it's done before Phase 3 and 4 opens because once it opens, it's going to be very difficult for the rest of the tenancy that's in there to agree to and approve having major construction activities on site with this being on their front doorstep. and then step two is obviously securing an acre tenant by converting this into a greenfield site by having an approved plan it says that you know the um you know it's out there in the public people are serious about it they don't have concerns about you know, having to do a major demolition activity prior to them coming on the site and us trying to execute on the plan, which is a complicated step, especially with the other tenancy that is going to be on there. And then step three is us coming back in front of you once we have secured an anchor tenant just like on on phase one none of it was possible without our our tenant that will that should not be named right we we we had the overall bones of of the plan um but we had to do a lot of changes before we came in front of you to have it meet their requirements Whoever we get as this anchor tenant is going to have this exact same thing. They're going to want to shift this parking over there. They're going to want to maybe change the layout of their building a little bit. Maybe they want to reconfigure the trash. Who knows, right? And so the goal is really to just execute on step one and two right now, which is the ability to take down the mall, go secure that anchor tenant, and then we will – will, not maybe, will be back in front of you with a more finalized version of this plan. And what you'll notice here is there is no residential on this site. We know that it was a concern. That that might be what this this was prepared for but you know We we are here tonight to sort of make that commitment to you all that we are going to do a commercial Development on this property. It's not going to be residential and as Michael Bayer mentioned That there is the the 50% statute that we are working around here. So that so I You know, we're here standing before you tonight to say we're committed to this. We are doing a commercial project here. It's not going to be, you know, residential or anything else.

Just to clarify, phase two is still in?

Phase two is still residential. Sorry. Not more, I should say, not more residential. Right. Yes.

And for benefit of those that weren't here at the time, that was? an early concern when we approved phase two we didn't want the rest at that time they weren't able to give us a big picture game plan and we wanted to not let it turn into a apartment farm yeah and that's where the 50 target came in and that's how it's playing out so

correct so yeah my my objective tonight really was to just express the vision for what we have here lay out sort of the process from where we go to here and really what we're here to do tonight is is to approve this plan to to facilitate step one and two of this plan which is take down the mall and go secure an anchor tenant um we did come to the the meeting i think it was Was it two months ago where we talked about DRAs? We've been talking about discussions about how to facilitate this strategy. DRAs was the first option that we were going to pursue. Not even necessarily because it was... you know preferred or anything like that but we we personally as as people who are now literally invested in this community community as of you know two hours ago we thought that dras were a good thing for the town of bel air so we wanted to come here and and support that obviously we know how the vote went at the planning commission but um so with that vote uh that's why we're here in front of you tonight like i said step one and two uh is to approve approve this plan which again is um lacking probably in detail but you know mr bayer has sort of laid out a list of conditions that frankly makes it impossible for us to not come back in front of you and the and the reason is that's the point We know that once we secure Major Tenant B, there's going to be changes. There's no reason for us to pretend that this plan is final. There's going to be changes. We fully intend to come back and get in front of you for a more fully finalized plan. That's the end of my presentation like I said Fred Ward is here if we have if there are any you know technical questions about the actual engineered drawings that were presented we're again very excited to present you this tonight this is you know I I've used sort of the The first step in really finishing what has been a very, you know, it's been long for us. It's been even longer for the town of Bel Air, right? In terms of what is going to happen to the mall and bringing that to a conclusion. Finally, as I mentioned, we're closing on phase three and four. We're starting demolition here. So the time is now. And, you know, I'll stop there and ask or pause for questions.

Thank you, sir. I know I'll speak for myself. You know, I had mixed feelings on the mall always have. I have some reservations on a few items, you know, safety. I think I brought that up every time. Yes. The crosswalks is still a thing that I really would like to see race crosswalks. They got them at the hospital. They work great there.

Yeah. I do think that that might be a better possibility here. You remember, yes, I remember that discussion well, that we had a challenge here with our truck traffic, right? And because we have really effectively different access points for what will be major tenant B, particularly on the east side of this development, I do think that could be a possibility here for sure.

