Mayor and Council Meeting, 2/5/2001

A meeting of the Mayor and City Council was called to order at 7:30 p.m., Mayor Katz presiding. Council Members present: Alster, Davis, Marraffa, and Somerset. Absent: Council Member Edens. Staff present: City Manager Humpton, Assistant City Manager Felton, Intern Faust, Economic and Community Development Director Tomasello, Planning and Code Administration Director Russel, Urban Design Director Wagner, Planner Schwarz, Planner Depoe, Planning Analyst Patula, Environmental Specialist Pfefferle, Parks, Recreation and Culture Director McGleish, Police Lieutenant Bonvillain, City Attorney Abrams, and Administrative Assistant Stokes. Planning Commissioners present for joint public hearing: Schlichting, Bauer, Keller, and Hicks.

I. PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Richard Knoebel, Gaithersburg, Maryland.

II. INVOCATION

The invocation was delivered by The Reverend Kathleen Bauerle-Berg, Interfaith Counseling Services, Gaithersburg, Maryland.

III. APPROVAL OF MINUTES

Motion was made by Council Member Alster, seconded by Council Member Davis, that the minutes of a Mayor and Council meeting held January 16, 2001, be approved.

Vote: 4-0

IV. APPOINTMENTS

Resolution of the City Council Confirming Appointments and Reappointments of the Mayor

This resolution confirms the following appointments and reappointments: Ad Hoc Girard Street Traffic Calming Committee, appointment of Jeff Hammer, 413 Sanders Lane, Gaithersburg, Maryland 20877, indefinite term; Ad Hoc Greater Historic District Charrette Implementation Committee, appointment of Kim Brown, 19 Maryland Avenue, Gaithersburg, Maryland 20877, indefinite term; Beautification Committee, reappointments of Stella Campana, 9104 Edgewood Drive, and Sue Anderson, 9120 Edgewood Drive, Gaithersburg, Maryland 20877, two year terms; and Education Committee, appointment of Matthew Perlman, 304 Highland Ridge Avenue, Gaithersburg, Maryland 20878, two year term.

Motion was made by Council Member Marraffa, seconded by Council Member Alster, that a RESOLUTION OF THE CITY COUNCIL CONFIRMING APPOINTMENTS AND REAPPOINTMENTS OF THE MAYOR TO THE AD HOC GIRARD STREET TRAFFIC CALMING COMMITTEE, AD HOC GREATER HISTORIC DISTRICT CHARRETTE IMPLEMENTATION COMMITTEE, BEAUTIFICATION COMMITTEE, AND EDUCATION COMMITTEE (Resolution No. R-8-01) be approved.

Vote: 4-0

Resolution Establishing a Latitude Observatory Park Planning Committee

The above committee has been established to address a key recommendation of the Parks, Recreation and Open Space Plan for the 21st Century Master Plan to redevelop the Observatory Park. The committee has been charged with the following: review the purpose and accomplishments of the Gaithersburg Historic International Latitude Observatory; review the City’s overall Parks and Recreation needs and opportunities as identified in the Parks, Recreation and Open Space Plan for the 21st Century, including the specific recommendations for the Observatory site; develop a plan for the Latitude Observatory Park, taking into account the preservation and security of the Observatory; seek public input from local neighborhood and other interested citizens; evaluate the feasibility and justify all proposed elements for the Park; and present key recommendations to the Mayor and City by Spring of 2001. This resolution confirms the following appointments of the Mayor to serve indefinite terms: Michael A. Heffner, 8926 Blue Smoke Drive, Gaithersburg, Maryland 20879, Karen Johnston, 5 James Street, Gaithersburg, Maryland 20877, J. Persensky, 116 Summit Hall Road, Gaithersburg, Maryland 20877, David H. Shayt, 214 Cedar Avenue, Gaithersburg, Maryland 20877, and Gilbert and Mary Lou Thompson, 205 Cedar Avenue, Gaithersburg, Maryland 20877.

