Westminster Planning & Zoning Commission - Regular Meeting

I'm gonna I'm going to call the Thursday, April 17th meeting of the planning and zoning commission to order and let you know that the city attorney, Lynn Hort, is on virtual tonight. She's not with us in person, but she's there in spirit. And yep, she is here. So, um, I want to read a statement for the record before we get started here. Closed meeting of Thursday, December 19th, 2024, in accordance with the general provisions article section 3-306 C2 of the annotated code of Maryland. And without objection, it is noted that the minutes of tonight's meeting reflect the planning and zoning commission met in a closed meeting Thursday, December 19th at 654 p.m. pursuant to general provision article section 3-305 B7 to consult with legal counsel to obtain legal advice. Okay. The next item is the uh approval of meeting summary. I think you have before you the approval of meeting someone. Yeah, that's that's inside your folder. Everybody got it in your email. Oh, that that went out about and then it was posted on. Okay, better. I'll just take a moment here if anybody wants to see that. Good. I make a motion to approve. Second. Motion's been made and seconded to approve the meeting uh approval of meeting summary from Thursday, October 17th. All in favor say I. I have it. Thank you.

Okay. The next item is to have a um a public hearing. I'll introduce this and then open the hearing. Um, tonight's a public hearing on ordinance number 25-04, an ordinance of the Maran Common Council of Westminster approving local map amendment LMA 252 to designate certain real property identified as tax account number 07-153155, tax map 0113, grid 009, parcel 6805, located in the IR restricted industrial zone as a floating cannabis overlay zone for the establishment of a cannabis processor. At this point, I'm going to open the hearing and in a moment turn it over to Mark. Is there anybody that will want to testify later on this issue? I see there's a name on Okay. All right. I just want to make sure I just want to give a brief discussion, brief description for the operation. So, first I'll turn it over to Mark and then I'll open it up to you, sir. Thank you. WHR Holdings LLC is requesting approval to operate a cannabis processing use. And this is an application local map amendment LMA2502 at the subject property which is zoned restricted industrial and and is within the cannabis overlay district as a floating cannabis overlay zone. The ordinance before you tonight, 202504, if approved, would also approve LMA 25502 and reszone the portion of tenant space identified as suite 8 to allow for the operation of the cannabis process in

use. Although the floating cannabis zone would be applied to sweet 8, um the property itself, including sweet 8 are still subject to the underlying IR industrial restricted industrial zone regulations as well as a cannabis overlay district regulations. Uh the planning zoning commission notice of public hearing full ordinance 202504 was advertised on March 26, 2024 and April 2nd 2024 in the Carol County times for insurance zoning ordinance section 164185A. On March 10th, 2025, the mayor and common council introduced ordinance 202504 and referred this ordinance to the planning and zoning commission for its review and recommendation to the mayor and county council. The Department of Community Planning Development recommends that the planning and zoning commission approve or recommend approval of ordinance 2025 of the forward approving local map amendment LMA2502 to the mayor and common council as introduced by the mayor and common council for March 10th, 2025. That completes my report any questions and the applicant is here. Any questions of Mr. D? Okay. So, your name is Harold Brains. That's correct. This is your opportunity to speak Dan. Yeah. Anyhow, my name is Daryl Brains. I live lived in Westminster over 40 years. I'm a disabled veteran and I won a pretty much say a lottery for social equity. I'm a social equity company as well and uh with the Maryland Cannabis Association. It was a long process and I've had a difficult time in the county getting a facility and I just so

happened this building is a friend of mine who owns the building and he's agreed to let me use this space which I've already had the um Maryland Cannabis State of Maryland come and inspect the building. They're okay with it. I just had to get the approval of the local authority. That's where I stand. Um, so I am said disabled veteran. I've ran several companies. I ran electronic companies, contracting companies. I've been my self-employed for a lot of years. What exactly do you do? Sorry, that's what I wanted to get to next is right now or is a small This is a small operation. What they've done is they they give they're given opportunity for people to get into the cannabis industry that uh that aren't big companies. So this is called a microprocessor. So they put out the state to help social disadvantaged companies uh you know work in this market and I happen to win in this district and it was like there was only 175 people in the state out of 2500 and they it was a random number draw and like I said it was long process to get to that point and a lot of money to get this what I'm going to do is a process veterans people of color That's right. Okay. Yes. So, this what I want is actually not a dispensary, it's a processor. So, it's small, very small operation. And all I'm going to be doing in this location is just packaging. So, that it's kind of like ever since used to be growers would go right to the dispensaries and they break the stuff down, but ever since co they started really packaging and making it, you know, seal, you know, childproofing, sealed up good. And so the processors got involved to process and package the stuff into smaller and then give it to the dispensaries. So