Yeah, and I'm concerned that we haven't seen MDOT get back to us with the traffic study for phase five, because that was one I think was a little more something had to be looked at a little closer than the others. Yeah. Because of the way you're going to they're going to turn into the new area. So I'm interested in seeing how that turns out. But uh, Yeah, the safety, the crosswalks, you know, I see a lot of these open shopping centers. That's the way it is. I mean, we got to go with the way things are going. It's just the way it is. But a lot of these open shopping centers, people fly through them. I hate going to them, and they're dangerous. And I do like the concept. I think Kevin, he always wrote in, put in more trees. And I saw the report that came back from – KLS Design, and I didn't get a chance to read the whole thing. They got some very good suggestions in there, and I think they would be great to be incorporated into this a little more. I know Kevin was big into incorporating more shrubs, trees, green space. Screening was a big issue. I think it still is with some of the folks on the screening of the dumpsters and those areas. I know you guys are well above the parking requirements and ADA requirements, you're meeting all that. But like I said, the safety was the biggest thing that I keep frowning on. And you did agree to put splashing stop signs on the main drag coming in. Yes. And just for the record, if a truck driver breaks eggs going over a speed bump, he shouldn't be driving an 18-wheeler truck. Yeah. Because I know that was one of the arguments.

Yeah, it's more of a, you know.

No one likes speed bumps. I'm talking speed humps. Yes. It's a big difference. It does slow traffic down. I wish we had more in Bel Air. And one of the items that came up a few meetings ago, I'm bringing it back up if you remember, Bell Air Volunteer Fire Company now requires Knox boxes. And we talked that that's going to be included in all the phases. I believe it can be added in, right? Yes.

yeah you guys can step I'm kind of taking a list as you're talking on to help Michael and the department out for what the requirements might be in your final thing but yes that was discussed at various different meetings Knox boxes and I'm pretty sure Bella our volunteer fire company always says that in their comments I haven't seen their comments but yeah we can have it not that can definitely be a requirement if you want to

These are all, again, conditions that we can agree to. These are all 100% going to be fleshed out when we have a better idea of what the final design is going to be. But I agree with what you're saying, and I think it's more of a possibility here. I wasn't intentionally being difficult on the other one.

No, the presentations have been great. I have no argument that any of your presentations were Mr. Mudd's. I am a little fuzzy on the front center there on the Bel Air roadside the strip that's there now yes those businesses are basic is that going to be totally revamped or is that going to remain so we submitted the elevations of what it will look like as part of that but do you want to speak to that yeah

Hi, John Michelle. Michelle. Michelle, CBL Properties, 2030 Hamilton Place Boulevard, Chattanooga, Tennessee, 37421. Good to be before you all again. Nice to see you. So many of those shops, as Matt described, have long term leases. Not all of them, but a number of them. So those that have long term leases will be preserved. So I can name a few of them. Five Guys, Kadoba, Bonefish, and a few others. Some of them do not have tenants in them. They would be released and the vision that you see that Matt described is to punch through the mall entry and the vacancy to the right of the mall entry to create that open corridor. So some of the businesses will remain. There will be some new businesses in them in the future. Does that answer that question?

For me, yes. Okay. And I was just curious on the businesses I know that wanted to stay in the mall. And I know they've been hardcore, and I'm proud that they are hardcore. Are they getting any chance of, is that something you guys are going to get offered and move into other places?

We're having lots of different conversations with a lot of businesses. Many of the businesses, if you've walked through them all, have already closed down. But there are certain businesses that are remaining on a short-term basis, and some of them have expressed interest in moving out front. A couple of them are the process of relocating out front and their conversations that we're having we obviously are in the business of leasing space so when we have tenants we're happy to have conversations with them and some of some of them are gonna work out in front

I'm glad to hear that we're also we're also talking to a few as well you know maybe I shouldn't say but a jewelry store this new design is that gonna affect their loading zones the ones that are presently there doing this tear down and construct you know doing reconstruction his loading zones no no uh so um it's not going to affect our loading zones in any way as i mentioned because of the the traffic improvements that the phase two is doing we have to come in on the on the on the baltimore pike side um so but this has more direct access from bolton street um so there's no basically you know

we're coming in at the top and they're coming in at the bottom so no no issue there okay that's pretty much my main points uh like to open it up to the rest of the staff you have multiple options shown for the front for the both the front and rear facade developments which

We have multiple options and we haven't picked one at this point so they're just very preliminary from our point of view and presented them sort of at the didn't realize we needed to have the quality of presentation that that Matt drew for the rest of the buildings so those need to be refined and will be refined in the future with everything that we bring back great but from what you were saying like when I look at these it almost you know a couple of them that that that main

that main aisle you've almost got storefronts in them in i guess option one you've got you have an opening but then you have structure over top of it so you'll be clarifying if it's going to be you know so that it's visible from baltimore pike absolutely those are details that need to be clarified and will be clarified we presented that just to show you the idea okay and then you said that uh for um you know along the plaza area

the you'll be reconfiguring those storefronts uh as as well and you know when we get final plans i think it's likely and the plan that matt presented i think we all love that plan we think it's a great way to open the site up and create some visibility and also some additional green area but as matt described we're not Committed to a final vision here, we need to get the anchor tenant in the site plan and come back to you with a final vision. But these are clearly the ideas and the directions that line up with basically everything that we've been doing and Matt's company's been doing across the site.