Motion was made by Council Member Alster, seconded by Council Member Marraffa, that a RESOLUTION ESTABLISHING A LATITUDE OBSERVATORY PARK PLANNING COMMITTEE AND CONFIRMING APPOINTMENTS OF THE MAYOR THERETO (Resolution No. R-9-01) be approved.

Vote: 4-0

Resolution Establishing an Ad Hoc Brookes, Russell, Walker District Guidelines Committee

The Mayor and City Council have determined that the existing design guidelines for the Brookes, Russell, Walker Historic District need to be updated. The above committee has been established to review the existing guidelines and research policy changes; to incorporate changes in accordance with the Secretary of the Interior Standards and other requirements of this District; and to report its recommendations to the Historic District Commission approximately three months after its inception. Both the Historic Preservation Advisory Committee and staff recommended that these guideline be updated involving citizen participation. This resolution confirms the appointments of the Mayor to serve indefinite terms on the above committee: Shirley Adams Webber, 24 Brookes Avenue, Lisa Schuler, 30 Walker Avenue, Howard Furner, 26 Walker Avenue, and Amy Hardin, 103 Brookes Avenue, Gaithersburg, Maryland 20877.

Motion was made by Council Member Davis, seconded by Council Member Somerset, that a RESOLUTION ESTABLISHING AN AD HOC BROOKES, RUSSELL, WALKER DISTRICT GUIDELINES COMMITTEE AND CONFIRMING APPOINTMENTS OF THE MAYOR THERETO (Resolution No. R-10-01) be approved.

Vote: 4-0

V. PRESENTATIONS

Annual Report on Historic Preservation

Chair of the Historic Preservation Advisory Committee (HPAC) Cathy Drzyzgula presented a brief overview of preservation projects in the City of Gaithersburg during the year 2000 and presented the committee's work plan for 2001. She stated the committee researches and evaluates applications for exterior changes and sites in the historic district and individual sites throughout the City. The committee also volunteers for public outreach and education efforts related to the City's history and make recommendations and reviews as part of the City's planning process. The work plan for 2001 included special events and projects, proposed work on historic sites, outreach plans, and administrative work with tax credit applications and language issues for emergency work permits.


Statement Concerning Gun Shows at the Fairgrounds

Mayor Katz read the following statement:

On October 17, 2000, we received a letter from County Executive Doug Duncan that asked the City to adopt legislation that would prohibit gun shows at the Montgomery County Fairgrounds. In his letter, Mr. Duncan referenced County Bill No. 4-97 and suggested we adopt similar legislation so the restrictions on gun shows would be uniform throughout the County.

The City Attorney has advised us that the County's law, as currently worded, would not prohibit gun shows at the fairgrounds if it applied within City limits. It is our understanding that the fairgrounds are not included in the definition of "place of public assembly", and there are no "places of public assembly" as defined in the County's existing law within 100 yards of the fairgrounds.

On Tuesday, January 23, 2001, the Montgomery County Council introduced legislation that would among other items change the definition of public assembly that would effect the fairgrounds. If this new legislation would be enacted in the County, it would not automatically take effect in the City of Gaithersburg.

If the County does amend the existing law, it would be appropriate for the City at that time to conduct our own hearings or public meetings, receive input from our citizens and businesses, including the Montgomery County Fair Board, and then decide if we want to adopt the County's law or consider some alternative approach.
The Council and I appreciate the good working relationship that we have with the County Executive, the County Council and the Fair Board and look forward to it continuing on this and other topics.

If the City Council concurs with this approach, I would like to ask the City Manager to contact the County Executive's office and discuss our position.

VI. PUBLIC APPEARANCES

Mayor Katz announced that on the agenda for policy discussion is SDP-00-001, Lots 4 and 5, Quince Orchard Park Crescent - Arbee Associates Development. He stated testimony would not be allowed at that time because it is not a public hearing and that public appearances would be the appropriate time to speak.

1. Tom Patton, 26 Brookes Avenue, stated the City hosted a Design Charrette last year for the greater historic district and several issues and concerns for improvement of the neighborhood were discussed. He stated an Ad Hoc committee was appointed to review staff's proposal presented to the City Council. He stated the committee has reviewed the proposal and have concerns that they would like to discuss with the City Council.
   