this building I have I'm not to have any I I didn't like that it went into the newspaper, but I had to do that. I asked not to, but the state doesn't want me any kind of advertising. They don't want any signage. It's just a small operation. That's it. So what exact are you in? It's in You know where the emissions emissions is. So that you're coming up aon it's on the right hand side and it's on the back side where you can't really tell where it's at. So it's a perfect location and actually it's a perfect location because the guy that owns the building he's in that building he does you know calibration. So and then right beside me is the actual there's actually a testing facility for cannabis testing is in the other building. So every product I get has to be tested and fortunately they're right next door. So it works out perfectly. So all I'm going to do is take say a larger amount and break down. I'm not my allocation is very small for the year as well. So it's not a big operation. It's a small operation. Where do you get your product? I can get it from anywhere in the state. I can get there's like 12 different growers in the state that they're in. There's a big one in Cumberland, Maryland. There's a big one just outside of Tiny Town. There's going to be a new one in Tiny Town. Uh there Kent County there. There's probably 12 large growers in the state, but they've also Maryland with the social equity. They've also put in micro growers. So, I know there's going to be a micro grower going to be put in down at just so a smaller someone that doesn't have as much money can get involved with the cannabis industry. And by the Maryland state law, dispensaries have got to put 30% of a social equity company's product in their dispensaries to try to give the small man a chance instead of these big

because I don't know if you know this or not, but a lot of the bigger companies, there's a lot of big companies out there that are in like multi multi-states in Maryland and they're just overrun and Maryland wants to try. I think this is either the first or second state that's trying this to give a smaller guy opportunity. You know, social equity company opportunity. Any any question from commission members? So you'll be business to business, not business to consumer. No, no, business to business. This is a business to business. I actually will go get from the growers and I will package it in smaller and get to the dispensaries. Yes. So you can sell to any dispensary in the state. Any dispensary in the state can't go out of state. That's why I question some of these things because some of these bigger companies are in 14 15 different states. So I don't know how they control that. Oh. The building you're in, you're going to be in. It's owned by one person. Yes. Who? His name's Doug Sims. Oh, okay. He's been there for years. Friend of mine. Any any further comment by anybody or anybody else in the audience on this topic? Okay. Hearing none, I'm going to u close the public hearing and uh think about what the commission's pleasure is. Go to the back page. There's a few what the staff has recommended the plans commission recommend approval of ordinance

2025-04 approving local map amendment element 25502. The American Council was introduced by the American Council on March 10th. That's what was recommended. Of course, we have a couple of options, but I move that the Planning and Zing Commission for the recommendation to approve ordinance 2025-04 to the mayor and common council as introduced by the mayor and common council on March 10th, 2025. Is there a second? I'll second it. A motion been made and seconded to for toward a recommendation to approve ordinance 2025 before the council was introduced on March 10th. Any questions or comments? All say no. Thank you. When will that be? When will I go to the bar? The next bar the 24th 28th 28th. So we we do advertise effort to help you out in process. I see I did see that you have the 28th on there. People can still on it 28th then it's still it'll be a public hearing with mayor county council. Okay. It'll be just like this except it'll be before them. Okay. Appreciate it. Except when they approve it then it's like able to approve the ordinance and get done. Right. So at this point I'm just all I'm waiting on now is the state is waiting on me this approval. That's all. There you go. I wish you good luck in your business and hopefully I appreciate you