I was just going to add, maybe just in case you didn't make it clear, so when he was talking about long-term leases, he can't just reskin their tenant space while they're still in it. So that's why there's sort of a point where it makes sense to alter it as tenants move in and out.

so if you get to you know you get approval and you do the and you do the demo it'll just be you'll you'll fix up the rear facade as much as you need to just to close in space um even while those tenants are there yeah so that a lot i don't think there's options there right on the rear facade Yeah, there were options on the rear. Yeah.

Okay, well, it's gonna, we're going to restore it in accordance with with the elevations that were submitted. So we'll, we'll select detail, we'll select an option.

Okay, I'll just try to get since really what we're looking at is more of the overall concept, not the not not the final details that just trying to get a better sense of exactly where things are going.

Okay. Yeah.

Anyone else? Yeah, you know, usually when an applicant comes in before us with the parking, they're right there with the parking. You guys are 708 over. Is there a reason? Is that you thinking it's going to give you some leeway to do something? Are you going to maybe later on eliminate some of those parking spaces and put some green space in? What's going on?

So as I mentioned, we're showing you what is real right now, and right now it's fitness. And so fitness users just have a much higher parking requirement. You know, grocery stores like five per thousand fitness is more like 10 per thousand just because people stay longer and they have very their peak times are very, you know, when when people are at the gym, everybody's at the gym. So that's what we're showing here. But again, it all depends on the finalization of that tenant. What you're suggesting is entirely possible depending on who ends up going there.

maybe I have a question for you so understanding that you know they'll be coming back with you know with detail on the buildings once they get you know once you get some things locked in but if the goal here is to get approval of this concept plan so that you can then get a demo permit to knock down the existing building, how does that happen administratively? If the planning commission says, okay, we approve this, I'll call it concept plan for phase six, then that allows them to go in for demo even while we're waiting to get

more detailed plans correct so they have a plan before you you have the absolute right to put whatever restrictions on their requirements for the future they're kind of giving you a heads up hey we're going to come back in but that doesn't mean that you just don't take an action the Planning Commission has to take an action with respect under the code to the site plan and what's been presented to it you can put as many requirements as you want on this you could say you know right to your point raised crosswalks want to see come back revise the site plan with crazed crosswalks will obviously incorporate the comments from KLS small but you can't unless you don't have enough to make a decision which would result in a tabling and saying I don't have something to my knowledge based on what the department has told me they have submitted everything that they need to under the code in order to get before you so it's up to you guys so I I'm continuing to take notes to help the department So if there's something specific that you believe needs to be addressed in their final site plan, please by all means, you know, or their architectural renderings or anything that's before you. I mean my only concern was with some of the stuff coming in at the at the very end just didn't get it really a chance to review it I don't know that I've seen Kevin you know KLS's comments on landscaping but Okay if that's the case then the board can move to table it and bring them back in July in order to have an opportunity I understand because I mean we move this as fast as they gave it to us

so I mean I'm not sure that I want a table and I just want to understand you know what the you know what the next step is if it's like okay they you know they want to get approval so that they can take the next step and and prepare for demo whether it's environmental assessments you know whatever you're doing in Macy's you've got to you've got to get the environmental stuff taken care of you know it's going to take you a while to get to get through that I also understand that it'd be nice to get that building out of the middle just so that you have staging and storage for building you know these other phases that you've got you know that you're that you're getting lined up. I just don't want us to be boxed. It's like, okay, as we get as we get this more detailed information that we can continue to, to comment.