   Mayor Katz asked for the committee to set a work session to discuss concerns with the plan.
   
   
2. Larry Seeger, 1015 Bayridge Terrace, stated he attended two meetings with the Arbee developers and still has concerns with the plan.
   
   
3. Lashena Williams, 35 Beacon Hill Court, stated she attended the Arbee meetings and she to has concerns with the design of the building and the community is not in support of this project as it stands.
   
   
4. Solomon Bass, 9 Polk Court, expressed displeasure with the current Arbee proposal. He stated concerns with the architectural style of the building and it's use not being consistent with other buildings in the area.
   
   
5. Leslie Sharkey, 1 Polk Court, submitted pictures of the existing area and surrounding buildings for the City Council review.
   
   
6. Richard , 837 Bayridge Terrace, expressed concerns with the current design and asked the City Council to review the plans.
   
   
7. Joy , 11 Beacon Hill Way, concerns with traffic safety issues in the neighborhood with the new development and asked the City to follow up on a letter received from the State regarding a right turn off of Quince Orchard Boulevard.
   
   
8. Gary Downey, 1 Polk Court, expressed concerns with traffic safety issues and the installation of speed bumps not deterring speeding. He also expressed concerns with the architectural design of the Arbee building.
   
   
9. 920 Bayridge Terrace, thanked Arbee Associates for being accommodating, but he does have concerns with traffic safety and the architectural design of the Arbee building.
   
   
10. Barbara Sears, representing the applicant Arbee Associates, stated meetings have been conducted with the community and concerns have been addressed. She stated the architectural design of the building is compatible with its surrounding buildings and is environmentally friendly. She thanked City staff and the Planning Commission for their efforts. She stated other urban design architects have found the building to have compatible elements with what exists in the area. She stated most of the townhouses will be over 500 feet from the proposed building with densely landscaping.
    
    
11. Hilda , Fernshire Farms Community, expressed displeasure of the proposed Arbee building stating the architectural design is inappropriate.
    
    
12. Larry Penn, 897 Bayridge Drive, stated he has served on the architectural control committee for the community. He expressed concerns with the architectural design of the Arbee building and stated it is not in conformance with surrounding buildings.
    
    
13. Sally Gorsline, 411 Beacon Hill, expressed traffic safety concerns with the intersection of Great Seneca Highway and Quince Orchard Boulevard and the surrounding roadways. Asked the City Council to reconsider approving plans for the Arbee building.
    
    
14. Daniel Reeder, Game Preserve Road, stated the Montgomery Village Foundation will hold a community meeting on the I-270 Watkins Mill project on Tuesday, February 6, 2001. Stated he attended meetings to discuss the Arbee building and feels the building is inappropriate for the proposed site.
    
    
15. Cindy Dalton, 15 Polk Court, supports the opposition to the architectural design and site for the proposed Arbee building. She asked for the same consideration given to the Kentlands development be given to the Fernshire community.
    
    
16. William Michael, 1021 Bayridge Terrace, echoed opposition to the architectural designs and traffic safety concerns with the proposed Arbee building.
    
    
17. Kelly Hancock, Arbee Associates employee, stated Arbee has met the requirements of the MXD Zone. She stated the business has been in the community for 16 years and would like to remain in Gaithersburg.
    
    
18. Kevin Surges, Arbee Associates employee, supports the Arbee project and asked all the employees present to stand in support of the proposed plan.
    
    
19. Tom , 521 Beacon Hill Terrace, expressed concerns with the architectural design and site for the proposed plan. He asked for modifications to fit the community's architectural standards.
    
    Mayor Katz asked staff to address SDP-00-001 - Lots 4 and 5, Quince Orchard Park Crescent for Policy Discussion on the agenda at this time.
    
