Loading...
HomeMy WebLinkAboutPZ-641First Readin Second Readi ORDINANCE 1988-~~ AN ORDINANCE TO AMEND CHAPTER 105, ENTITLED ZONING, OF THE CODE OF THE TOWN OF OCEAN CITX, MARYLAND NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR AN CITY COUNCIL OF OCEAN CITY THAT CHAPTER 105, ENTITLED ZONING 0 THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND, BE, AND THE SAME I HEREBY AMENDED BY ADDING A NEW DEFINITION TO SECTION 105-5 AND B REPEALING AND REENACTING WITH AMENDMENT SUBSECTION 105-135 A(7) AS FOLLOWS: ~ 105-5. Definitions. FLOOR AREA, GROSS - The sum of the gross horizonta areas of the several floors of a building measured from th exterior face of exterior walls, or from the center line of wall separating two buildings. § 105-135. Review required for certain uses. A. LAW OFFICES .AYRES, JENKINS, ~RDY 8 ALMAND, P.A. O 8 COASTAL HIGHWAY OCEAN GTY, MD. 278!2 (7) Business buildings, commercial buildings o industrial buildings if such buildings are to contain more tha five thousand (5,000) square feet of floor area, gross. INTRODUCED at the regular meeting of the City Council o Ocean City, Maryland held on April 4, 1988. ADOPTED AND PASSED by the required vote of the ~electe membership of the City Council at its regular meeting held o April 18, 1988. ATTEST: CAROL DAVIS, Clerk-Treasurer ROLAND E. POWELL, Mayor ANTHONY W. BARRETT City Manager Approved as to form: GUY R. AYRES III, City Solicitor RANVILLE TRIMPER, President JOHN TRUMPOWER, Secretary ~~ _ w ~~ fl~Y-/3 a MEMORANDUM TO A. W. Barrett, City Manager FRONT Jesse C. Houston, Director-Planning and Develognent SU&7ECT: Amendments to Zoning Code DATE January 12, 1988 On January 5, 1988, the Planning and Zoning Commission proposed the following changes to amend Sections 105-135A(7) and 105-5 as follows: To Amend Section 105-5, Definitions, by adding a new definition: FLOOR AREA, GROSS - The sum of the gross horizontal areas of the several floors of a building measured frown the exterior face of exterior walls, or frown the center line of a wall separating two buildings. Amend Section 105-135A(7) as follows: Business buildings, commercial buildings or industrial buildings if such buildings are to contain more than one thousand nine hundred fifty (1950) square feet of Floor Area, Gross, as defined in Article III. (This reduces the size of commmercial projects subject to Planning and Zoning Commission review frcm 5,000 square feet to 1,950 square feet measured by gross floor area, instead of "public area".) We believe that these are "text changes" not requiring a public hearing by the CaimiSSlon since they are concerned with procedures and administration rather than regulations.. As you may rem~nber, this issue was addressed in 1984. The. Planning and Zoning Ccmmission recnded that the Mayor and City Council amend the zoning code to reduce the trigger for Planning and Zoning review of residential and commercial projects. The Cca~mission's recommendation was that residential projects containing more than 4 units and commercial projects of greater than 1,000 square feet be subject to their review. (°See Attachment 1 dated May 28, 1984.) The Mayor and City Council amended this recoam~endation by changing the commercial reduction from 1,000 square feet to 2,500 square feet. Ordinance 1984-40 (Attachment 2) which reflected this change was passed on first reading on October 15, 1984 and second reading was tabled on November 5, 1984. After secrond reading was tabled, the Commission revised the recarmendation and suggested no change to residential projects but that all crcial projects, regardless of size, be subject to Commission review. ~y `~ I forwarded this rec~ndation, along with mY opinion of these changes, td.,.. ~~.~,- the Mayor and City Council in a Mennorandum dated November 8, 1984 _ :. 198 (Attachment 3). On November 19, 1984, Ordinance 1984-40 died for lack of a motion, thus no changes were enacted. Memorandum -2- 01/12/88 In a Memorandum dated February 20, 1985 (Attachment 4), I forwarded another request to the Mayor and City Council on behalf of the Planning and Zoning Commission that the review trigger for cc~c~ercial projects be reduced frcm 5,000 to 1,000 square feet. The file does not include any response to the request fran the Mayor and City Council, so I assume that again there was no interest in changing that portion of the Code. More recently, the Planning and Zoning Commission discussed this issue on December 1, 1987, and agreed to reco~miend that the current 5,000 square foot trigger be changed to refer to a new definition of "gross floor area" which includes only public areas. This change would effectively subject more commercial projects to Ccarmission review. (See Attach-nt 5) . The Cca~mission also wanted to consider reducing the 5,000 square foot figure and asked staff to compile a list of commercial projects approved administratively over the past few years. (See Attachment 6). After reviewing that list, the Commission agreed to redid the reduction of the trigger to 1,950 square feet. STAFF' CQNMETITS Staff feels that the change to "gross floor area" miore accurately reflects the. size of a building and may be an appropriate change. For example, the new Thompson's Sea Girt Restaurant, although 6,000 square feet in "gross floor area", was not reviewed by the Cce~mission because its "floor area" as defined in our Code was reduced to less than 5,000 square feet by eliminating areas not accessible to the public. As I mentioned earlier, changing the definition effectively reduces the size of projects that would be subject to the Commission's review. However, we are still of the opinion that Cca~tnission review of projects smaller than 5,000 square feet is unnecessary. Site plan approval is simply a matter of being sure that the proposed project meets the requirements of the zoning code and other development regulations. Staff is quite able to perform this function, leaving the Commussion free to consider other more important issues. Please let me know if and when the Mayor and City Council will want to consider this reccanYtiendation at a Work Session. n cc: Planning and Zoning Cca~anission Nicholas Exarhakis, Esquire R. Blaine Smith, Zoning Ad[ninistrator PZ 641 JCH File Correspondence File '88 Arr.ACti.~ENT ~~ i I N T E R D E P A R T M E N T A L Tt E M 0 TO A. W. Barrett, City Manager FROri Jesse C. Houston, City Planner SUBJECT: Scheduling Zoning Code Amendment with Mayor and Council - PZ 641. DATE 28 May 1984 The following was adopted by the Planaiag and Zoning Commissioa as their recommendation as amendment to the Code. Please schedule this amendment for First Reading by Mayor and City Council at your convenience. To amend Section 105-135 (1) and 105-135 (7) of Article XXVI Site Plans and Plats, of Part 4 Administrative Provisions, of Chapter 105 Zoning of the Code of the Town of Ocean City, to read as follows: (1) Multiple-family dwellings containing more than four (4) dwelling units or-forming a part of a multiple-family development of two (2) or more buildings. (7) Business buildings, commercial buildings or industrial buildings if such buildings are to contain more than one thousand (1,000) square feet of floor area. n cc: Guy Ayres, City Solicitor Plannic-g and Zoning Commission James W. Almand, Esquire PZ 641 .. _ :::. ... .. ~~ .. _ .. ~. ..... _ .,~.. ___.____._.1 i6 ~~ ~ ATTACHMENT ~~2 1 st Reading /~ /S ~y 2nd Reading ORDINANCE 1984-y0 AN ORDINANCE TO AMEND SECTION 105-135A(1) and (7), ENTITLED, REVIEW REQUIRED FOR CERTAIN USES, OF CHAPTER 105 OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR AND CITY COUNCIL OF OCEAN CITY, MARYLAND, THAT SECTION 105-135A{1) and (7) OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND, BE AMENDED AS FOLLOWS: §105-135. Review required for certain uses. (1) Multiple-family dwellings containing more than four (4) dwelling units or forming a part of a multiple-family development of two (2) or more buildings. (7) Business buildings, commercial building or indus- trial buildings if such buildings are to contain more .than two thousand five hundred (2,500) square feet of floor area. INTRODUCED at the meeting of the City Council of Ocean City, Maryland held on October 15, 1984. ADOPTED AND PASSED by the required vote of the elected membership of. the City. Council and approved by the Mayor at its meeting held on November 5, 1984. ATTEST: SHELDON DIETERT, Clerk-Treasurer ANTHONY W. BARRETT City Manager Approved as to form: HARRY W. KELLEY, Mayor GRANVILLE TRIMPER, President EDWARD J. ELLIS, Secretary GUY R. AYRES III, City Solicitor LAW OFFICES AYRES, JENKINS, RDY 8 ALMAND, P.A. 6 COASTAL HIGHWAY SEAN CITY, MD. 21812 T '.n• i ~ rte- ! •,. cy~~. ~ ~ 'rf ~ ~ ~.