It's up to the Planning Commission. I mean, you have the basics, you know, to check the box on the code. I mean, I would have liked to have seen them bring everything in all at once. I wasn't aware the arcs didn't come in. I wasn't aware that the landscape came in. I warned Chris Mudd that there was an entire possibility that the planning we would leave it to the Planning Commission's discretion as to whether to table if they had opportunity to review everything so it's up to you you could literally say everything that's in this in KLS because I think Jimmy said he wanted again correct me if I'm wrong you want all the comments from the landscape architect to be incorporated in the final landscape plan

so he's kind of already said that so I have that down as a requirement is there anything else that you know I'd like to see clearer how they plan on doing their crosswalks and you know I know you guys agreed to the flashing red stop signs for the main drag you guys agreed to put the little plastic signs in the middle I think Kevin had you guys agreed to narrow the main road which is going to help as well which I appreciated all those ideas you guys added into it I just think to raise sidewalks crosswalks would be

better option Along that line I'm sorry Matt not to interrupt there is a raised crosswalk that's noted on here I just saw it it's kind of the if you will the middle crosswalk that runs from the existing shops 1100 to 1200 does it go all the way back to tenant A where the Sorry so

Tom Miner, Frederick Ward Associates. So they're raised sidewalks throughout the rest of the development. Crosswalks. Crosswalks. Yeah, sidewalks. Yeah, I hope the sidewalks are raised. Yeah, so they're raised crosswalks throughout the rest of the development other than that one drag. Okay. Mainly because of Whole Foods. But otherwise, everything else will be having raised crosswalks.

Okay, so everything will have raised crosswalks?

Generally speaking, I mean, there might be one or two crosswalks that might get weird trying to raise it, but that is the plan throughout the site to address that concern.

So that needs to be on the site plan? This is a very conceptual plan but to make a statement like everything will when we're gonna redesign something we don't exactly know what the design everything should or should consider you know those sort of this sort of the unintended consequences of using.

But if you're coming back to modify then you can just request it to be changed.

fair enough and I think that if that's how it works I just and I think our intention is to comply with all the wishes but also we recognize we're gonna we're gonna bake this up further and hopefully better with this input when we when we're ready to come back and again primarily the the goal of the iterative approval is to get the ability to effectuate the demolition so that there's not a antiquated you know three-quarter mall sitting in the parking lot next to the beautiful shoppings under an apartment building That is really, again, just kind of centering ourselves on why we're here tonight is to take the opportunity to tear down the mall while all the other construction is taking place to create an area that should help all the other construction and should be, at the very least, a temporary amenity for the town and for the other projects while we continue to work on what a final vision will look like. I mean in terms of being a temporary amenity with you know with your planned construction schedule you know you're gonna are you would you be looking to to knock down the mall later this year I think we would be looking to do it probably as soon as possible when we're ready recognizing that there are tenants that are still occupying space so I don't think it would happen tomorrow but i think it would happen as soon as possible and as far as an amenity goes it would be an amenity when the other projects opened we wouldn't we wouldn't want to be um anyone utilizing that area while the other projects were under construction because that wouldn't likely be safe it would be worked into the construction schedules of really matt's project but also taking into consideration the other project the multi-family project going on on bolton road Okay.

And understand, like, I think I need to be said, too, because, you know, so there's no confusion. If the Planning Commission sets out requirements and says, this is what I want to see, and the developer subsequently either changes his plans or finds out a requirement is an issue, the developer can come back to the Planning Commission and request for a requirement to be waived or modified at a later time so my point is is that if they approve this with a substantial amount of requirements which is what I understood Chris said was sufficient and something turns out to be not feasible right you can come back to the Planning Commission and have it looked at the Planning Department and them as well so this plan allows them to maintain that 50% commercial because if they knock them all down that's gonna be a problem for them for 50% so okay And a traffic study could also throw a wrench into some of the planning would have to be changed as well yeah so the truck traffic and Yeah, so I mean, I appreciate the honesty, but at the same time, the Planning Commission has to do its duty under the Town of Bel Air code, whatever it believes is necessary.

Yeah and and again that like just to your point that it's all fine right because we're not here asking you to approve something that anyone feels uncomfortable with because we like we're coming back 100 percent there's that you we have to and so the the conditions can sort of be you know obviously not crazy but what you know whatever And as far as sort of tabling it, like fundamentally, like whether it gets approved tonight or at the next meeting, it's like we're fundamentally going to be in the same spot either way, right? And with us closing and starting demolition, you know, that's why we're sort of respectfully asking that we approve tonight with whatever conditions you would like to put on it, because it's really not going to make any difference in the overall strategy. We're going to have to come back in six months or whenever you know, we we have this this tenant lined up and we have approved lease and an approved plan that they're good with and and then we're gonna present it just like we did with phase three employees for we're gonna work through all the Crosswalks and and whatever else so

So I invited Charlie to attend just to clarify a bit on the critical path of process moving forward on the demo permit and some of the other related requirements. So do you want to let us know those?