    

Policy Discussion Item - SDP-00-001 - Lots 4 and 5, Quince Orchard Park Crescent

Urban Design Director Wagner gave a background on the above Schematic Development Plan (SDP) and the property being rezoned to MXD (Mixed Use Development) in 1993. He reported that there were two meeting with the Fernshire Farms community and a third meeting between staff and the president of the homeowners association to address issues such as architectural design, views from the adjacent residential areas, and traffic concerns. He stated this evening staff is looking for staff guidance to prepare a resolution for action whether that be adoption or denial of the SDP. Mr. Wagner gave a presentation on the issues relating to site plan, off site improvements, traffic, and architecture. He stated the two building site is now proposed for one building. The subject site is located on the north side of Quince Orchard Road, on east side of Sioux Lane, and on the south side of Wind River Lane. He stated that staff has worked with Arbee to add additional green space on Wind River Lane and other areas on the property. Staff has also worked with Arbee to improve traffic patterns entering and exiting the property. To address traffic concerns, staff has recommended a prohibition against right turns from Wind River Lane onto Sioux Lane, narrowing of Wind River Lane at the intersection of Sioux Lane in order to deter vehicles from making a right turn, raised crosswalk at the intersection of Sioux Lane and Wind River Lane, and the addition of four streetlights at the property's frontage along Sioux Lane. He stated that under the City's Zoning Ordinance, the plan is internally and externally compatible with existing and planned land uses in the MXD zoned area and adjacent areas. He stated staff has found that the compatibility issue really relates more to surrounding buildings that are of a non-residential nature, then buildings that are residentially used. In conclusion, staff recommends approval of the plan.

Planning Commission Chair Schlichting stated the Commission gives a positive recommendation to the plan. He stated they have decided to separate the SDP issues from the architectural issues. He stated the plan this evening is far superior to the plan which was originally approved. He stated the building plan is a high quality office building designed to stand out. He also stated it is environmentally and forth thinking structure. He pointed out that the Commission and staff has worked hard to increase the buffer between the townhouse community and the office building. He also noted one of the conditions is the applicant continues to work with the community on the elevation until they are satisfied. In conclusion, he stated the Commission supports the SDP Amendment which does not include the architecture.

Mayor Katz stated he has problems with the site of the building. He also had concerns with the increased height from one story to two stories.

Council Member Davis expressed the building on the proposed site is not in the best interest of the citizens of the building. Felt that the architectural design is not compatible with the other land uses in the MXD and the adjacent areas. He stated he would like the building to be built in Gaithersburg but on another site.

Council Member Alster expressed concerns with the proposed site for the Arbee building. He stated he would like to find another site for the building. Questioned why the building was not put on the other side of the street which the developer does own property.

Council Member Somerset expressed concerns with the parameters of the building being changed. Asked for the developer to find another site.

Council Member Marraffa stated he is in favor of the building, but feel that they need to do what is in the best interest of the community. Asked for another site to be pursued.

Mayor Katz asked Barbara Sears, representing the applicant, whether the developers can get together with the community and come to some agreement. He stated he would like to give that opportunity for modifications to be made and leave the record open.

Barbara Sears, representing the applicant Arbee Associates, stated they will work with the community, but stated the Planning Commission did approve the two stories as a modification to the sketch plan.

City Attorney Abrams stated there is a strong case law which states that you can not make a zoning decision, land use decision based upon the feelings of the community.

Mayor Katz concerns with the height of the building and the architectural design. He suggested the City Council leave the record open until February 20, 2001.

VII. FROM THE MAYOR AND CITY COUNCIL/ANNOUNCEMENTS

Council Member Davis

1. Concurred that a work session be scheduled to discuss the Neighborhood Five Master
2. Plan.Announced vacancies on various committees.
   

Council Member Alster

He complimented staff on the State of the City Dinner.

Council Member Somerset

1. She reported an amendment being introduced in the State of Maryland to enforce heavier punishment for cruelty of animals. She stated our Maryland Delegation are co-sponsors of this bill.
2. She concurred that a work session to address the Neighborhood Five Master Plan be scheduled.
   

Council Member Marraffa

Announced a closed executive session will be held on Monday, February 5, 2001, to discuss a legal and property acquisition matter.


He stated he and staff gave a presentation in Annapolis for the support of legislation for telecommunications and wide area dialing.