stay one more thing in line right thank you very much appreciate it the uh next item is the northeastern supply architectural revision y can see you and Mr. Fine, that's you. It is okay. The applicant is requesting a modification to the architectural elevations that were approved by this commission. So that's why we're here today. So the commission approved site plan S2200044 at its July 2024, I'm sorry, 2023 meeting and the final mileage were signed in February of 2024. So the one-story building um actually has been constructed and is built. However, um during my review of the um use for use and occupancy, I went out and I noticed that the awnings that were approved by the planning commission were not there. So, when I brought up uh this topic, uh it was said that they had worked with the county um to talk about different options for them and that the county said for them that the awnings were not necessary and that was it was then taken as they thought that it was a agreement that they did not need no longer needed the awnings. So um I have said that that wasn't exactly the case because of the fact that this body had approved that as part of the architectural features of the of the building and that it was part of the design preference manual that it that has to be followed. So the applicant has submitted um to request they submitted a request to modify what um was previously approved. So on the screen right now you'll see what was previously approved. Um, so I have it split between two slides, but it is in your staff report as well. So we have the south elevation, which is the front. What we're talking about is this awning here, and this awning over the back. And then you have this awning here. I do want to say though also as we

went through the process, the applicant worked with us a lot about different architectural features on the property. So we were really appreciative of the collaboration that came for from this one. So what is being requested is that that awning has no longer in the front and no longer on the back. Um and the other one was also taken off as well, but um the ones that were going over the those three um bay doors. This is now they have dock seals on them which according to what we had talked about the applicant feels and so does the county from what we had talked about is that it is an upgrade from what uh what the awning could have provided them. They feel like this is um definitely works better for their operations. And so this is um sorry okay this is what the dock seals look like on the property. We went out and just took some pro some pictures just to show you what is currently there today. So you can see um and here is the front of the property. So here would be well those pictures you can't see the doc seals anyhow, right? Because they're in the back. Yes. Yes. They were there. So um part of our uh what part of our recommendation is that um the dock seals we felt were appropriate. They worked for what the applicant feels worked better for them anyway. And also it's not seen from the public way. Um here is a picture of the front of the building which you can see from the front. I mean from the public way and that is where that awning is missing that that would have been there. Um there is a a typo if you will in your staff report. It does say that the east side of the building which I'm just going to flip real quickly back. I'm sorry. um this side of the building that has this little awning is something that you can see from the

public right of way. Uh but the applicant had pointed out that was not the case. You can't see that from from the public way. So what we are requesting um and what staff is recommending is the approval of the of the modifications besides the one in the front. We think that the one in the front should still be um like required. Oh my god. You go first on the on the go back to the drawing on the front. So which this one So where is the awnings the supposed to be? It's not it's not on this one. This is what they're proposing. So this is the what they have out there right now is that there is no awning on the front. Now if I just go back quickly, it's right here is the awning. It was over the front door. It was just part of the architectural features that were um approved with as part of the coverage manual. So, what about the what about the side? So, this here is the one that was replaced by So, it's just the front and the back that had on it. Yes. Well, there there was a side. There was a side, but we they also were planning on taking that off as well, but that's also something that's not seen by the public way. So the the recommendation is a little bit different than what was in the staff report because it was amended to say um doing the one on the front elevation that that was the one that we were uh requesting stay. The only issue is the front, right? Yes, very much. That's what we had we had talked about the side. So back here is where the three bays are and on the other side is where the that

one one is. But you can't see that from the public way. And it's already developed and there's already um buffering on that side. So you can't see it from that side anyway. And that's why they were requesting the removal, not having to do that one and not having to do the ones with the dock seals. So, they were also requesting the one to not have to do the front either, but staff is was requesting that um for the one in the front to stay. And what was the reasoning for the one in the front to stay as part of the architectural features that we had apply? Because it looks we felt that it looked kind of plain here and it didn't go by what the design preference manual was that we had approved. Is it just one little awning on one side as well? Yeah, it's over the front door to it. It looks It looks out of place. I mean, you either have awnings across across it or not. It kind of looks like an afterthought. And that's kind of what that's what staff is recommending that if we're if we're we're eliminating all other awnings that the front awning should be enhanced maintaining the chance so provides a little bit more of an entrance feature and again at least the requirements of the design preference menu. You're recommending it be bigger. Yeah, that little one looks all it seems nicely designed as it is. I'm not sure. I think audience is adding to that. I don't think the audience are adding to it. He's got the it's just a big building anyway, but they don't see where audience are going to add to that. We don't think you think you know you know what happens is when of course the county not always aware because you're going to ving off they're not always aware of all the