Sure. Charlie Dawson, Deputy Director of Public Works. Just a comment. Phase 3 and Phase 4 cannot happen unless they demo them all. Where phase three and four is now, my sewer sits, or the town of Bel Air sewer sits, sorry. So in order for them to, they need to demo the mall, then move the sewer to where Macy's is so that they can start phase three and four, if I'm correct, if I have a word, correct?

Tom?

Yes, a piece of the mall. All of Macy's, pretty much. Yes. So that's kind of why they came here. In order to do that, they need to have that done. They can't start phase three and four. As far as what they're doing for phase six, as far as public works, they're still going to need to get a grading permit.

We'll probably waive stormwater management for now, but we'll still have to get a grading permit.

So they haven't submitted for that as of yet. So that would hold up their demolition. But I just wanted to make the comment about the sewer.

Yeah, I think in your last meeting, last presentation, they alluded to that was coming. So we did get a heads up in the meeting last time. So any other comments from the staff? Okay, this is the time where the public can come up and voice their opinion. Again, we'll give you about five minutes. We'll be a little lenient, but we try to keep it to five minutes. Liz will give you a heads up when you're getting close to your five minutes. So if you want to come up, you want to state your name, your address, and speak as close to the mic like I am so the young lady over there can hear you, and it can be recorded. Would anybody like to come forward?

Yes, my name is Dave Greenwood. Greenwood at 1002 Amberley Court, Bel Air. Obviously, we all want this to succeed. Having looked at the plan now, my initial thoughts were provide some kind of ring road or circulation road within the footprint because traffic has always been bad. We moved here in 88, so it's never been great to circulate around the old mall. So now if you look at the safety aspects, then maybe the perimeter should be around the outside of the footprint, or alternatively, you provide frontage around the entire site to get the traffic off the roads. I mean, 24-1 Bolton and Tallgate are miserable at peak hours, peak periods. And if you're trying to make a left turn from 24 to go one into town, lot of time of the day it's almost gridlocked so somehow we're going to get the traffic that's going to be going to and from the egress ingress and egress to the mall in a better shape than it is now so um those are my thoughts i mean looking at it now with phase six maybe put the ring road around phase six maybe that would work so um I mean, the other thing too with tollgate, you had the excess at tollgate. During the holidays, that's closed off because people can't get in and out. So what's being done about that? And we can't rely on state highway, the county to make improvements after the fact. This is your opportunity to make improvements now. Questions?

I got a, Mr. Miner, I got a question for you for this gentleman. Can you highlight the internal, it's a little hard to see on that drawing, because I know you guys plan the internal roadway within there.

I saw it here but I didn't see it go around the front here along Route 1 so there's the parking lot with those internal parking lot drive aisles they go around the front here as well I'm not talking about drive aisles I'm talking about a ring road permanent road like White Marsh Mall White Marsh Mall and Rundle Mills I know they're much larger but still get the traffic off of the main drag into the development everybody can circulate and go to wherever they want without having to leave and come in again if you go to the back side of the hartford mall now and you want to go to bonefish grill or something like that you're going to go all the way around there's still an internal it's it's closer in but along this length here and it's a lot harder the way i'm looking at it and

Across this length here is one of the drive aisles along here, which we're putting in phase three and four. Phase two is going to be reconstructing this one. And then you have your length of connection along here as well. So there is a loop. It's just internal to the site more than...

right along the road yeah well having a loop road a perimeter road is different than having a circulation road with parking oh sorry having a loop road or permanent road is a lot different than having or having just a drive aisle with parking along it when you have a loop road or perimeter road you know you don't want people going fast at the same time they can it basically just loops around they don't have to then they drive into where they want to be and not have to worry about people coming back in and out of their spots Because people are going to do that. They're going to just bump out into the traffic. Thank you.

Thank you. Would anyone else like to come up? Yes, ma'am.

