Berlin Council Shows Support For Commercial Design Rules

BERLIN – Berlin officials gave their support to a measure meant to provide the Berlin Planning Commission with more control over commercial development but stressed the need to develop design standards as soon as possible.

On Monday, Jan. 12, the Berlin Town Council voted 3-1 to approve adding “architectural design review” to the section of the town code concerning site design. Berlin Mayor Gee Williams said the addition would give the planning commission some control over commercial architecture until detailed design standards were developed.

“We want immediate work done on real standards,” he said. “We’re not talking about anything draconian but something that meets the goals of what’s been expressed here tonight. Let’s get it done.”

Dave Engelhart, Berlin’s planning director, said the commission had spent the past year trying to find a way to increase its control over franchise architecture. Although the commission hasn’t adopted actual design standards yet, Engelhart said the change to town code would make it clear that the planning commission would review all commercial development to ensure it complemented the town’s historic architecture.

“This would give them the power to ask an architect to come back with a different design,” Engelhart said, adding that the commission had essentially been doing that for years without legal backing.

Councilman Dean Burrell said he understood the intent of the change but was concerned it would give the commission too much control.

“I hope this doesn’t give them the authority to nitpick some developer to death,” he said.

Councilmember Lisa Hall agreed that the town shouldn’t be too restrictive but said it was important to protect its architectural integrity. She pointed to the haphazard development along Old Ocean City Boulevard.

“There’s no rhyme or reason to any of those buildings,” she said. “We could have had a mini Main Street going down that road. It’s so mismatched there. I don’t want to continue to see that.”

She said developers of chain stores would do whatever the town asked if they wanted to build in Berlin.

Williams offered similar comments.

“We’re not trying to recreate downtown Berlin,” he said, “but we certainly want whatever we build to complement the architectural integrity of this town, which quite frankly is what the whole revitalization of this community was built on.”

Burrell agreed but stressed that actual standards — more than the language added Monday to the code — were critical so decisions weren’t based on personal beliefs.

“I really would like those standards,” Burrell said. “What should happen is it’s not Councilmember Hall’s vision or my vision or your vision it’s a vision that has been decided upon by the powers at be. This is what’s going to be the basis for our decisions.”

Williams responded that his support for the addition of architectural design review to the code came with the understanding that the planning commission would be coming to the town council for funding to develop design standards. Although no one from the commission was present at Monday’s meeting, Williams instructed Engelhart to make the message clear to commission members.

Councilman Thomas Gulyas, the only person to vote against the code change, said he wasn’t confident planning commission members would understand the urgency surrounding the need for standards. He also said the language of the legislation, which says the planning commission shall review proposed commercial development to ensure it complements the town’s character, was too vague.

“It’s too open ended,” he said, adding that he didn’t want to base the town’s future appearance on one sentence.

Gulyas, who developed a commercial office center on Old Ocean City Boulevard, also said he was concerned that commissioners would be making developers come back time and again before plans were approved.

“If they go too far that’s what the board of zoning appeals is for,” Williams said.

Engelhart said it had been the “fight of the year” to get the planning commission to the point of seeking approval for this ordinance. He said he didn’t expect commission behavior to change just because of its passage, since commissioners had been commenting on commercial architecture for years.

“The planning commission has been doing this and gotten lucky that no one’s challenged it,” he said.

Williams said he would stress to commissioners the need to get design standards to back up the ordinance quickly.

“The clock is ticking,” he said.

Councilman Troy Purnell, added, “I think we all want the town developed in a fashion that will complement the town’s historic architecture. I’m ok with this.”