approvals. So I can understand completely what happened. But then in in this case of course it comes back here they go out and look it not done the same. So I understand how it happens. Oh definitely because it happens I don't want to say all the time but enough. Oh it does happen a lot between say things just don't get communicated between I very do anything at all. Yes, that met the requirements when commission approved it. Uh I can I can see the enhancement of making it bigger over the door and those two two windows next to the door. But it really is to me to make it really stand out if it should have been all the way across the front windows. I mean other then I'm kind of too excited here cuz like I say I don't I have to make somebody do something that's more than what the requirement is and the requirement was for just the little door can be um and like I say I was not on the commission at the time plans were approved. I don't remember this. And obviously I wasn't here at that time. Um I I don't even see where the little app here just does anything for the architectural image of it. Um my understanding there's al the sign is in the white area above the doors the

business I would just I would I mean at this point with everything being built and basically finished I don't think we should make the people go through additional cost installing a vigor on and since they haven't installed the little on already I can say how even do it like that. So this basically just like it is right now all the other changes. I thought you'd ask a question. So I was just going to answer the question. I didn't want to speak out of terms. Um you would ask about you know the architectural not adding to it but just it's difficult to see from some of these pictures but this building was originally speaking from the heart here. I've been with this company for I'm RJ Kle by the way been with this company for almost 40 years. Uh it's a great family-owned company. Um that being said they're very image conscious. I don't know if you can tell by what we're looking at here in this building and and the city helped us with that a little bit. This originally was designed as a metal sided like we moved from I don't know if you're familiar with where we were that's just a metalsided building. Um you know the city asked us to do these enhancements with the architectural block and and we we went we did all of that. We did the extra landscaping. They asked us to put up decorative gates and fencing. We did all of that. Um and then this was really an oversight in the building process on our part. So for you all to consider the fact of not putting any awnings on. Yes, this will certainly save us time, effort, money. Um, and we agree that it doesn't really enhance the property at all.

Um, like I said, I mean, if it was me, I mean, I would just just assume leave the way it is right now. Just leave it with no canopy at all. I agree. If I put the small can in anyway the issue would be the whole canopy it would be different. Yeah. Now I say the requirement was the small canopy is just what was approved right. The small was what was approved. Maybe I think it looks funny. Like I say, I mean, if it was the big canopy all the way across the old windows, I would say yeah, put it on. But I mean, but that falls under the perview of the planning and zoning commission. So they're asking for a modification. So it's your purview to either approve the modification, approve it with conditions. So you can certainly ask for more awning in this location to enhance this portion. they don't have an their their approval is being requested to be modified. So it's really before you guys as to what you want to do. If you don't think that preference manual for audience is appropriate essentially modifying that regulation that something we can legally do though that's yeah and that's that's yeah as far the design guidelines the standard enforced by the commission. you know, we we ask the if somebody doesn't want to meet a certain design preference requirement, we ask that the planning commission would modify that. I think if we I think if we were if we were in the approval process and it wasn't built, then I would feel a lot stronger about the full awning. I don't know about that. I mean to me like I say I mean if it was the full

awning across all the windows to enhance I think that you know that would enhance possibly the look and if this was during the approval process for the site plan and everything yeah that's what I would have liked to have seen like say I wasn't here at the time um but as it is right now I would say to eliminate the copy of all the way and approve all the other changes that were that we So we have we have uh two draft motions actually have three possibilities. One is to approve the request. One is to deny the request and one is to do something else. Okay. So madam case the pleasure is with the planning. Can I make a motion at this time? Absolutely. Okay. Um I would like to move for motion. like the planning and zoning commission to approve modifications that had been made to the other um units and remove the requirement to the awning in the front of the building. Second. So that's actually I think motion one. Well, motion one I think they're saying. Okay. So, that's why I made the alternate. So, the alternate motion is repeat that this time. Claire County conducting commission approved the modifications that were made to the rear and to the side of the building and adds to the front of the building. U eliminate the canopy all together out front instead of requiring any canopy. Okay. Motion. Is there a second? Second. All right. Any any questions? Okay. All in favor say I. No. The eyes have it.