~ . '. I.. .a } r- ~ i' H 1: ~>Ir y M.~ f i ~ to ~~ fi ~. , ~ t~ ~ ~a i.~, ra/ff r f•.a.Y>~ ry~r ,f y sY ~y... ry a , . ., r ,,. ... . • y, ~. .<a .rN'r .' .;L i' .. f r .. ~~ ^•7.L 1~s :wf yl ~ '" p.j ~ fi ~}f~Y~~~~x~.3fiM~+1 ' .r.~ .-..: • =' . ~ I ATTACHMENT 11'3 r.('li l~l~iOY c IIEI (.l t :r (~Ol1T"i(: ~. ~. A .. t t.: r F I<Of~i ~It.~,:~e'~ I~cus:.-on, Lri_recto~- o'~ P~ 4cnninc~ atlc7 Corclru.tr: _ty . I 1)E'VE' ~ Oi-): lE'Llt ~! SU1_,•Tr;Cr[': Ord i. r. r:r~cc~ .198 ~--~(~ Reg~;_c~?ire; rite Plan:, tc, he rr;vie~~F_~l by 1'1<?i~ninc~ ct_ic3 Zoning Coa,Iri_ssion hr~`1'1:; 8 i\ovc~T:Ihc•r 84 TII,:~ :t1:~c;vE: referenced ~~.I:?E~ndrnc~nt to Section 105-1.35 (1} ~3nd ("/) Was trt;.~lc~;: on secon.i ~ea~?i.nq at your.- 11/5/P~1 mectillg. T+Ef'. ~?:: ~ +:ir:. _r artCi ZOnlnc~ Calnm.;_ssion VdantS you t0 COnS]_GE'.r thE' fUl).OW- 1nQ c?li~ 'It~:~:3C rE'G~ ''sit'.C`nC~,ai..ion: ----105-135(1) regarding multiple f_ami.ly projects--no change fJ~~m existing code. requirements-that Planning and Zoning rE~view projects containing more than 10 unit. ----105-135(7} regardingx business, cor.~mercial and industrial build?.ng:-~--chancre ccdn. to require all busi.ne~~s, r.c?mmercial and ir,c7,ust.r_i.al building to he reviewed by Planning and ZC~I'riI'J4. ~^:i~~~h zeGa.r.d t.o 105-135 (7) , the oric;final Planning and 'Loni.ng recommen- d.atior ~,~r~ts fol~ them to review builc~:i_r.gs with 1,000 squa~:-c~ feet of more. T':te riayor and City Council :'mended that recommendation to 2., 500 square feet: or more. In my opinion, requiring all comr~,.er_cial, business and i nc?ustrl ~~l bu ild_ngs to be reviewed i.<<~ tyre Planning and Zoning Col,rrnissior. is unz-ea~on::~ble and unnecessary. Ono r-ea~~on is that these uses, i_f srn~~1~~:.r. than 1,000 {or 2.,~~00) square feet are not substantial enough o ~: h~~v=, en~rrgh of an impact on the: surrounding area to merit such a review. r~~y second reason. is that this would seelr. to require all adc~itS_o.ns, hov:ever_ minor, to be approved b_y the Comr.tission. As I have said befa:ce;, tyre Planning and Zoning Cornrniss.on h~j.s rz.orc important things t.o cio . Please consider this revise-~d rer_ornrler~c~.. f.ion from the Planning and Zon.i.ng Com:ni ss~i.on and. my comment; in your deliberations prior tq second. reading of Ordinance 1984-4~. n . cc: 11. C11. 13al-rett, City N,ar.~~gex Guy Byres, ITI, City Solicit.o:r' Planning ar.d. Zoning Commission .?arne:; Almancl, Planning and lon_i_Ilcj f:ttorney Correspc~ldencc_ File ATTACHMENT l~4 IN~1'ERDEPARTMEI~TAL MEMO TO Mayor and City Council A. ~^7. Barrett, City Manager Guy Ayres, III, City Solicitor FROM Jesse Houston, Director of Planning and Conenunty ~n"l=_i Development SU,`~JL~C.'I': Reconsideration cf Zoning Code Amendment Regarding Site Plan Approval for Commercial Projects DATE 20 February 85 Some time ago the Planning and Zoning Comru.ssion recommended that the Conbnission's site plan review authority for connHnercial projects be reduced fr~n 5,000 square feet and larger to 1,000 square feet and larger (File PZ 641) . The I~,ayor and Council amended the recomrlendation to 2.,500 square feet and passed it on first reading. However, the amendment was not passed on second reading. The Planning and Zoning CcQtBnission requests that the Mayor and City Council reconsider this Code amendment and reduce the commercial review cut-off to 1,000 square feet. The Carr,~ission feels that this change is necessary because many of the undeveloped parcels remaining in town are small and will only support smaller commercial uses, and because even small connberci.al uses may have a significant impact on the surrounding area. Please advise if you are willing to reconsider this proposal. Members of the Commission and I are available to discuss this request with you at any time. n cc: Correspondence File Planning and Zcning Cammission James W. Alraand, Esquire Maggie Fussell, Acting Zoning Administrator PZ 641 ATTACHMENT ~l5 24B1~IORAND UM T0: Jesse Houston, Director/Planning & Development FROM: R. Blaine Smith, Zoning Administrator ~~ DATE: December 10, 1987 SUBJECT: Amendments to Zoning Code -- At the meeting held on Tuesday, December 1, 1987, the Planning and Zoning Commission discussed proposed amendments to Section 105-135A(7) and Section 105-5 of the Zoning Code. The Commission agreed to the following proposals: Amend Section 105-5, Definitions, by adding GROSS FLOOR AREA - The sum of the gross horizontal areas of the several floors of a building measured from the exterior .face of exterior walls, or from the center line of a wall separating two buildings. Amend Section 105-135A(7) as follows Business buildings, commercial buildings or industrial build- ings i# such buildings are to contain more than five thousand (5,000) square feet of gross floor area as defined in Article III. It is the understanding of the Commission that the above proposals may be considered as text amendments and are not subject to a public hearing. In addition, the Commission expressed a desire to further amend Section 105-135A(7) by reducing the 5,000 square feet requirement and inquired as to whether or not this proposal would require a public hearing. /m cc: All Planning & Zoning Commission Members Nick Exarhakis, Esq. PZ 641 ' ~ ATTACHMENT X16 BUSINESS/COMMERCIAL PROJECTS APPROVED ADMINISTRATIVELY GROSS Permit ~~ PROJECT S QUARE FOOTAGE 1987 4946 Warehouses (19 storage units) 1st & St. Louis 3000+ 4936 Seacrets Bar 49th .Street 1000 4927 Dumser's Dairyland, 49th Street 4000+ 4930 DPL Office Remodeling/Renovation 8000 4932 Thompson Sea Girt House 6000± 4867 Bank Building, 46th Street ~-1000 4869 Bank Building, 145th Street <1000 4877 Auto Teller, 2nd St. & Boardwalk <1000 4842 5-Unit Mall, 81st Street 4500+ 1986 4824 3 Retail Stores (Liljenquiet) Boardwalk, N. 2nd 2500+ 4756 Sales Office/Model Sunaet Terrace, 120th St. 2000+ 4709 Retail Store (Jewel Box), Boardwalk, N. 2nd St. 1200+ 1985 4666 Woods Texaco Station (Rebuild), 12th St. 1500+ 4601 K & W Management Office, 76th St. 4000+ 4613 Cropper & Brittingham Retail Store (Not Built) 2500+ 131st Street 4590 Office (Heritage) 62nd St. & Route 90 3000+ 4565 Equitable Bank, 121st St. < 1000 4546 Kentucky Fried Chicken Restaurant, 136th St. 3000+ * Less than 5000 sq. ft. public floor area. i~ M.~ t ~. MEMORANDUM Tp : A. W. Barrett,. City Manager FR~I Jesse C. Houston, Director-Planning and Developmexit SUBJECr• Amendments to Zoning Code DATE January 12, 1988 On January 5, 1988, the Planning and Zoning Commission proposed the following changes to .amend Sections 105-135A(7) and 105-5 as follows: To Amend Section 105-5, Definitions, by adding a new definition: FLOOR AREA, GROSS - The sum of the gross horizontal areas of the several floors of a building measured frown the exterior face of exterior walls, or from the. center line of a wall separating two buildings. Amend Section 105-135A(7) as follows: Business buildings, co~rmercial buildings or industrial buildings if such buildings are to contain more than one thousand nine hundred fifty {1950) square feet of Floor Area, Gross, as defined in Article III. (This reduces the size of cccmtiercial projects subject to Planning and Zoning Commission review frcen 5,000 square feet to 1,950 square feet measured by gross floor area, instead of "public area".) We believe that these are "text changes" not requiring a public hearing by the Cccnnission since they .axe concerned with procedures and administration rather than regulations. HISZ"ORY As you may remember, this issue was addressed in 1984. The Planning. and Zoning Ccnmi.ssion recommended that the Mayor and City Council amend. the zoning code to reduce the trigger for Planning and.Zoning review of residential and commercial projects. The CcRmission's recccmnendation was that residential projects containing