He concurred that a work session to discuss the Neighborhood Five Master Plan should be scheduled.


He complimented staff on the State of the City Dinner.

Mayor Katz

1. He stated at the last Work Session, additional information on the transportation problems in the City were requested to review the residential densities within Neighborhood Five. He asked the City Manger to schedule a work session.
   
2. He complimented staff on the State of the City Dinner and announced a video will be aired on our cable channel.
   

City Manager

1. Announced the City will co-sponsor the first St. Patrick's Day Parade in our area at the Washingtonian Center on March 10, 2001, at 10 a.m.
   
2. Mention a report of the City Budget Forum was included in their packages.
   
3. Reported an upcoming meeting on the Park School/Middle School site on February 26, 2001. If the meeting is to be held at City Hall, then a sign-up sheet will be available for seating.
   

PUBLIC HEARINGS

Joint - T-347 - Application Requests Amendment of Chapter 24 of the City Code (City Zoning Ordinance), Article IV, Entitled "Supplementary Zone Regulations," §24-167 (C)1.(d) to Amend the Standard Applicable to Private Telecommunications Facilities on Public Property

Planner Schwarz stated the application is to change the standards for private telecommunication facilities on public property. She stated the above public hearing has been advertised in the January 17 and 24, 2001, issues of the Gaithersburg Gazette. She stated there are 5 exhibits in the record file. The City recently have been contacted by several telecommunication companies who has expressed interest in putting facilities on City property. She stated the telecommunication towers can be integrated into such items as lighted football files with limited impact to the property. Under the current law these facilities are not permitted in some of the zones or they would have to be approved by the Board of Appeals. The proposed ordinance would give the City Council the discretion to approve telecommunication facilities on City property. She stated that in order for the public interest to have clear wireless communication, staff believes that it is important that the City Council have the ability to approve the facilities on a case by case basis.

Speaker from the public:

Len Forkas, Milestone Communications, 1890 Preston White Drive, Reston, VA, stated his company specializes in developing wireless communication facilities in public/private partnership with local government. He stated the company builds these facilities to blend in with its environment. Mr. Forkas supplied the City Council with a brochure from his company. His stated his is in support of the amendment.

There were no other speakers at this hearing.

Motion was made by Commissioner Keller, seconded by Commissioner Hicks, that the Planning Commission record on T-347, be held open for twenty-four (24) days (March 1, 2001).

Vote: 4-0

Motion was made by Council Member Somerset, seconded by Council Member Davis, that the City Council hold the record on the above public hearing open for thirty-five (35) days (March 12, 2001).

Vote: 4-0

Z-291 - Request to Rezone approximately 56 Acres of Land Known as the Casey/Goshen Tract, Parcels D, E, F, & G and Former Master Plan Right-of-Way in the City of Gaithersburg, From the Existing E-1 (Urban Employment), C-2 (General Commercial), R-18 (Medium Density Residential), and R-A (Low Density Residential) Zones to the MXD (Mixed Use Development) Zone, in Accordance With §24-196 of the City Code. The Property is Located East of Goshen Road, Between Midcounty Highway and Girard Street. The Sketch Plan Includes 18 Single-Family Detached Units, 145 Single-Family Attached Units, 112 Condominiums, and 452 Multi-Family Units for a Total of 727 Dwelling Units

Planner DePoe stated the above public hearing is for the Casey/Goshen Tract called Hidden Creek. Mr. DePoe gave a brief presentation on what the development includes. He stated the development consists of Land Bay I, II, and III, totaling 837 dwelling units. He stated the map amendment application for rezoning is for Land Bay III only, which consist of approximately 56 acres of land. An issue of the Planning Commission is traffic. He stated the applicant is proposing improvements to the intersection of Goshen Road and Odend'hal Avenue, Goshen Road and Midcounty Highway, and Goshen and Emory Grove Road. Both the State Highway Administration and Montgomery County have review the plan and has approved it with conditions for specific improvements along the intersections stated above. Mr. DePoe stated the applicant has incorporated several amenities suggested by the Planning Commission and staff to develop a more harmonious community to provide the look and feel of a traditional neighborhood. In conclusion, he stated a Work Session on Hidden Creek is scheduled for February 12, 2001.