Hi Jessica Riley-Hannon 2503 Fairway Drive Bel Air MD 21015 I'm running for County Council right now so I have a lot of social media going on I'm doing a lot of door knocking so some of the comments I'm just going to share that I've heard from others I'm very obviously a layperson probably when I make these comments but I'll just let you know what I've been hearing and one of my own thoughts a lot of the community is hoping for as much green area as possible I know that people have commented, I believe you said these drawings are a little bit different than they used to be, but on one of the drawings I saw before, people were talking about how the green space seemed to be broken up by parking areas and there was concern about walking to and from green space to green space with traffic cutting through. The other thing is, and I'm sure this is too late, but I'll still mention that a lot of people aren't happy that there's the residential portion of this going in and as much of it is going in. And then the last thing, Mr. Hines, I appreciated you bringing this up, is about the crosswalks. and again i'm not familiar enough with this but one of the things i was thinking about is a crosswalk a good one that looks nice across 24 to kind of connect with downtown bel air since they've done all that work along thomas street with the lights and the pavers it looks really nice and i think the more walkable we can keep things that's at least going to help with the feel of small town kind of charm still i mean this is pretty big for small town but i think if it feels walkable that could kind of just help people feel better about it and just stay in keeping with the current character of the community. That's all, thank you.

Thank you. Would anyone else like to come up and speak? Okay. I guess it's time for a motion. Oh, yeah, sure. Good, Charlie.

Sorry. Sorry, Charlie Dawson. I agree with Mr. Slayer and the lady who just spoke. If you have that many excess parking spaces, there should be a lot more green space. So I would when you figure out what you have, if you don't need it, it should be green space. That's the way we do stuff. That's how DPW treats it.

I believe that's one of the recommendations in here in this package.

in Kevin's I think Kevin's comments in it yeah yes so I have um this is what I have so far so tell me if I've missed anything raised crosswalks incorporate landscape architects comments from KLS design and landscape plan Bel Air Volunteer Fire Company comments and installation of Knox boxes. It's kind of all I have right now, except, I mean, there's going to be the standard requirements, you know, SHA, you know, Maryland American Water, you know, the standard ones. Was there anything else that I missed specifically?

What was the comments from who?

Comments from Bel Air Volunteer Fire Company and Incorporation of Knox Boxes.

There was one before that.

Oh, comments of Kevin's, landscape architects on the landscape plan.

There was also Mr. Edmeade's comments.

Oh, okay. Architecture. Oh, yeah. Yeah, I think that's part of the standard, you know, those things. But I'll make a note.

And, of course, the traffic study.

Yeah, it's going to be conditioned on a traffic stress study. I was asked by Detective Ganofsky from the Bel Air Police Department. We've been working very closely with the all of the developers and the owner, we would require they're asking for on site security features to be coordinated through Bel Air PD. They have been working with us. That's okay with the Planning Commission. I would add that.

Will you be doing site lighting? I mean, I didn't see anything indicating new lighting.

Yes, there will be site lighting. Yes, for sure. That's going to get coordinated through BG&E. BG&E?

they should have to submit a photometric plan for review for planning and DPW and just FYI knock box is a requirement of the IFC code the international fire code anyway so they're required to have them anyway I just don't know any of them in Bel Air I don't know too many of them but that's why we keep want to bring it up because

the existing buildings are going to need to be brought up to that same standard I would assume in all your phases correct

Did you consider any other areas where you might be able to harvest paving, create more green space since you do have ‑‑ it's not like you're just a little ‑‑ It's frankly next to major tenant B I think would make the most sense.

Again, it's a fitness user that's most serious in the space right now. Again, it's all things that we can consider. It's actually good to have this feedback right now because we can talk about it with them before we come back in front of you. But this is the parking that we know that fitness users need. But yes, I just want to be very clear. If we don't need it, we're 100% on board with you. We're not coming in here to create a CEA payment. I mean, it's a lot cheaper to leave the existing shops as they are and not do anything there, but we are creating that. because we want to do the placemaking like it's it's what makes the community successful it will make it what makes the center successful so absolutely if we can afford to lose some parking spaces we will okay yeah yeah i'd like for you to consider that you know as you as you work through this of course your next anchor tenant uh one other it's a minor comment in the uh

Why artificial turf and not grass in that one area?

In the plaza? Yeah. Just because it's meant to be a multi-purpose space. Again, we don't really have an exact plan on what it will be. We certainly could do real grass in there. but just we we anticipate it just because it's gonna have double-sided retail that's gonna be a very trafficked area and you know the last thing you want is grass that's getting trodden over constantly and it's dead and it's hard to keep alive so that's that's why.

Any more comments? Good. Ready? Got a motion.

I I first move that planning Commission notes that the proposed use meets the provisions of the 2022 comprehensive plan as required by town code section 16519. Second.