more than 4 units and carmercial projects of greater than 1,000 square feet be subject to their review. (•See Attachment 1 dated May 28, 1984.) The Mayor and City Council amended this reccemtendation by changing the cam~ercial reduction from 1,000 square feet to 2,500 square feet. Ordinance 1984-40 (Attachment 2) which reflected this change was passed on first reading on October 15, 1984 and second reading was tabled on November 5, 1984. After second reading was tabled, the Carmission revised the recarn~endation and suggested no change to resi.denti.al projects but that all commercial projects, regardless of size, be subject to Commission review.. I forwarded this recomrendati.on, along with my opinion of these changes, to the Mayor and City Council in a Memorandum dated November 8, 1984 (Attachment 3). On November 19, 1984, Ordinance 1984-40 died for lack of a motion, thus no changes were enacted. ~~: Memorandum -2- 01/12/88 In a Memorandum dated February 20, 1985 (Attachment 4), I forwarded another request to the Mayor and City Council on behalf of the Planning and Zoning Commission that the review trigger for commercial projects be reduced from 5,000 to 1,000 square feet. The file does not include any response to the request from the Mayor and City Council, so I assume that again there was no interest in changing that portion of the Code. Mare recently, the Planning and Zoning Commission discussed this issue on December 1, 1987, and agreed to reocnmend that the current 5,000 square foot trigger be changed to refer to a new definition of "gross floor area" which includes only public areas. This change would effectively subject more coamiercial projects to Commission review. (See Attachment 5). The Ccxrmissi.on also figure and asked staff t administratively over th reviewing that list, the .the trigger to 1,950 squat STAFF CQMKENTS wanted to consider reducing the 5,000 square foot o compile a list of commercial projects approved e past few years. (See Attachment 6). After Commission agreed to recatmend the reduction of e feet. .Staff feels that the change to "gross floor area" more accurately reflects the size of a building and may be an appropriate change. For example, the new Thcanpson's Sea Girt Restaurant, although 6,000 square feet in ''gross floor area", was not reviewed by the Commission because its "floor area" as defined in our Code was reduced to less than 5,000 square feet by eliminating areas not accessible to the public.. As I mentioned earlier, changing the definition effectively reduces the size of projects that would be subject to the Commission's review. However, we are still of the opinion that Comnissi.on review of projects smaller than 5,000 square feet is unnecessary. Site plan approval is simply a matter of being sure that the proposed project meets the requirements of the zoning code and other development regulations. Staff is quite able to perform this function, leaving the Ccanmission free to consider other more important issues. Please let me know if and when the Mayor and City Council will want to consider this recommendation at a Work Session. n cc: Planning and Zoning Ccnmi.ssion Nicholas Exarhakis, Esquire R. Blaine Smith, Zoning Administrator PZ 6'41 JCH File Correspondence File '88 -... AT'I'AGt{A1EiT l~ 1 I N T E R D E P A R T M F. N T A L M E M O TO A. W. Barrett, City Manager FROM Jesse G. Houston, City Planner SUBJECT: Scheduling Zoning Code Amendment with Mayor and Council - PZ 641. DATE 28 May 1984 The following was adopted by the Planning and Zoning Commtissiou as their recommendation as amendment to the Code. i • Please schedule this amendment for First Reading by Mayor and City Council at your convenience. To amend Section 105-135 (1) and 105-135 (7) of Article XXVI Site Plans ar~d Plats, of Part 4 Administrative Provisions, of Chapter 105 Zoning of the Code of .the Town of Ocean City, to read as follows: (1) Multiple-family dwellings containing more than four (4) dwelling ucits or..forming a part of a multiple-family development of two (2) or more buildings. (7) Business buildings, commercial buildings or industrial buildings if such buildings are to contain more than one thousand (1,000) square feet of floor area. n cc: Guy Ayres, City Solicitor Planning and. Zoning Commission James W. Almand, Esquire PZ 641 Z'. ATTACHMENT 4i2 1 st Reading /~ /S ~y 2nd Reading ORDINANCE 1984-y0 AN ORDINANCE TO AMEND SECTION 105-135A(1) and (7), ENTITLED, REVIEW REQUIRED FOR CERTAIN USES, OF CHAPTER 105 OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR AND CITY COUNCIL OF OCEAN CITY, MARYLAND, THAT. SECTION 105-135A(1) and (7) OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND, BE AMENDED AS FOLLOWS: §105-135. Review required for certain uses. (1) Multiple-family dwellings containing more than four. (4) dwelling units or forming a part of a multiple-family development of two (2) or more buildings. ' (7} Business buildings, commercial building or indus- trial buildings if such buildings are to contain more than two thousand five hundred (2,500) square feet of floor area. INTRODUCED at the meeting of the City Council of Ocean City, Maryland held on October 15, 1984. ADOPTED AND PASSED by the required vote of the elected membership of_ the City Council and approved by the Mayor at its meeting held on November 5, 1984. ATTEST: SHELDON DIETERT, Clerk-Treasurer ANTHONY W. BARRETT City Manager Approved as to form: HARRY W. KELLEY, Mayor -- GRANVILLE TRIMPER, President EDWARD J. ELLIS, Secretary GUY R. AYRES III, City Solicitor LAW OFFICES AYRES, JENKINS, RDY d AIMAND, P.A. }0 COASTAL NIGNW AV "[AN CITY, MD. 21872 ~ ... .`~.'~ i .. ......~. t rr~..y.--.~yyr~.-~"^I~"K"'-^~7~.~ fit.` - ~ -- -~. ~ '• ~"'.V ... 'ri'.'r'•~.L ~~:'!~.~... '!.r ~.'1t'X•f~Af;r.N 3+) ~l~lY•~a.ir.Y,ti _ ATTACHMENT 413 'r~~ r,~,yor t2r!ct c:~ r••1 co22l;ci.7. ., F''}2(~!•i ~li:~ .c. boll;' can, 1)a.i°c~cta- o` Pa.::,nninck al2r! Cc..rr•rr,~:r:i:t.y':'il-'~•= 5U}~.TF;CT: O2:di.nr:nec~ 19f1~,--~(~ Reg~~:C-r?ir•c~ ;;t~.e Pl~zn:~ tc, }~c~ 1~::~vi.c•;:E~ia by 1'1~2i!n~:ncl ~~_2r3 7,oninc; Co2c;Ini_ssion 1`~\`]'E 8 1`;ovi~r.2hc •r 8 ~1 Tll,:~ %i})vVEr' ree?:enced ~?~:?L-`ndrnf?Ilt t,0 SC?Ct.t:On 105-].35 (1) r.)r2d (-/) ~~T~:l~ trji.~tc_,:; on serorca readi.nc~ ~2t you?: 11/5/Q4 rrGcting. Tit" i?i:~t°!:12•;•:f arici ZOnlnq COI!ll?lJ_SSion vlcint5 you t0 CUn`;1C'E'r tk2E. fU~.).O.•7- 1J2~ <~l r "!~?:cC': 1"E'C:! `!ir~`nC~E2{:1C)n: ----105-135 (l) regar_c3ing multiply f.~~mi.ly projer.ts--no change fr~~~m existing code requirements that P.lanr2ing and Zoning rE~•vieva prr.•jects containing more than 10 unit::.. ----105-135.(7} regarding busine ~s, cor:2mercial and industrial build~.ng~•--change c<:de. to reckuire all busi.ne:;s, commercial and ir,l.ust.r_i.al k~uilding to b,^^. rE~viocaed by Planning Ind ZC~r2iIlU. ~•:i•L-YI z°eyar.d t.o 10.5--135 (~} , the or.ic;final Planning and 'Lol2i.ng recommen- r'..atiar. vr~-ls fo.: t11e2n to review builPs:i.I2cJs with 1,000 squa?:<: foet oL moa:e. Tiu3 Mayor a_nd City Council :mended th~~t recornnlendatioll to ?., 500 s:{uar~~ f. c:c't: or rt~ore. ?r~ my opinion, requiring all com;;,~~r_ci.z.Il, business and industry-~~1 bu lc~ings to b? reviewed i:y tYle Planning and Zoning Colnrnissior. is un2:ea::onable and unnecess~-~ry. Ono rea.~~an is that these uses, if sn2~-211,~r t]Ian 1,000 {or 2.,k~~00) square feet are not substantial enough cry: h~~v~:~ F~nough of an im~~act on the su2.rounding area to mc`rit such a r.cview. I•ty second rear>c~n is that this ~ti~ould s~elr, to recrui.r.e all add.iti_o.ns, hov;ever. minor, to be approved by the Con2r.2issian. t~s J h~ivc ,aid bc:Corct, tlxe Planning. and Zoning COIO.II21SSj.On ha:~ rc.orc important thi_r.gs t:o dc~ . Please consider this revis4~d rerornrlend~~ t.i.on from the Planning) and • .. - 7,on.7.ng Com:n?_SS i.on and my comments i n your deliberations prior t~ second. reading of Orda_nance 1984-~~. n CC: 11. T'1. I~~I'i^C.tt, Ctty N,anagc-:r~ • Guy T,yre,, ITI, City Solicit.c~:r• Planl~i.ng ~cnc~3 Zonin:cJ Commission ~~atno:; ~1.lrnarci, Planning aIld loI2.i.