Mayor Katz questioned the school location of the students living in the proposed development. He expressed concern with any new development until the issue of student/capacity have been addressed with the Montgomery County Public School Board.

Council Member Alster stated the decision process to deal with new development and school student/capacity needs to be addressed. He stated that the responses received from the school board is not sufficient. He would like the County to become more involved in the decision process at a work session.

Speakers from the public:

1. Barbara Sears, representing the applicant Odyssey Development LLC, stated they have been working with the Planning Commission and staff for about six months. She also stated that Land Bay I and II have gone through site plan review and preliminary plan approval under the RP-T and are approved for 112 units. The balance of the property in the MXD (56 acres) would propose 725 units of mixed residential. She stated the developers believe the plan would inspire redevelopment of the nearby shopping center. She pointed out that the traffic pattern issues have been reviewed by State, County and City staff.
   
   
2. Larry Goldstein, Managing Director of Odyssey Development, gave a brief presentation of the development process of the plan. He reviewed the original and current plan showing modification made to the proposed units/condominiums and amenities in the plan.
   
   
3. Steven Gang, architect, review modifications to the amenities to bring the community together. He stated some of the modifications included the clubhouse and pool facilities, parking spaces and hidden decks, and courtyards in the plan. He stated the current plan would allow access to the shopping center.
   
   
4. Lee Cunningham, Lee Cunningham and Associates, stated he is responsible for the transportation analysis of the plan. He stated the analysis has been reviewed by the State, County, and City staff. He review the transportation patterns that have redefined and improved in the plan.
   
   
5. Richard Arkin, 121 Selby Street, stated the plan has been improved, but stated concerns with school capacity. He also expressed concern with the pedestrian internal and external walkway system and connections. He asked that plan improvement upon the north/south street system. Mr. Arkin stated concern with the proposed ratio of multi-family dwelling to single-family dwellings. He stated is not compatible with the City’s Housing Plan. In conclusion, he would like to see more done with the commercial area redevelopment. He also expressed concern with segregating sections of the community to the amenities.
   
   
6. David Walker, 104 Wisley Square Lane, expressed concerns with the density of the plan and school accommodations. He also expressed concern with traffic safety at school crossings. In closing, he stated the lack of parking in the plan near the common areas.
   
   
7. Barbara , Saybrooke Development, thanked Mr. Goldstein for incorporating the ideas of the community where there were concerns. She expressed concern with the pedestrian paths, traffic issues, and density.
   
   
8. Cathy Drzyzgula, 116 Walker Avenue, concerns with the student capacity ratio and traffic concerns.
   
   
9. Jim Harris, 304 Saybrooke View Drive, concerns with the accommodations for students at the area schools. Announced a upcoming meeting with the MCPS representatives to discuss this issue with regards to the number of students being added to Gaithersburg Elementary School. He also stated there are upcoming meeting regarding funding to area schools. He stated concerns with traffic/pedestrian safety to the schools.
   
   
10. Eleanor Davis, 3 Whiteout Court, Gaithersburg Elementary School was slated in the CIP to have improvements years ago and then it was cancelled.
    

There were no other speakers at this hearing.

Mayor Katz stated he has concerns with transportation and school issues. He asked for a Work Session with the school board to discuss the student/capacity ratio before going ahead with the development. He stated Hidden Creek information is on the City's website for citizen review.

City Manager stated a Work Session has been scheduled for next week and he didn't think the school board would be able to attend on short notice. He recommended deferring the Work Session.

Motion was made by Council Member Alster, seconded by Council Member Somerset, that the City Council hold the record on the above public hearing open indefinitely.

Vote: 4-0

VIII. ORDINANCES AND RESOLUTIONS

Resolution of the Mayor and City Council Awarding Matching Grants to Village Overlook IIA and IIB for Neighborhood Improvements ($7,906)

Motion was made by Council Member Somerset, seconded by Council Member Alster, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL AWARDING MATCHING GRANTS TO VILLAGE OVERLOOK IIA AND IIB FOR NEIGHBORHOOD IMPROVEMENTS (Resolution No. R-11-01) be approved.