Kind of roll call Jeff I Peter Jerry. Phil? Aye. The chairs, aye.

OK. Now, I move that the site plan approval be conditioned on the following.

Too close.

Prior to building permit application submission of a final site plan for signature incorporating comments from the staff report and comments from Maryland Department of Transportation comments dated May 22nd of 2026. By the Hartford County Health Department, which are pending. By Hartford County Soil Conservation District. May 2026 by the Bel Air Public Works. Comments dated May 26th of 2026. That seems better. Maybe. Number two, prior to approval of utility construction drawings, applicant must address comments from Maryland American Water Company. Three, complete all site work on the final site plan prior to issuance of the final use and occupancy permit. A, construction of required improvements outlined in the Town Traffic Impact Analysis is conditional approval letter pending. B, landscape installation. Number four, coordination of utility placement, easements, and rights away with the Department of Public Works prior to building permit issuance. Number five, submission and approval of a traffic impact study prior to building permit issuance. Number six, revision to... service access and refuse recycling for the proposed development. Number seven, revision to pedestrian access and green space within the proposed development. Number eight, submission and review of colored architectural elevations for all sides of the proposed development. Number nine, provision of a public amenity of $10,000 as required based on section 165-118 of the code. Number 10, raised crosswalks. Number 11. Counselor, do we need anything more on landscaping than what we've already stated in, where did it go?

In the staff report?

Yeah, in the... Number seven.

So in the in the case of the landscape plan review comments, those came in after the staff report is currently written.

Oh, yeah. So yeah, so we'll have to add that, I think. Okay. Okay. But we will add that.

comments from the landscape report number 12 fire department knocks boxes number 13 completion of the traffic study assessing the impact of phase six photometric plan to

Photometric plan. Charlie said he needed a photometric plan.

14, photometric plan.

Oh, it's down there. Oh, sorry.

OK. Second.

Roll call. Jeff.

Aye.

Peter. Aye. Cherry.

Aye.

Phil. Aye. Chair's aye.

okay who would like to take on the landscape plan there or do we have to still do that since we just added that in i think you did you guys approve it next next is your yes occupancy um i haven't seen kevin's comments i mean i can i can read them okay um

make a motion to approve the landscape plan with the following comments for landscapes plans one and two scale provided is incorrect certification signature blocks are for site plan and not landscape plan the use is labeled as including shopping center the correct use is mixed-use Center No proposed area lighting is shown. This must include a reference to fixture type and pole pedestal height. Required landscape, required landscape notes part of checklist are not shown on the detail sheet. The project area does not appear to include parking associated with buildings 900 and 1000. This parking area located between the buildings and us business route one is considered part of the proposed project included in the review comments. Stormwater management devices and transformers are located within planting islands given the excessive amount of parking provided. It is recommended that these devices be relocated or the islands expanded to accommodate landscape. Foundation planting is shown around selected buildings. Foundation plantings are not reviewed and may be removed by the applicant if desired. other landscape comments street trees the frontage along us business route one is 420 linear feet resulting in a requirement of 11 major deciduous trees or 14 minor deciduous trees the plan shows seven trees located along the frontage excuse me The plan shows seven trees located along the frontage with no overhead lines to obstruct tree growth. The existing trees should be identified and noted on the plan and four additional major deciduous trees proposed. Perimeter landscape. Commercial parking abutting right of way requires a three foot width buffer and one planting unit per 25 linear feet foot. The length of buffer is 400 feet along US Business One resulting in 16 planting units required. It is recommended the applicant provide 160 per cantha coccanea at four foot on center to satisfy the requirement. Interior lot landscape. There are 499 parking spaces provided within the project resulting in 50 major deciduous trees required. The parking area between buildings 900 and 1000 and US Business Route 1 has no trees shown on the plan and also violates the requirements of no more than 20 spaces without a landscape island. In addition, the area does not appear to satisfy the 8% landscape requirements required in the code. It is suggested additional islands be provided with associated major deciduous trees. There are 37 major deciduous trees shown on the plan and notes indicate 40 proposed. Calculations which include the parking along US Business 1 require 50 trees. Please keep in mind that any proposed tree must be interior and immediately adjacent to parking to be counted as part of the requirements several may several minor deciduous trees shown on the plan do not satisfy the interior parking requirement as provided in the code some of these may be substituted for major deciduous trees to meet the requirement if desired service area buffer All assumed service areas, loading, unloading, and refuse recycling do not appear to have any buffering to public areas. A fence wall or evergreen landscape or combination thereof must be provided in these areas to provide an adequate buffer to the public. Proposed plantings, cornus cusa, Korean dogwood produces fruit and is not recommended near parking or pedestrian walks. Glossy abelia and knockout roses are not recommended as proposed since they do not tolerate urban conditions well.