•2y ~:ttorriey Correspc~l2del2c:c~ File IN'1'ERDEPARTMEt~TAL~ MF;r;O TO Mayor and City Council A. ~^1. Barrett, City Manager Guy Ayres, III, City Solicitor ..FROM Jesse Houston, Director of Planning and Community ~{}~ ~'~ /n Development („~ SUf?JL~C.T: Reconsideration of Zoning Code Amendment Regarding Site Plan Approval for Commercial Projects DATE 20 February 85 Some time ago the Planning and Zoiu.ng Commission recommended that the Commission's site plan review authority for coamercial projects be reduced from 5,000 square feet and larger to 1,000 square feet and larger (File PZ 641) . Thy NLayor and Council amended the recommendation to 2.,500 square feet and passed it on first reading. Haaever, the ~.mendment was not passed on second reading. The Planning and`Zoning Cc~~unission requests that the Mayor and City Council reconsider this Code amendn~nt and reduce the comrmercal revie<a cut-off to 1,000 square feet. The Ccsrcmission feels that. this change is necessary because many of the undeveloped parcels remaining in ta~an are small and will only support smaller commercial uses,. and because even small commercial uses may have a significant impact on the surrounding area. Please advise if you are willing to reconsider this proposal. Members of the Cat*.mission and I are available to discuss this request with you at any time. n r~TTACHMENT 4l4 cc: Correspondence File Planning and Zoning Commission J~sil°s W. A?.r:ianc?, Esquire Maggie Fussell, Acting Zoning A~mi.nistrator PZ 641 ,~ ATTACHMF,NT ~lS 2~IEMORAND UH T0: Jesse Houston, Director/Planning & Development FROM: R. Blaine Smith, Zoning Administrator ~~ DATE: December 10, 1987 SUBJECT: Amendments to Zoning Code At the meeting held on Tuesday, December 1, 1987, the Planning and Zoning Commission discussed proposed amendments to Section 105-135A(7) and Section 105-5 of the Zoning Code. The Commission agreed to the following proposals: Amend Section 105-5, Definitions, by adding GROSS FLOOR AREA - The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings. Amend Sect~.on 105-135A(7) as follows Business buildings, commercial buildings or industrial build- ings if such buildings are to contain more than five thousand (5.,000) square feet of gross floor area as defined in Article III. It is the understanding of the Commission that the above proposals may be considered as text amendments and are not subject to a public hearing. In addition, the Commission expressed a desire to further amend Section 105-135A(7) by reducing the 5,000 square feet requirement and inquired as to whether or not this proposal would require a public hearing. /m cc: All Planning & Zoning Commission Members Nick Exarhakis, Esq. PZ 641 :,~, • _ ATTACHPtEN'f ~f 6 ~ BUSINESS/COMMERCIAL PROJECTS APPROVED ADtiLNISTRATIVELY j GROSS. Permit ~6 PROJECT S QUARE FOOTAGE 1987 4946 Warehouses (19 storage units) 1st & St. Louis 3000+ 4936 Seacrets Bar 49th .Street 1000 4927 Dumser's Dairy,land, 49th Street 4000+ 4930 DPL Office Remodeling/Renovation 8000 4932 Thompson Sea Girt House 6000+ 4867 Bank Building, 46th Street X1000 4869 Bank Building, 145th Street <1000 4877 Auto Teller, 2nd St. & Boardwalk <1000 4842 5-Unit Mall, 81st-Street 4500+ 1986 ~ 4824 3 Retail Stores (Liljenquiet) Boardwalk, N. 2nd 2500+ 4756 Sales Office/Model Sunset Terrace, 120th St. 2000+ 4709 Retail Store (Jewel Box), Boardwalk, N. 2nd St. 1200+ 1985 4666 Woods Texaco Station (Rebuild), 12th St. 1500+ 4601 K ~ W Management Office, 76th St. 4000± 4613 Cropper & Brittingham Retail Store (Not Built) 2500+ 131st Street 4590 Office (Heritage) 62nd St. & Route 90 3000+ 4565 Equitable Bank, 121st St. 21000 4546 Kentucky Fried Chicken Restaurant, 136th St. 3000± *. Less than 5000 sq. ft. public floor area. i I ATTACHMENT ~~6 BIISINESS/COt~IIiERCIAL PROJECTS APPROVED AD?iINISTBATIVELY GROSS Permit # PROJECT S QUARE FOOTAGE 1987 4946 Warehouses (19 storage units) 1st & St. Louis 3000+ t 4936 Seacrets Bar 49th Street 1000 4927 Dumser's Dairyland, 49th Street 4000+ t 4930 DPL Office Remodeling/Renovation 8000 .4932 Thompson Sea Girt House 6000+ 4867 Bank Building, 46th Street X1000 4869 Bank Building, 145th Street 01000 1 4877 Auto Teller, 2nd St. & Boardwalk <1000 ~ 4842 5-Unit Mall, 81st Street 4500+ I 1986 4824 3 Retail Stores (Liljenquist) Boardwalk, N. 2nd 2500+ i 4756 Sales Office/Model Sunset Terrace, 120th St. 2000+ 4709 Retail Store (Jewel Box), Boardwalk, N. 2nd St. 1200+ 1985 4666 Woods Texaco Station (Rebuild), 12th St. 1500+ 4601 K & W Management Office, 76th St. 4000+ 4613 Cropper & Brittingham Retail Store (Not Built) 2500+ 131st Street 4590 Office (Heritage) 62nd St. & Route 90 3000+ 4565 Equitable'Bank, 121st St. <1000 4546 Kentucky Fried Chicken Restaurant, 136th St. 3000+ *: Less than 5000 sq. ft. public floor area. ATTACHMENT ~~5 M B M O R A N D II M T0: Jesse Houston, Director/Planning & Development FROM: R. Blaine: Smith, Zoning Administrator ~j~ DATE: December 10, 1987 SUBJECT: Amendments to Zoning Code At the meeting held on Tuesday, December 1, 1987, the Planning and ..Zoning Commission discussed proposed. amendments to Section 105-135A(7) and Section 105-5 of the Zoning Code. The Commission agreed. to the following proposals: Amend Section 10_5-5, Definitions., by adding GROSS FLOOR AREA - The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of 'exterior walls, or from the center line of a wall separating two 'buildings. ' Amend Section 105-135A(7) as follows Business buildings, commercial buildings or industrial. build- ~ ings if such buildings; are to contain more than five thousand (5,000) square feet of gross floor area as defined in Article III. It is the understanding of the Commission that the. above proposals may be consideredas text amendments and are not subject to a public hearing. In addition, the Commission expressed a desire to further amend Section 105-135A(7) by reducing. the 5,000 square, feet requirement and inquired as to whether or not this proposal would require a public hearing. /m cc: A11 Planning & Zoning.Commisson Members Nick Exarhakis, Esq. PZ 64T ATTACHMENT ~~4 I N T E R D E P-A R T M E N T A L M E M O TO Mayor and City Council A. t^7. Barrett, City Mas~.ger Guy Ayres, TII, City Solicitor FROM Jesse Houston, Director of Planning and Co~nunity a. .Development SL1'~JECT;; Reconsideration of Zoning Code Amendment Regarding Site Plan Approval for Commercial Projects DATE : 2,0 February 85 Same time ago the Planning and Zoning Ccx~nission recommended that the Corranission`s site plan review authority for co~zsnercial projects. be reduced from 5,000 square feet and larger to 1,000 square feet and larger (File PZ 641) . The Mayor and-Council amended the recommendation to 2.,.500 square feet and. passed it on'frst reading. However, the amendment was not passed on .second .reading. ,_ _ . The Planning and $oni.ng Ccni.ssion requests. that the Mayor and City Council reconsider this Code amendment ar~d reduce the commercial review cut-~c~ff to 1,000 square feet. The Conetission feels that this change is necessary because many. of, the undeveloped parcels r~ainng in town .are small and will only..suFpoxt smaller commercial uses, and because even small commercial uses may have a significant impact on t_hesurroundng area. Please advise if .you are willing. to reconsider this proposal. .Members of the Cc~mission and I are available to discuss this request with-you at any titer, n cc: Cox-respondence File ., Planning and Zcnzr~g Ctittmissor_ Jati~s W. A7.r~anc?, Esquire N~ggie Fus~.~Ll] , ~'~cting Zoning Admznstrator PZ 641 ATTACHMENT ~F3 `1'O A~ayar arld City Council ~~ t~_.- FF<OP~I J€>sse ~~aust:on, Uirectar of Planning azld Community '~_.~ I~evela~inent SU}~JECT: ()rdinr;r,ee 198~'t-•~0 Reg~rdzr.c Site Plans to be r_c~viewed by Pl<ai~nJ_ng a.nd. Zaning Car~~-nission I~A`I'E; 8 1~avembc~r 84 ~:~*~~~~~x~ T1~:~^ above re fer. enced az~.en:dment to Section I05-- 13 5 (I } and (7 } was tr~:;r~Ic:.` an second re~di.ng at your I1/5/8~ meeting. TI~^ P~: *w~:ir°kf~ anc~ Zoning Commission. wants you to consider the foll.4w- ing .~~ied z•ecf .rendat.ion: -----105-135 (I) regarding multiple fami_.ly projects--no change frUm existing code requirements that Planning and Zoning r~>~riew projects containing more .than IO units. - --I05-135 C7} regardinc; business, commercial and industrial build-±..ng---change cGC1e. to require all business, rammercial anal.. ine~ust.r_i.al building to be reviewed by Planning and honing. With regard to I05~1.35 (?