Vote: 4-0

Introduction of an Ordinance to Amend Chapter 11 of the City Code, Entitled "Fire Safety"

Planning and Code Administration Director stated a public hearing on the above ordinance will be held on February 20, 2001. She stated this legislation would require all existing hard-wired smoke detectors to be replaced with devices that have battery back up and would require a smoke detector on each floor.

Motion was made by Council Member Davis, seconded by Council Member Alster, that AN ORDINANCE TO AMEND CHAPTER 11 OF THE CITY CODE, ENTITLED "FIRE SAFETY" SO AS TO RENUMBER SECTION 11-8 ENTITLED "SEVERABILITY" TO BE SECTION 11-9 AND FURTHER TO ENACT NEW SECTION 11-8, ENTITLED "SMOKE DETECTORS" TO REQUIRE THE INSTALLATION OF SMOKE DETECTORS IN RESIDENTIAL DWELLINGS AND REQUIREMENTS APPLICABLE THERETO, be introduced.

Vote: 4-0

IX. POLICY DISCUSSION

Environmental Standards Regulations for the City of Gaithersburg

Environmental Specialist Pfefferle stated the above regulation was introduced to the City Council on November 6, 2000, and a public hearing on December 4, 2000, with the record closing on January 31, 2001. He stated staff had prepared a response to comment document summarizing comments, providing responses, and recommended changes indicating where changes have or have not occurred to the regulation.

Mayor Katz stated Council Member Edens questioned on page 41 the waiver provision going to the Planning Commission. The Mayor and City Council concurred that the waiver should come before the City Council.

Environmental Specialist Pfefferle suggested a wetland buffer of 50 feet and which the City Council approved.


T-344 - Ordinance to Amend Chapter 24 of the City Code (Zoning) Sec. 24-172 Thereof Entitled, "Compliance With and Changes in Plan," Subsection (b), so as to Clarify the Application Process for Site Plan Amendments, and Sec. 24-241 Thereof Entitled, "Procedural Matters," so as to Add Notice and Sign Posting Requirements for Certain Hearings

Urban Design Director Wagner stated a public hearing was held for the above ordinance on July 17, 2000. Comments at that hearing were to have larger and readable signs along the road. He also stated there was an issue of having signs removed soon after the hearing. In the amended ordinance staff proposes 2'x3' sign which would be used for site plan. The second is 3'x4' in size, which would apply to sites on larger roads. Staff presented mock-up signs for the City Council's viewing.

The City Council all concurred that the size is fine but want to make sure the lettering is readable and the information be limited to only what is essential. They asked for such items that are obvious to be in small print, remove the website and other such items that does not pertain to the meeting itself.


SDP-00-002 - Lots 6 and 7, Quince Orchard Park Crescent

Urban Design Director Wagner stated the above is the companion SDP of the Arbee Plan. He stated the proposed building is located on the north side of Quince Orchard Road, and have frontage on Twin Lakes Drive and Wind River Lane.

Mayor Katz asked if we could defer the presentation and approval until a written response have been received from the State Highway Administration.

Motion was made by Council Member Marraffa, seconded by Council Member Somerset, that the City Council defer approval of SDP-00-002, until written information from the Maryland State Highway is received.

Vote: 4-0

FROM THE ASSISTANT CITY MANAGER, CITY ATTORNEY AND OTHER STAFF

Parks, Recreation, and Culture Director McGleish
Announced the first meeting of the Latitude Observatory Park Planning Committee will be held on Thursday, February 15, 2001, at the Activity Center at Bohrer Park.

City Manager Humpton
Stated he has been notified that the parking lot is slippery and asked the public to exit with caution.

X. ADJOURNMENT

There being no further business to come before this session of the City Council, the meeting was duly adjourned at 10:20 p.m.

Respectfully submitted,
Doris Stokes
Administrative Assistant