Do I have a second?

Second.

Roll call. Jeff?

Aye.

Peter?

Aye.

Cherry?

Aye.

Phil?

Aye.

Chair? Aye. Okay who wants to take on the next one?

All right. Okay, Phil. Move for the special development for the mixed-use center. Special development for mixed-use center is based upon the following findings of fact that the applicant has adequately demonstrated adherence to Section 165-53.I.2G. A, the applicant has provided a unified arrangement of buildings, service areas, parking, signage, and landscaping. B, the architecture, site design, lighting, and signage incorporate consistent design and theme elements and materials, massing and facade design for the project that is in harmony with the character of the neighborhood. The internal circulation system is designed to minimize through traffic and traffic conflicts within the project. Safe pedestrian movement and the provision of pedestrian walks within the parking lot and surrounding the building perimeter is considered in the design. E. All proposed establishments have vehicular service access either from an individual service drive space or from a common service yard. All loading, trash removal, compaction, or similar activities are segregated from the public areas and screened from public view. F. Signs to identify the use of an occupant will be designed as part of the architectural design of the building. Proposed signage is conditioned for approval of the preliminary plan and is subject to review and approval by the planning commission. G, directional and informational signs will be adequately provided and design coordinated. H, center management is responsible for providing on-site security service. I, a traffic and or parking study was submitted and is under review. And J, the owners of all lots have executed and recorded a development agreement with the town providing that all owners acknowledge and agree to be bound by performance standards as an overall scheme of development. outlining all shared elements granting reciprocal easements to permit each owner to access any other owner's lot or parcel of land for the purposes of compliance with the town code and for either remediating any zoning violation or to comply with the town code for the purposes of any approvals sought by any of the owners of the lot and agreeing that the town shall permit enforcement of any portion of the town code upon one or more owners of any lot or parcel of land contained within the mixed use center scheme of development the applicant has executed and is being circulated within the town a development agreement second

Roll call. Jeffrey?

Aye.

Peter?

Aye.

Jerry?

Aye.

Phil?

Aye.

And the chair is an aye. I think that completes all the items.

What about the architectural stuff? Do we need to read that in as well?

okay okay do we have any other items anyone would like to bring up on the staff that we need to talk about nothing from us we're good what well are we on the uh any comments are we off the any comments well except for once again thank you phil rob for your dedicated years of service you will be missed thank you so much yes you will

The only other comment I had is I think last time we talked about that clock at the corner of Churchville and Bond Street, and Don Coats got back to us and said that that's the Maryland American Water Works. And I think it's important that if we're going to have as a you know a factor that they have a public amenity that they maintain it and you know the fact that that clock is just sitting there with weeds and hasn't worked and It's correct twice a day. It is correct twice a day. That's right. It's 10 o'clock twice a day But I just think that these public amenities they need to maintain them and I think that the town needs to get in touch with Maryland American Water and Get it going

Sounds like a job for the deputy over there, DPW.

We are responsible for maintenance, so we have looking to purchase a new clock. We're responsible for the maintenance of it?

Unfortunately, yes. I don't see that as a.

Well, the water park we did too, and we still maintain it, so we are responsible. We're buying a new clock. It hasn't come in yet. Oh, okay, so you're doing it. Yeah, we are purchasing a clock and replacing it. All right. So Maryland American. It was budgeted this year with the court. Interesting.

And also the other, both clocks were broken, were they not? The one at Fulford in Maine?

That's the one. Sorry, I thought that's the one we were talking about.

Was also the one at 22 and Bond. 22 and Bond.

Right on the corner.

That's the one I'm talking about. There's a second clock.

Down by Pennsylvania.

I thought it was up near 22 and Main. 22 and Main. I thought it was up at Fulford Avenue, Baltimore Pike and Main.

The two I know about are across in the black box Hartford County yes No, there's one there and then one down by Pennsylvania where the old jeweler was Okay any other comments

Again, Phil, it's been a pleasure. With that, meeting's adjourned. Oh, wait a minute. I got to have a motion.

Move to adjourn.

So moved.

Second.

I'll call Jeff. Peter.

Jerry. Phil. The chair, aye.