} , the original .Planning and 'Lorii.ng recammerz- elation was for them to review buildings with 1,000 square feet ar more. The Mayor arzd City Council emended that recoznzrlendation to 2, 500 square f~~~yt or more. ?n my opinion, requiring a1.1 cc~mrterci al, business a_nd industrs al buildings to be reviewed },,y tl~ze Planning .and Zoning Cor~snissior. is unreasonable and unnecessary. One reason is that these uses,. a_f smaller than I,000 (ar 2.,500) square feet are not substantial enough' ox: have enough of an impact on the surrounding area to merit such a review. try second reasr~r, is that this would seem to require all adc?ita.ns, however ~~~inor, to be approved by .the Commission. As I have sand befarE~, the Plannirrq and Zoning Commissa_an has more important things to da. Please consider this revised rer_ornmend~,tionfrom the Planning and Zon:i_ng Commi Ss:~~an a.nd. my comments in your deliberations prior to second reading. of Ordinance 1984-~0. n cc: A. [~1. Parrett, City Nianager_ C,uy f~yre~,. I:~I, City Solicitax~~ Plarr.ing end Zoning Caztzmission ,3ame~ A3.znanc~i, Planning and `Lonirzg Attorney Carrespc}r7dence F'i1e /~ ~/" ~~ - ORDINANCE 1984- 40 8• ~~_.________.__.. . ATTACHMENT ~F~2 1 st Reading /~ /S ~y 2nd. Reading AN ORDINANCE TO AMEND SECTION 105-135A(1) and (7), ENTITLED, REVIEW REQUIRED FOR CERTAIN USES, OF CHAPTER 105 OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR AND CITY COUNCIL OF OCEAN CITY, MARYLAND, THAT SECTION .10.5-135A(1) and. (7) OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND, BE AMENDED AS FOLLOWS: §105-135. Review required for certain .uses. (1) Multiple-family dwellings containing more than four (4) dwelling units or forming a part of a multiple-family development of two (2) or more buildings. ' (7) Business buildings, commercial building or indus- trial buildings if such buildings are to contain more than.- two thousand five hundred (2,500) square feet of floor area. INTRODUCED at the meeting of the City Council of Ocean City, Maryland held on October 15, 1984. ADOPTED AND PASSED by the required vote of the elected membership of the City Council and approved by the Mayor at its meeting held on November 5, 1984. ATTEST: SHELDON DIETERT, Cler]:-Treasurer ANTHONY W..BARRETT City Manager Approved as to form: HARRY W. KELLEY, Mayor GRANVILLE TRIMPER, President EDWARD J. ELLIS, Secretary GUY R. AYRES III, City Solicitor LAW OFFICES AYRES, JENKINS, RDY b ALMAND, P.A. }B COASTAL HIGHWAY LEAN CITY, AID. 27842 »•f . r.r• ~1 w ~ fix. '~~ :'~ : _ ~,• _ . _ _ "e •: -~. ~•r.rs~r.»- . i ~ , + i,. ld ~,, '. ~ ''.. h ;. ,rs 7r ' ..' J r ;~r ~ ' ; i M.! F ; ~ i.r zJ-t.r. i J•L "~~era!•yI-j Jtj'~~/.tom' yr~r•y ~t {~,t .tom •')' 1 -.{ ~ ~` l ~~. r ~ ~ .:~ ? Y ~~~yrY ~'~'~ ~ i his:. k/~ ~~ r C t,=r it ~ ~ 1+T,: r r y f/~..y,, F"~1r t.rr ~ it ?~ r Rr . 'ts•til ,t ~. , 7. ~ ~ r ... '+ . .~, ATTACHMENT ~~' 1 INTERDEPARTMENTAL M E M 0 TO A. W. Barrett, City Manager FROM .Jesse C. Iioustor~, Gity Planner SiTBJECT: Scheduling Zoning Code Amendment with Mayor and Council - PZ 641. DATE 28'May 1984 The following was .adopted by the. Planning and Zoning Commission as their recommendat-ion as amendment to the Code. Please schedule this amendment for First Reading by D~ayor and City Council at your convenience.. l'o amend .Section -105-135 (1) ar~d 105-135 (7) of .Article. XXVI Site .Plans and Plats, of Part 4 Administrative Provisions, of Chapter 105 Zoining of the Code of_the Town of Ocean City, to read as fol ows: (1) Multiple-family dwellings containing. more than four (4) dwelling units or forming a part of a multiple-family development of two (2) or more buildings, (7) Business buildings, commercial buildings or industrial buildings if such buildings are to .contain more than one thousand (1,000) square feet of floor area. n cc: Guy Ayres, City Solicitor Planning and Zoning Commission James W. Almond, Esquire PZ 641 1~P E Iii O R A N D II Pi T0: Jesse Houston, Director/Planning & Development FROM: R. Blaine Smith, Zoning Administrator DATE: December 10, 1987 SUBJECT: Amendments to Zoning Code ~~~~D ~~ *~~G S D-rr° ~ ' At the meeting held on Tuesday, December 1, 1987, the Planning and Zoning Commission discussed proposed amendments to Section 105-135A(7) and Section 105-5 of the Zoning Code. The Commission agreed to the following proposals: Amend Section 105-5, Definitions, by adding .GROSS FLOOR AREA - The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings. Amend Section 105-135A(7) as follows Business buildings, commercial buildings or industrial build- ings if such buildings are to contain more than five thousand (5,000) square feet of gross floor area as defined in Article III. It is the understanding of the Commission that the above proposals may be considered as text amendments and are not subject to a public hearing. In addition, the Commission expressed a desire to furtther amend Section 105-135A(7) by reducing the 5,000 square feet requirement and inquired as to whether or not this proposal would require a public hearing. /m cc: All Planning & Zoning Commission Members Nick Exarhakis, Esq. .HARRY W..KELLEY Mayor CtHINf.IL MEMBERS tSRAi~VILLF. D. TRIMPF;R Praeidrnt - EDWARD J. ELLlS Srrrtilary THF.LMA f.. CptiNER BERNARD F: DEU75('H LEE DUGCAN GEORCEHI~RLEY LEIGNT(UV M(N)RF. ANTHDIYY W. BARR6TT City MnoaRer SHELDON E. DIETERT Clerk - Treasuttr TCI~/VN OF QCEAN QTY MAYOR & CITY. COUNCIL OCEAN CITY, MARYLAND 21842 REFLY TO: Department of Planning and Community Development P.O. Box 158 Ocean City, Maryland 2I842 :.May 28, 7-984 Mayor and City Council. City Hall 'Ocean Gity, Maryland 21842 Dear Mayor and City Council Members: Re: Zoning Code Amendment -Section 1Q5-I35 (1) and ~7} of Article.XXVI Site Plans and Plats of Part 4, .Administrative Provisions. PZ $47 Enclosed for your perusal is a copy of the minutes. of the public hearing conducted by the Planning and Zoning Commission on May 15,1984 and copy of the letter of recommendation concerning the above referenced application. This application will be scheduled by the City Manager's office fox presentation to you. at a regular session of the Mayor and City Council. Should you. have any questions in the meantime, please do not hesitate to contact me. Very truly..yaurs, a James. B. Byrnes, iII' Zoning Administrator JB$III:n Enclosures cc: James W. Almond, Esquire Guy R. Ayres, III, City. Solicitor PZ 64i THE TOWN OF OCEAN CITY. IS AN EQUAL OPPORTUNFTY EMPLOYER Q, -~ _T~~V1/i~i OF QCEAN ~iTY .~ ~~ MAYOR & CITY COUNCIL OCEAN .CITY, MARYLAND 2I 842. HARRY w. KELLEY REPLY TO: Mayor t10HNf7LMEMRERS GRANYILLED.TRt~1pF:R Department of Planning and. ~ Prrsidrnt Community Bevelopment EDWARD J. !'.L~IS ~, ~.$Oh 158 Srrretxry Ocean City, Maryland 21842 THF.Lb/A C. f.(/N\ER .. BERNARD F. DEUTfJfai LF,E DI'6(.AN (1O - May. 28, 1704 GE(~Rf,F.IHJRLEY LEIf.HTON MM)RE - ANTHONY w. BARRI:7T ~ .. - rty MeaaRrr . SHt~.Dt)N E. DIETERT - _ ~ fJerk-• Treeeunr ~ - Guy R. Ayres, III, Esquire 5200-8 Coastal Highway. Ocean City, Maryland 21842 . Dear Guy: Attached is a/are Code Amendments being recarmended,by the Planning. and. Zoning Commission. .Please prepare, in proper form,. for the l~fayorand City C©uncil for the. required readings, If you have any :questions, please contact m~e. Sincerely yours, J se C. Houston ' ector of Planning and Develop>nent JCH/n Enclosure cc: Planning and Zoning Com~iission City ylanager .James W. Almond, Esquire File PZ 644 & PZ 641 THE TOWN OF OCEAN -CITY IS AN EQUAL OPPORTUNITY EMPLOYER ~,~--i ~ .. ~ f _- -- -__ ...-_ _. _ __ _ .._.. , _ ___ ~.~_ ~.-- -- --.PLAL~INING. AND ~ON1NG_COMMISSIQN ._; : . .MAY 15, 1984 PRESENT -:Hale Harrison Brian Nygaard George Weszka Geoffrey Robbins William Purnell IN ATTENDANCE Jesse C. xoust4n, Director-Planning acid-Zoning James Almand, Esquire This meeting: of t~~e Planning axed Zoning Commission was held on Tuesday,: May 15, 1984, in the .Municipal Building ocated on Baltimore Avenue and Third Street, Ocean City, Maryland. Hale Harrison, Chairman, called the meeting to order_at"7:OQ p.m• ~' .. • (2) 'ZONING COIIE AMENDMENT - site plan. review PZ,64.1: HOUSTON: This second hearing tonight is PZ 641, Zoning Code Amendment to amend Section lO5-I35 {1} and {7} Article:XXVI Site Plansand:,Plats.