Thank you. So RJ Fines, are you from originally from this area? No sir. I was born in Baltimore City, grew up in Harford County. Moved out here. Nor Eastern back in 1990 before we moved out here. We opened our building. You were behind minor comfort yesterday. Absolutely. We rent it from Jack from 92. So I opened that location back in 92 from Harvard County. Been a great time being with us. I'm glad you feel that way. You want to stay around, you can otherwise. I appreciate it. Thank you very much everybody. Have a good evening. Thank you. Good to see you tonight. Uh updates from Andrew Gray on um water and sewer. Um board of county commissioners approved all fall amendments on February 13th. Um uh spring 2025 amendment includes Hamstead, Tony Town, Union Bridge, and Windsor. Um housing study um is has been updated by it. Um, we're currently working with uh Carol County Planning Commission on forming a work group for the master plan to review the study and discuss feasible ways to implement the recommended strategies from the housing study. Um, the work group will begin in May. Um, municipalities interested in participating on that work group should contact Tiffany as soon as possible. Um,

so we were supposed to have a work we were supposed to have a work session Tuesday. We were supposed at the last minute. Yeah, we'll talk I want to talk about that a little bit when we get Yeah. Okay. Um, as for master plan updates, um, planning commission has been discussing different aspects of the master plan, including background information and, uh, the work program at each of their meetings. Um, yeah, work groups are being established and we'll be we'll begin meeting for housing, economy, and agriculture. Those are the three um different topics that we're having work groups for, different categories for work groups. Um they'll be reviewing reports, making recommendations to the planning commission. Um annexations, annexation related questions and information should now be forwarded to Javier Toro um in the Bureau of Comprehensive Planning. Annual report. Uh Tiffany Faucet is uh covering the annual report. Um as you know, we've been compiling information for the 2024 annual report um by July 1st. Um, thank you for submitting uh your development information for that report. Um, we're going to forward a draft of the report for review before May 1st. And those are all any any question. So, we yeah, we um we were supposed to meet with the Carol County Planning Commission

um kind of fell through the cracks to be quite honest. We we weren't really prepared. I think everybody somewhat forgotten about it, unfortunately. and and the fact that we I think the hiccup was we canled that meeting the month prior where we wanted to discuss this topic, but we had no agenda items where I think we would have laid out some of what we wanted to do. Um and then also potentially propose a meeting with the people that were intending to attend the meeting. I think um I think it was be Tom, Dan, and I'm not sure if Jay was going to attend. And maybe it's best that the three of you and staff sit down and go over the comments I provided and kind of outline um who wants to speak about certain elements and if you want to add anything else and and the rest of the planning commission can as well. I sent out kind of some of my thoughts on the three topics or questions that the countyy's asking. Um we can send you Mount AR recently presented. Um we can send that link well we can send that link to you and you can see so they do kind of take turns and discuss certain elements of the questions and I think all of you are knowledgeable enough that it I wouldn't anticipate staff just giving the presentation I think planning commission can certainly provide that input to those questions. So I I would say let's look over the the email I sent out in the three primary questions. If you have anything else you want to add, please, you know, send us that and we'll consolidate it and I think set up a meeting with with uh Jay, Tom, and Dan and go over those and how we want to present. And we put together a little PowerPoint and I'll send that out also that kind of outlines what those elements as well. and maybe talk about how we want to proceed when we meet

with Carol Cowan. Okay. But it seemed it was a very good when you see the Mount Area one, it was very good discussion back and forth and I think once you see that you get a better idea of I think what they're looking for, what the intent is. All right. So, any comments from commission members? This is short. I'm saying I like these short readings. All right. All right. So, how about a motion to agend? We're done.