~ of Part. 4 Administrative Provisions, of Chapter 105 Zonixcg of the Code of the Town of Ocean City by reducing: the size re- quremexcts far projects subject to site plan review by the Planning and Zanirxg Com- misson.-Currently the Zoning Code requires site plan review by Planning and Zoning Commission for multi-family dwelling .projects containing more than l0 dwelling. units or .forming.. part of amulti-family development a~ two or more buildings and for busi- ;ness and commercial and industrial building. projects containing more titan St1U0 square feet of floor. area.. The propose amendment changes the multi-family resideat3al re- quirment to 4 units or more and reduces the requirement far business commercial and ircdustria3 buildings to 1,000 square feet o~ floor area or more.. Applicant is the Planning and Zoning; Commss.orc. This hearing was advertised in Maryland Coast Press on Agril 27 and May 11. HARRISON: Anyone in the audience that would like to speak itx favor of thiszanrcg code amer~d- meat. proposal? Let the record show there is nq~r,:e here to speak in favor. Anyone here that would like to speak irc opposition? Chalmers will you cote up and be sworn. AZMAND: Do you declare acid affirm under penalties of perjurg that-yourr_testimorcy wil? be true and correct? ,Sta.te your name arcd address. CHALMERS: I do.- My names is James A. Chalmers, I live at Tony Tank Laridxcg in Salisbury and I am here representing. 'myself -and also .the Developers of Oceart City. Our rcairc eon- cern would be a question as to why you want to do this. Maybe someone corr. axxswer that question after I give you some facts arcd reasons why we feel that it is xrot needed. In the Last 12 months you have had 21 meetings and reviewed 123 site plans which are for 10 or over urns or townhouse, which is required. If you would have irc the-same 12 month period had this ordircarcce in effect, over 4 units havccg to come before `the commiss%on, you would have .had 44 additional plans to review. It is, root a lot being. that there was 21 meetings that you had which is only 2 - 3 units 1 for enett meeting. -The big problem it presents to us is-that. we have been trying to streamline the building permit process-and this means that we will have a minimum of ll days wait or a maximum of 30 to wai .: If we come before you and get approved we still have to: go hrough the same steps as we went.. through before.. We have. to go before Jim. Byrnes, get his signature .and his approval before we .start the building permit, process. Irc that whole 12 month period plus going back: an additional 5 months there was-only once permit issued fora 3 family apartment or condominium. Sa you are taking,a man you are paying $25,-000.00. in the ball park a year acrd telling him he can review single: family and duplexes and you are going to review everything else. Arcd yet it'still has to come back. to him for his signature and review. Plus -we have to pay the extra.$l00 to come before you as a fee to you, give you 10 sets of pares arcd spend an evening waiting. to get ore the site plan which is at the end of the -public hearings in most cases.. Maybe arc alternative and I think I was talking to Hale before orce of the reasons might be smaller building lots left to build.: on, mostly small projects coming, but if you left single family, the individual lots aloine and the maximum. units you can put' on there is 6 theYC do it over six, do it seven. But to have someone come ire here for everything that is going to be built in Ocean city, except single family and duplexes puts an added burden arc the builders and we as :arc organization would like you all to reconsidered than change. That is for them; for me: first of all I questioned, and my council has advised me that the Plarcrcing arcd Zoning Commission of Ocean City may. not have-the authority to review any site plans at a11. It has been tried it is an urrwritted ogirciare from the Appeals Court, arcd I think that if we are going to have. to start coming in here all the time me, I, we and each time I come in I'm going to have to spend $150 and time that. I need not spend while you have a man you are paying $25,000 to do this., we may just find out if you do have the right to look at them, any of them,-and your attorney - may be able to advise you. That's it. BOBBINS: First of all I guess, speaking gersorcally, the reason I would like reducing the dumber of unit ,for site plan review, happens to do with the Zoning Administrator himself. _` s . PLANNING,AND Z(?NING COMMISSION -3- MAY 1S, 1984 -(2) Zoning Code- A~te~dmecr~ -- s-to--plan e____ . _. _-_ _.,_ _ _., - - _-_. _ ,- ..: _ .. ._ -- - BOBBINS: Theme-are numerous examples where he has ;not enforced policy that has beensetforth by this-groug. He has even exempted some cases as far as I can see, certain projects from the Code_and allowed. some to build within-the..: setbacks. With all the zoning. problems we are-having Arid all the problems ,there seems to be with the enforcement of the `Zoning Code I think if we ,can elevate: that cog: in the wheel for the Zaaing Administrator, maybe he can. spend more time enforcement zoning.I'm not talking about an infrequent occurrence, I'm"talking of drivr~g,up and down the beach. and see many things, many. examples where landscaping was not even addressed on the site plan and" .where a bay window turned into a breakfast nook and, hanging it over into the setback arrd loadng'zones-were exempted. I-feel. that as-our code allows it and until it is changed, either by the Coucil or by Court order. Those are my reasons for wanting to atleast have some imput orr site plans note to create 'a stumbling block for you or any other builders. It is not for tha it is~to make 'sure that what is braught'in :and said to be built with the code and is ire fact.. built. If everybody built the way -the code is suppose to be, or built the way the code was writ en we probably would. not have this problem, but apparently there are a few that want to try to circumvent the code and unfortunately for those few that many are going to have trs comply with. That's just my personal view. CHALNfERS: As you are stating, if your problem is with the Zoning Administrator and his eri- forcement as you want policy, which is larfdscaping, which is policy, then your problem is with the Zoning Administrator. Terminate him. Ask. him fora re4io~aton. BOBBINS: We have been told many times we area hearing body to make recommendations. We have ns authority to do. anything so until someone lis ens to us~-regarding the problem,, again speaking for myself, I'm .going to be open. to this suggestion of reducing,,the number of units far-site plan review. CHALMERS: In other words that's the way it circumvents since you-can't say your-not doing the job; speaking for yourself? Then now you are going to have. us come in here . your-..going to try. to .take everything there is out of his hands? BOBBINS: No just the site .plan review. CHALMERS: I didn`t get into the buildings, S,OOO; I'm not into that. The landscape ordinance is now taken care of and out of his hands also because Tam-Heinrich goes out there and goes by your policy and tells you how much money-and number of bushesyouuneed.' PUIZNELL: You know we are having. problems...... this Board is flexible. CHALMERS: I canappreciateyour-problem... PURNELL: We have`gat to try, to stop ar solve the problem one. way or another any way we can... I do know that the Zoning Administrator has way to much power. The way the Iaw is written according to City Code,. it is to®vague and we have got to clip his tail. Matter of fact I'm fore putting a moratorium and not having him approve. anything.: CI~ALMERS: I think he goes by the book or trys to go by the .book and interprets .it the way he feels. PURNELL: We are_not to happy about the way that he feels. CHAL1~fERS: But as far as going out there after the .fact and seeing things that turn_i.nto break- fast crooks arrd_over hangs and that, that is not the Zoning. Administrators resgon- sblity, its somebody's that is suppose to go out and inspect .it which he doesn't. have.. . ... HARRISON: Let's stick•to the subject, do you have anything else? Brian. NYGAARD : I would just like to agree with everything that. Jeff said and also add T think, •Tea:ce._ than the City is preparing. to hire a site plan reviewer that will just review site plans? HOUSTON: That.'s building. 'We are hiring someone to review the building plans..- NYGAART}: I have been told recently by someone ri the office that Jim Bynres does rrat have the time to review these plans properly. CHALMERS: He gives as much time you do when you came here that evening. NYGAARD: The members of the Board are finding; out on their own different things that have been approved right around them that's why we want. to see the plans.• I Carr give you one case, specifically. A building that was approved as an industrially with rro set- baeks; approved with a fence that was going to be built 7`; it couldn't be built 7' and .it wasn't industrial it was C-1....if I hadn't gone arrd~and seen the prints CHALMERS: •I~can sympathize with your problem and I agree with what my people say; its.. the. -fee and. the time.. -First of all it is a $100 to come in here and $1OQ to see him and. if you build it is another $25 per unit. -PURNELL: 'The higher .fees were to enable the city to hire more people to get. out on the road to inspect and they are spending the money some place else. HARRISON: Anyone else in the audience like to speak in opposition to this zoning. code ~_~' =-= For the record I am going to read a letter in~fram Planning and Zoning Commissioner Frank Gunion which was presented and. asked to be read. (AT THIS TIME EXHIBIT NO. 1, ATTACHED, WAS READ) PLANNING AND 20NING COM,fISSION -4- MAY, 15, 19$4 __(21 Zoning _Code Ameerc~metct..- site-plan-review-.-__. _ :_ _ _ . ~ :.. ; _ .. _ ..: _~ ..- . _: 4 . HARRISON: That letter is read into the record. per request of'Frank Gunion. - ROBBINS: I just want to mentioned what Mr. Chalmers mentioned that it would ,have been. an additor~aL only 2 or 3 per meeting. . HARRISON: The comment I:would like to make is that most of the large ..parcel in the community are already built on for site .plan approved. .Most of the other parcels of land are already built ori. I do not. think .that Planriirzg and Zaria.ng Gammisson is unable or unprepared toreview these. I feel`we would he productive if we do so. I think.. any addressing long term problems 'as specifically meretoned'in Frank letter is more traceable at the present to a thinnest of the qualified-staff to do the work ups that are riecessaxy to .proceed with the decisions and . .. ..I do riot feel the conditions is.........to discharge both of its resgonsbi.lites and I have-no problem with this proposal. Any other comments? PURNELL: i think we should entertain a motion. • HARRISON: you want to hold thin and discuss this later? PLRNELL: No. We have thought about it. HOtJSTQN: I would dust like to make a comment,: I think in theory I pretty much agree with Frank's letter and I want to let you know hopefully tomorrow,, or withir- the week we can finalize an agreement with an additional staff member to update the Comprehensive Plan and after that the Zoning Code. This will be a employee on contract and that will be .his- main function. HARRIS4N: I would like to speak for_the Flanning and Zoning commission, we are ready to meet at any time whenever necessary. :HQUSTON: I want to let you know these are the two biggest items that we'll ever come up on. -HARRISON: I think it is not accurate to characterize the Planning anct Zoning Commission as quote "pinned. down on site plan approvals"and unable to devote. time to the other problems because the moxe accurate observation of the problem is the staff is pinned... down in their duties and can not devote enough time to da the work up that are necessary and the Planning and Zoning Commission is waiting. on the staff. We all. realize that and are doing what can be done about the prob em now. I think it will be necessary for this arnd I frankly I admit months ago I was of `the opposite opinior- l;, I. was with the opinion we should go the .other way, from-what: Z have seen .since the. ''- past I2 months we can't go that way. •~ ROBBINS:: Jesse, are you saying you are contracting someone presently employed to help consult . ri re-writing the Zoriirig Code or are you talking to someone to employ? HQUSTON: To employ. Anew person... ROBBINS: I would like to make a motiorL that we go ahead andmake a motion to recommend a change in the Code to reduce the number of .units presently site planned to 4 or more and 1,:000 .square feet. HE~tRISON: That the recammerrdation be made to the Mayor and City Council that the site plan agproval.r~ow encompass units/projects with-4 or more units multi-family ~.s opposed to the previous. l0 and buldi,gs of 1,000 square feet or more as opposed to the previous 5,000-square feet, .The motiorx is by-l?r..Robbins, seconded•by Mr. Weszka, any further discussion? All in favor please say aye.- Opposed. Let-the record show .the vote is 5 to O, favorable recommendaton_to the Mayor and.. City Co~.ucl of this Zoning-Code .Amendment. ~~ r. a ~ - ~~~ W. Franklin Gunon - ...1.0.6.21 Shifting Sands Drive ..Ocean City, Maryland 21842 MaY ~ 15. 1984 Planning 8c Zoning Commission Tflwn of Ocean City Qoean City, Maryland 21842 i}ear Commission Members, • Unfortunately, I am unable to attend tonight's meeting; therefore, I have asked that this letter be .read into-the record on the discussion concerning ammending section 145- 1.35 (1) and 10$-135 ~ 7) of Article XXVI Site Plans..and.. Plats. As we all know, there are two reasons behind .the proposal to increase the site plans reviewed by the Commission. One, is a concern with the Zoning Administrator's atblity to effec- Lively review plans in regards to "policies" established by .the Planningand.Zoning Commission. Second, the numerous con- flcting provisions in the code~or provisions that were written • to provide for special circumstances must, by the administrator, be interpreted literally sometimes resulting in interpretations . that some .consider contrary tothe best interests of the town today. In general, I feel that. it will b$ counter-productive .for the commission to increase .the plans being reviewed as this will -only further hamper our efforts at meeting our responsibilities of long .term .planning, code revision, and updating the master ......plan. . I am hopeful that enf orcement of "policy" by the ~ Admininstrator .can be solved by formal adoption procedures such as those used • at the .last meeting in regards to the Landscaping policy. The problem of conflicting code provisions and outdated pro- visions receiving. literal interpretation is only resolvable through correction of the code itself which is our responsibil-t'y and would prove difficult to accomplish if we have manymore site plans to .review at each meeting.. ._~ r ~ y .... SAY ~ 5 " --4 _.~.. • M ~. ~ - The Town of .Ocean City, The Planning & Zoning'Commission, ..The Zoning Enforcement- Office, and the Zoning Code itself are in a .state of change from one of growth' at all. costs to one of growth. with reasonable controls. There are bound to be rough spotsthatneed work and obviously now is one of those rough spats.. I think it-would be a mistake for us to change the system so as to make site plan review. our major function; .therefore,, jeopardizing performance of -our primary espansibility of planning. We must have time to review anal update .the master plan, ~~rise the Zoning code-and look to the future . Sincerely, ,~- y - W. Franklin Gunion WFGssgb .., • ~~~~ ~~~ W. Franklin Gunion 10621 Shifting Sands Drive Ocean City, Maryland 21842 May 15, 1984 Planning & Zoning Commission Town of Ocean City Ocean City, Maryland 21842 Dear Commission Members, Unfortunately, I am unable to attend tonight's meeting; therefore, I have asked that this letter be read into the record on the discussion concerning ammending section 105- 135 (1) and 105-135 (7) of Article XXVI Site Plans and. Plats. As we all know, there are two reasons behind the proposal to increase the site plans reviewed by the Commission. One, is a concern with the Zoning Administrator's ability to effec- tively review plans in regards to "policies" established by the Planning and Zoning Commission. Second, the numerous con- flicting provisions in the code, or provisions that were written to provide for special circumstances must, by the administrator, be interpreted literally sometimes resulting in interpretations that some consider contrary tothe best interests of the town today. In general, I feel that it will be counter-productive for the commission to increase the plans being reviewed as this will only further hamper our efforts at meeting our responsibilities of long term planning, code revision, and updating the master plan. I am hopeful that enf orcement of "policy" by the Admininstrator can be solved by formal adoption procedures such as those used at the last meeting in regards to the Landscaping policy. The problem of conflicting code provisions and outdated pro- visions receiving literal interpretation is only resolvable through correction of the code itself which is our responsibility and would prove difficult to accomplish if we have many more site plans to review at each meeting. 6 r^~~; ~IAY15 ~4 -, I .:..:~~~..~L~~ The Town of Ocean City, The Planning & Zoning Commission, The Zoning Enforcement Office, and the Zoning Code itself are in a state of change from one of growth at all costs to one of growth with reasonable controls. There are bound to be rough spots that need work and obviously now is one of those rough spots. I think it would be a mistake for us to change the system so as to make site plan review our major function; therefore, jeopardizing performance of our primary responsibility of planning. We must have time to review and update the master plan, ~~ise the Zoning code and look to the future. Sincerely, ~ ~.. IBC W. Franklin Gunion WFG:sgb 1`~ 1„j~~ VJ1:~'~"~" S. Stndias far artists; ograpfiers, teachers. sculptors ar mus~iens. PLANNING AND20N#NG COMMISSION 2. Placement of signs on proposed storage structure pre- . TOWN OF OCEAN CITY hibHed» OCEAN CITY, MARYLAND 3. Expansion of the retail space based on the new parking NOTICE OF PUBLIC HEARINGS spaces provided prohibited. Pursuant to the visions of Chapter 105 of the Code of 4. Restrict use of proposed building to accessory storage far Pro the existing retail-store located on the northwest section at the Ocean City, Maryhtad, herei~fter referred to as the Code, southeast parcel same being the Zonlnp, Ordinance for the. Town of Ocean g, Obtain setback vafriance from Board of Zoning. Appeals. City,. Maryland, notice is hereby given that the public hearing. 6, Provide substantial landscaping along property lines abet- w~iH be conducted by the Piann)ng and Zoning Commission of Ling R-2 District, including a heavily landscaped 5 foot wide Ocean City, Marylaad in the Council Chambers of the area slang the north property line. , Municipal Building, tocaie$ on Baltimore Avenue and Third 7, Provide dot. mix in parking area. Strcet,Oceaa-City„ Maryland an 8. Obtain 25 foot curb cut approval. from' State Highway . Administration» *- TUESDAY, MAY 15,1984 9. False windows ta-be provided on aR sides of storage build- at 7:00p.m. inp. to considerthe following: I0. The sire plea shall be reviewed and approved by Planning and Zoning Commission. ~, ZONING CODE AMENDMENT The purpose at the public hearing herein advertised is to ' To amend Section 195.135 fl) and !OS-I35 (7} of Article ~eive comments concerning the above conditions. X?fYI Site Piarts -and Plats, of Part 4 Administrative. APPLICANT: MITCHELL'S MARKET, INC. - PZ 638 Provisions, of Chapter lflSrZaning oithe Code of the Town of IdceAn City by reducing-the siax requirements .for: projects 2 x-4-27, 5-It subject to site plan aeview- by .the Pianniag and Zoning _ _, Commission. _ ,, ' ' Currently the Zoning Code requires site plan review by the Planning and Zoning Commission for multiple-€amtly dwelling projects cantainiag more than. ten (10} dwelling units or Form-. ing a parr of a muitiplrfamily development of two (2) or more buildings snd for business, commercial and industrial building projects containing more than 5,000 square feet, of floor area. The proposed ;~ntercdment changes ttse rri~ttiple-family rest-~ derrti~Srcquirektzeret t~ fc~r~. '~;~ ~s~sts o€ e1;e>re~ ,~rss", r~:eca~'the requirement Yor husar~s. coti~tra~rciad anel inctuatsiai bci:Idings to 1,000 square feet of 61oor area ar more. APPLICANT: P AND ZONINGCOMMISSION - Z ti4l ZONI .. CODE AMENDMENT Ta amend Seetio+t 1.85-40. Interpretation of minimum . _ ' requirements, of-A ticir XVIi, Off-street Packing, of Part 3, Provisions Gorerning AN DistriMs, of Chapter 105, Zoning, 6y deleting Subsection "J" vrhicfi permits an expansion of floor area without providia~ additional parking it increased parking requirement is less than I~percent. '~ , APPLICANT: PLANN#~rG AND ZONING COMMISSION - P2644 CQNDI7`IOtVE4E REZONING PETITION Pursuant to the proyisians of Section i05-12$ (initiaiioa of Changes) as amended by Ordinance 1983-31, s petition for rezoning. has been filed with. the Mayor and City Council.. A public hearing was held by the Planning and Zoning Commis• lion to consider the rezoning petition for a change in Zoning District Ciassif)calian from -R-2 (Multiple-Family Residential) to B-I (Local Business}for property described as Lot A & B, Block 32, Original Plat of `Ocean City, further described as abutting-the westernmost side at Philadelphia Avenue, at its , northwest intersection with 4th Street,. and siso known locally as Mitchell's Market to remove an existing retail business from nonconforming status and construct none-story storage build- ing far use with said business. ` ' After considering testimony presented. at that public hearing, the Planning and Zoning Commission voted Eo send a favor- able recommendation to the Mayor and City Council with the following conditions which are intended Eo protect the surrounding properties: I. The property shall. be invited to" the permitted uses, as of ~ ' . April 17, 1984, in the 11-I District, excluding the following: F . Bowting alleys ar biNiard parlors. • H.Cocktail lounges, taverns or nightclubs. K. Frozen food lockers for individual ar family use: L. Laundries ar Laundromats, M:Restaurants. `` ' R. Undertaking businesses ar establishments or funeral ~~ ~ • "°' `. whomes*»_ +~ r- ,..> a y a a ~.• Y ~:w~ o ~•..: • a r • a r.r s ~; ~ - . .. _ _ -. .. _ _ _ .... _. Maryland E;o..~.st ~'ress Rtu1 Dates 4 f2l f 84 5f 3.1 /84 PLANNING AND 'CONING COr1~^~IISSION TOWN OF OCEAN CITY OCEAN CITY, MARYLAND NOTICE OF PUBLIC HEARINGS Pursuant to the. provisions of Chapter 105 of the Code of Ocean City, ?~1aryland," hereinafter referred. to ws the Code, same being the Zoning Ordinance for the Town of Ocean City, M<~ryland, notice is hereby given that the public hearing will be conducted by tlae Planning and Zoning Commission of Ocean City, Maryland in the Council Chambers of the Manici~al Building, located on Baltimore Avenue and Third Street, Ocean City, Maryland on TUESDAY, MAY 15, 1984 at 7:00 p.m. to cDt!~,tG~~r -~ln~ following: .ZONING CODE AMENDMENT To amend Section 105-135 (1) .and 105-135 (7) of Article XXVI Site Plans and Plats, of Part 4 Administrative Provisions, of Chapter-105 Zoning of the Code of :the Town of ; Ocean City by reducing the size requirements for projects subject to site plan review by he Planning and Zoning Commission. Currently ,the Zoning Code requires site plan review by the. Planning and Zoning Commission for multiple-family dwelling projects containing moxe than-ten (10) dwelling units or forming a part of a multiple-family development of two (2} or. more buildings and for business, commercial and industrial building projects containing more than 5,000 square feet. of floor area. The proposed amendment .changes the multiple-family residenti.=~l requirement to four (4) units or more and reduces the requirement for bu5i- ness, commercial and industrial buildings to 1,000 square feet of floor area or more. APPLICANT:. PLANNING AND ZONING COi~~`ZISSION - PZ 641 _ `. ZONING CODEI AMENDMENT To amend Section..105-90, Interpretation of minimum requirements, of Article XVII, Off-street Parking., of Part 3, Provisions Governing All Districts, of Chapter 105, Zoning, by deleting Subsection "J" which permits an expansion of floor area without' providing additional .parking if increased parking requirement is .less than 10 percent. APPLICANT: PLANNING AND ZONING COr~IISSION - PZ 644